22 AAC 05.246. Staff assistance for classification hearing

(a) A prisoner is entitled to the active assistance of an advocate in investigating the facts and coordinating the prisoner's presentation at a classification hearing if the purpose of the hearing is consideration of continued assignment to administrative segregation under 22 AAC 05.485, or termination of a furlough under 22 AAC 05.335.

(b) A prisoner who desires to be assisted by a staff advocate may request one from a pool of three or more correctional officers or facility probation officers designated by the superintendent for that purpose. The superintendent may disapprove a request based on administrative reasons such as, for example, the staff member would have to be paid overtime for appearing before the classification committee, is on vacation, or is on sick leave. However, the prisoner may select from a minimum of two advocates in the pool.

(c) Once selected, the advocate shall meet with the prisoner at least 36 hours before the scheduled hearing to assist the prisoner. If requested by the prisoner, the advocate shall assist the prisoner in interviewing and preparing examination of witnesses for the hearing, and advise the prisoner how best to proceed on the possible classification actions for which the advocate was selected. If necessary, the advocate must have the assistance of an interpreter.

(d) If the purpose of a classification hearing is consideration of a classification action other than one set out in (a) of this section, the prisoner must be informed of the classification process and possible classification action before the hearing.

History: Eff. 11/3/84, Register 92; am 1/9/87, Register 101

Authority: AS 33.30.011

AS 33.30.021

AS 44.28.030

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