Title 22 . Department of Corrections

Chapter 5 . Sex Offender Treatment Providers

Section 420. Agenda at disciplinary tribunal hearing

22 AAC 05.420. Agenda at disciplinary tribunal hearing

(a) A disciplinary tribunal hearing occurs in two phases, known as the adjudicative phase and the dispositive phase. The adjudicative phase must occur first and must be directed toward determining whether the prisoner committed the alleged infraction. If the prisoner is found to have committed the infraction, the dispositive phase must follow and must be directed toward determining what sanction is to be imposed. If the accused prisoner refuses to appear or participate in the hearing, adjudication and disposition may be made in the prisoner's absence.

(b) The adjudicative phase of the hearing must proceed as follows:

(1) The hearing officer or committee chairperson, as applicable, shall call the meeting to order and, unless the alleged violation is a minor infraction under 22 AAC 05.400(e) , ensure that the proceedings are tape-recorded.

(2) The hearing officer or chairperson, as applicable, shall read the disciplinary report to the prisoner.

(3) The hearing officer or chairperson, as applicable, shall request the prisoner to admit or deny each of the infractions alleged.

(4) If an admission is entered, the dispositive phase under (c) of this section may begin.

(5) If a denial is entered, the following procedure applies:

(A) if the prisoner or the disciplinary tribunal has requested the appearance of the staff member who wrote the disciplinary report, the staff member must be called into the room and questioned under 22 AAC 05.435 and 22 AAC 05.445;

(B) if the disciplinary report has noted the existence of witnesses or other evidence relevant to the alleged infraction, the hearing officer or chairperson, as applicable, may call the witnesses or otherwise introduce the evidence;

(C) the accused prisoner or advocate may present the prisoner's version of events, call witnesses, and introduce evidence under 22 AAC 05.430, 22 AAC 05.435, and 22 AAC 05.445;

(D) when the accused prisoner is finished presenting evidence, the prisoner must be excused from the room and the disciplinary tribunal shall, by a preponderance of the evidence, find whether the prisoner has committed the infraction; the tape recorder need not be operating during the deliberations of the disciplinary tribunal; and

(E) the prisoner must be called back into the room and informed, on the record, of the disciplinary tribunal's decision.

(c) The dispositive phase of the hearing must proceed as follows:

(1) If the prisoner admits the alleged infraction or is found by the disciplinary tribunal to have committed it, the disciplinary tribunal shall consider what sanction to impose.

(2) The prisoner or advocate may present any evidence or information believed to mitigate punishment. The disciplinary tribunal must consider such evidence or information in imposing a penalty.

(3) The prisoner may be excused from the room while the disciplinary tribunal determines what penalty to impose. The tape recorder need not be operating during the deliberations of the disciplinary tribunal. The prisoner must be called back into the room and informed on the record of the disciplinary tribunal's decision. The prisoner must be informed verbally, on the record, of the opportunity to appeal and the obligation to give notice of intention to appeal under 22 AAC 05.480, and must be provided a form, upon request, to facilitate an appeal.

History: Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

Authority: AS 33.20.050

AS 33.30.011

AS 33.30.021

AS 44.28.030