22 AAC 05.465. Disposition of reports

(a) If the hearing officer or disciplinary committee, as applicable, finds that the prisoner did not commit an infraction or if a finding of guilt is reversed on appeal, the disciplinary report and appurtenant reports must be removed from the prisoner's case record.

(b) If the hearing officer or disciplinary committee, as applicable, finds that the prisoner committed an infraction, the disciplinary report, the hearing officer or disciplinary committee, as applicable, findings and decision, administrative appeals, and appurtenant reports must be placed in the prisoner's case record.

(c) An information report and appurtenant documents prepared in accordance with 22 AAC 05.410 must be placed in the prisoner's case record as documentation of an incident for purposes of program assessment.

(d) No punitive action beyond that permitted in 22 AAC 05.405(a) may be taken against a prisoner because of the presence of an information report in the prisoner's case record. However, verified acts of misbehavior may be considered in the dispositive phase of a disciplinary action, as provided in 22 AAC 05.455(a) .

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

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