Section 22.05.219. Administrative transfer procedures.

	(a)  Central classification may initiate the administrative transfer of a prisoner based on the need to manage population, facilitate prisoner access to court, medical and rehabilitative programs and services, and for other legitimate administrative objectives. Central classification shall provide a statement of reasons for the transfer of a prisoner on the transfer order along with supporting documentation.  
	(b)  The superintendent of the holding facility may request an administrative transfer of a prisoner in response to an emergency or potentially hazardous situation, or to provide the prisoner access to court, medical, or rehabilitative programs and services.  
	(c)  A prisoner may not be transferred under this section without the approval of central classification, the director of institutions, or the commissioner. Central classification shall prepare a transfer order that includes  
		(1) the reasons for the transfer; and  
		(2) any special instructions necessary at the time of the prisoner's arrival at the receiving facility.  
	(d)  For an emergency transfer, the sending facility shall provide all documentation regarding the emergency to the receiving facility at the time of the transfer or as soon as possible thereafter.  
	(e)  If a superintendent's request for transfer request is denied, the superintendent may request the director of institutions to review the denial.  
	(f)  If an administrative transfer will result in the prisoner being assigned to administrative segregation, the prisoner must be provided a segregation review after arrival at the receiving facility.  
	(g)  A copy of the completed transfer order and any relevant documents shall be provided to the prisoner upon the prisoner's arrival at the receiving facility and placed in the prisoner's case record.  
	(h)  No later than 10 working days after a prisoner arrives at the designated facility, a prisoner may appeal an administrative transfer by submitting an appeal to the institutional probation officer at the designated facility. This appeal is limited to the effect that an administrative transfer has on the prisoner's access to rehabilitative programs. The institutional probation officer shall forward the appeal to central classification for a decision. The decision of central classification is final.  

Authorities

33.30.011;33.30.021;44.28.030

Notes

Authority

AS 33.30.011 AS 33.30.021 AS 44.28.030

History

Eff. 1/13/2012, Register 201