Section 22.05.231. Out-of-state transfer procedures.

	(a)  A prisoner may be transferred to an institution outside of this state that is operated by the Federal Bureau of Prisons, a state, county, city or municipality, or a private entity if a determination is made that the prisoner's rehabilitation or treatment will not be substantially impaired by the transfer.  
	(b)  A transfer under the Interstate Corrections Compact under AS 33.36  shall be initiated by the chief classification officer or the chief classification officer's designee. The chief classification officer is the Interstate Corrections Compact Administrator for this state and shall work directly with other states regarding transfers under the compact.  
	(c)  Upon the request of central classification, a classification shall be held by the institutional probation officer to determine the eligibility of a prisoner for an out-of-state transfer.  
	(d)  If a prisoner volunteers for out-of-state placement or waives the prisoner's personal appearance at an out-of-state classification, the institutional probation officer shall complete the classification form and forward the form to central classification.  
	(e)  The prisoner shall be provided at least 48 hours advance written notice of a classification for an out-of-state transfer. The prisoner may appear and present evidence at the classification. The review shall be recorded.  
	(f)  The officer completing the out-of-state classification shall make a recommendation regarding whether the transfer will substantially impair the prisoner's access to rehabilitation or treatment and whether the prisoner has special medical needs, special mental health needs, or a safety or security need that may be better met in a facility outside of this state. The completed classification form shall be signed by the prisoner and the prisoner shall be provided with a copy.  
	(g)  The officer who completed the classification form shall forward the form to central classification.  
	(h)  Central classification shall prepare a notice of transfer and provide a copy to the holding facility.  
	(i)  A copy of the notice of transfer and completed classification form shall be provided to the prisoner no later than one working day after the prisoner's arrival at the holding facility. The original notice of transfer and classification form and any relevant documents shall be placed in the prisoner's case record.  
	(j)  No later than five working days after the date a prisoner receives the written notice of the decision of central classification under this section, the prisoner may appeal to the director of institutions the prisoner's out-of-state transfer decision. No later than 15 working days after receiving an appeal under this subsection, the director of institutions shall issue a written decision. The director's decision is the final agency decision. The decision shall be provided to the prisoner no later than three working days after the date of the director's decision. The appeal and decision shall be placed in the prisoner's case record.  
	(k)  A prisoner who has an appeal pending under this section may not be transferred out of this state until the appeal process is completed and the prisoner has received the decision regarding the appeal from the director of institutions. The prisoner shall sign the decision upon the prisoner's receipt of the decision. A prisoner's refusal to sign the decision does not impede the transfer process. If the prisoner's appeal is denied, or no appeal is submitted, central classification may arrange for the transportation of the prisoner to the out-of-state facility.  
	(l)  Central classification may consider whether a prisoner incarcerated outside of this state shall be returned to this state for one or more of the following reasons:  
		(1) a verified and serious threat to the prisoner's personal safety exists;  
		(2) the prisoner's projected release date is approaching and re-entry protocols need to be initiated;  
		(3) the prisoner has been approved for a prerelease furlough;  
		(4) the prisoner has been granted discretionary parole and all conditions have been met or the prisoner has met the conditions for mandatory re-parole;  
		(5) department mental health or medical personnel request the prisoner return to a facility in this state;  
		(6) at the request of the director's office.  
	(m)  During the annual reclassification review conducted under 22 AAC 05.212, a prisoner incarcerated outside of this state shall also be reviewed under this section for continued out-of-state placement.  

Authorities

33.30.011;33.30.021;33.30.061;33.36.010;44.28.030

Notes

Reference

22 AAC 05.212
22 AAC 05.242
22 AAC 05.253

Authority

AS 33.30.011 AS 33.30.021 AS 33.30.061 AS 33.36.010 AS 44.28.030

History

Eff. 1/13/2012, Register 201