Section 22.05.335. Violation of furlough conditions.

	(a)  If a violation of the conditions of a furlough is alleged, the superintendent must be notified, immediately followed by a written report to the superintendent and the regional director.  
	(b)  If, as a result of the alleged violation, the prisoner presents a threat to the public safety, including the security of the facility in which the prisoner resides, the superintendent may arrange for the immediate return of the prisoner to actual confinement.  
	(c)  A prisoner who is alleged to have violated the conditions of a furlough but who does not present a threat to the public safety, may not be returned to actual confinement until a preliminary hearing is held at which a determination is reached that there is probable cause to believe that the prisoner has violated the conditions of a furlough.  
	(d)  A preliminary hearing under (c) of this section must be conducted by an impartial person who was not involved in the allegation of violation of conditions of furlough. The prisoner is entitled to  
		(1) at least 12 hours' advance notice of the preliminary hearing; the notice must inform the prisoner  
			(A) that the purpose of the hearing is to determine whether probable cause exists to believe that the prisoner has violated the conditions of the furlough, and  
			(B) what furlough conditions are alleged to have been violated;  
		(2) appear and speak in his or her own behalf, and present letters, documents, or individuals who can give relevant information to the hearing officer;  
		(3) upon request, have any person who has given information adverse to the prisoner questioned in the presence of the prisoner, unless the hearing officer determines that the person would be subjected to risk of harm if the person's identity were disclosed; and  
		(4) a written summary of the hearing officer's decision which summarizes the evidence in support of a violation of the conditions of furlough, the prisoner's responses and the prisoner's position, and includes the determination as to whether probable cause exists to believe the prisoner has violated the conditions of the furlough.  
	(e)  A prisoner returned to actual confinement under (b) or (c) of this section must be granted a hearing within seven days before the classification committee, as described in 22 AAC 05.216, to determine whether the furlough is to be terminated or continued. In addition, the prisoner is also subject to disciplinary sanctions as set out in 22 AAC 05.400 - 22 AAC 05.480.  

Authorities

33.30.011;33.30.021;33.30.141;44.28.030

Notes

Authority

AS 33.30.011 AS 33.30.021 AS 33.30.141 AS 44.28.030

History

Eff. 9/10/77, Register 63; am 1/9/87, Register 101