Section 22 AAC 05.212 - Reclassification(a) An institutional probation officer shall complete a reclassification approximately one year after the initial classification, approximately yearly thereafter, before the prisoner's release, and at any time at the discretion of the superintendent. The reclassification must include the review of custody level, eligibility for placement on electronic monitoring, eligibility for furlough, eligibility for out-of-state transfer, rehabilitative needs, the offender management plan, the individual reentry plan, and the risk needs assessment.(b) The prisoner shall be provided at least 48 hours advance written notice of the reclassification. The prisoner may appear and present evidence at the reclassification.(c) The institutional probation officer shall complete the reclassification form and make a recommendation regarding the prisoner's custody level to the superintendent no later than three working days after the reclassification form is completed by the officer. The officer's recommendation to the superintendent shall be based on the following classification matrix factors:(1) severity of current offense;(2) additional felonies and misdemeanors involving violence or escape;(3) severity of prior offenses for adult and juvenile convictions;(5) history of institutional violence;(6) frequency of disciplinary reports during the past 12 months;(7) severity of most serious disciplinary report during the past 12 months;(8) program and work participation;(d) The officer completing the review under this section shall consider the prisoner's eligibility for placement on electronic monitoring, furlough, and for out-of-state placement.(e) The superintendent shall approve, disapprove, or modify the reclassification recommendation no later than three working days after the superintendent receives the recommendation. If the recommendation is disapproved or modified, the superintendent shall state the reasons in writing for the disapproval or modification on the reclassification form.(f) If a prisoner is determined to be eligible for placement on electronic monitoring, furlough, or out-of-state placement, the superintendent shall forward the reclassification form to central classification for consideration and a final decision regarding the placement.(g) A copy of the completed reclassification form and superintendent's decision shall be provided to the prisoner no later than three working days after the date of the superintendent's decision and must include a description of the classification action appeal process. A copy of the completed reclassification form and any relevant documents shall be placed in the prisoner's case record.(h) No later than five working days after a prisoner receives a reclassification form under this section, the prisoner may appeal the reclassification to the superintendent of the holding facility under 22 AAC 05.242. This appeal is limited to the effect that the review has on the prisoner's access to rehabilitative programs. No later than five working days after receiving an appeal under this subsection, the superintendent shall issue a decision regarding the appeal. The superintendent's decision is the final agency decision, except that an out-of-state transfer decision is appealable to the director of institutions under 22 AAC 05.231.Eff. 1/13/2012, Register 201Authority:AS 33.30.011
AS 33.30.021
AS 44.28.030