22 AAC 05.185 - Prisoner grievance procedure
(a) A prisoner is
entitled to report and file in writing, in his or her own behalf, a grievance,
if it alleges a violation of this chapter, a statute, or a procedure set out in
the prisoner handbook. However, matters concerning classification and
discipline, under
22 AAC 05.200 -
22 AAC 05.266,
22 AAC 05.400 -
22 AAC 05.480, and
22 AAC 05.485 -
22 AAC 05.495, may not be the
subject of a grievance under this section, but may only be raised through an
appeal of a classification or disciplinary action.
(b) A grievance must be filed in writing on a
form and in accordance with procedures established by the commissioner and
instructions made available to the prisoner upon request. The procedures will
provide for informal resolution of a grievance.
(c) If the grievance is not informally
resolved, the superintendent shall assign a facility staff member to
investigate the subject matter of the grievance and respond to it within 10
working days after receipt of the assignment. The staff member shall file a
written statement of findings with the superintendent.
(d) The superintendent shall indicate in
writing the action to be taken, and shall provide the prisoner with a copy of
the decision, within five working days after receipt of the statement of
findings.
(e) A prisoner is
entitled to appeal the decision of the superintendent to the regional director
on a form and in accordance with procedures approved by the commissioner. The
appeal must be submitted through a staff member, designated by the
superintendent, within two working days after receipt of notice of the
decision. The prisoner must be informed of the director's decision within 15
working days after receipt of the appeal. If a response is not received within
the 15 days, the appeal must be considered denied. However, a late response
granting an appeal is valid. Failure to follow the procedures set out in this
section will result in a denial of the appeal.
(f) A prisoner may not be subjected to
punishment, discipline, or loss of privileges for having filed a grievance in
accordance with the provisions of this section.
Notes
Authority:AS 33.30.011
AS 33.30.021
AS 44.28.030
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