22 AAC 05.321 - Prerelease furlough

(a) A prerelease furlough is an authorized leave of absence from a correctional facility designed to facilitate the reintegration of a prisoner into society.

(b) The regional director may grant an eligible sentenced prisoner a prerelease furlough in accordance with (c) of this section. If a request for prerelease furlough is denied, the prisoner must be provided a written explanation of the reasons for the denial. The decision of the regional director may be appealed to the deputy commissioner.

(c) To be eligible for consideration for a prerelease furlough, the prisoner

(1) must be classified at the community custody level;

(2) if the sentence is more than one year, must have served at least one-third of the sentence and be within three years or less of the firm release date;

(3) may not have a pending disciplinary action, and may not have been found guilty of a major or high-moderate infraction within the past 120 days; unless the commissioner of corrections has made a written finding that the past or pending disciplinary action does not affect the prisoner's suitability for community placement and

(4) must agree in writing to abide by the conditions established for the prisoner's behavior while on furlough.

(d) In the case of a prisoner convicted of a crime against the person, upon request of the victim notice of the regional director's intent to consider the prisoner for a prerelease furlough must be sent to the victim. The victim may comment in writing on the intent of the regional director to release the prisoner on prerelease furlough status. The regional director shall consider the comments of the victim before making a final decision to release a prisoner on a prerelease furlough. If the victim requests notification, the regional director shall make every reasonable effort to notify the victim of an intent to release the prisoner on a prerelease furlough. The notice must contain the expected date of the prisoner's release, the geographic area in which the prisoner will reside and other pertinent information concerning the prisoner's release that may affect the victim.

(e) The restrictions and supervision required for a prerelease furlough must provide safeguards that minimize risk to the public, and include, as a minimum,

(1) frequent contact with the prisoner by the persons supervising the prisoner;

(2) knowledge by supervisory staff of the location of the prisoner;

(3) periodic reports by supervisory staff to the regional director on the performance of the prisoner while on furlough; and

(4) a residential setting in which persons supervising a prisoner are obliged to immediately report to the regional director any violation of a condition set for the prisoner's conduct.

Notes

22 AAC 05.321

Eff. 1/9/87, Register 101; am 4/22/2018,Register 226, July 2018

Authority:AS 33.30.011

AS 33.30.021

AS 33.30.101

AS 33.30.111

AS 44.28.030