22 AAC 05.485 - Administrative segregation

(a) A prisoner may be assigned to administrative segregation if the prisoner

(1) has not been classified since initial admission to a facility, or has not yet had a physical examination under 22 AAC 05.120(b);

(2) is incapacitated;

(3) is suffering or suspected of suffering from a communicable disease;

(4) has had segregation prescribed by a physician, physician's assistant, or mental health professional, based upon mental or physical condition;

(5) requests in writing to be segregated from the general population;

(6) is detained as a non-criminal hold under AS 47.30.705 or AS 47.37.170;

(7) is being held as a material witness under a court order;

(8) represents a substantial and immediate threat to the security of the facility or to public safety;

(9) requires protective custody; or

(10) requires the most restrictive housing based on the prisoner's behavior which represents a severe threat to the safety and security of the facility or to public safety.

(b) A prisoner assigned to administrative segregation, except one described in (a)(1) of this section, must be immediately informed of the reason for confinement in administrative segregation.

(c) Pending a hearing under this section, the superintendent shall review all assignments to administrative segregation except those under (a)(1) of this section within one working day and either approve, in writing, continued segregation or return the prisoner to general population living space. Upon completion of this review, a prisoner assigned to administrative segregation except one described in (a)(1) of this section, must be given written notice that includes the superintendent's written approval and reasons for the confinement.

(d) Except for a prisoner described in (a)(1) of this section, a prisoner must be granted a classification hearing as soon as possible, but no later than three working days after placement in administrative segregation unless the prisoner requests a continuance of the hearing. In exceptional circumstances and for good cause, the hearing may be postponed for up to 24 hours. In addition, a prisoner assigned to administrative segregation must be granted a review hearing before a classification committee at intervals of no longer than 30 days.

(e) At a classification hearing, the subject of which is continued placement of a prisoner in administrative segregation, the classification committee or hearing officer has the burden of establishing that the prisoner meets at least one of the criteria set out in (a) of this section. The committee or hearing officer shall prepare a written recommendation for the superintendent's review and action as required in 22 AAC 05.212(c). The recommendation must include the factual findings and evidence relied upon in sufficient detail so as to provide an adequate basis for review. A copy of the superintendent's decision must be furnished the prisoner, and, if the decision is for continued administrative segregation, must include a description of the appeal process available to the prisoner. Forms to facilitate an appeal must be provided upon request.

(f) The prisoner is entitled to at least 48 hours' advance written notice of a classification hearing.

Notes

22 AAC 05.485

Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 1/13/2012, Register 201

Authority:AS 33.30.011

AS 33.30.021

AS 44.28.030