22 Alaska Admin. Code § 05.242 : Department of Corrections — Adult Facilities — Classification — Appeal procedures

(a) A prisoner may appeal a classification decision by submitting an appeal to the institutional probation officer on a form provided by the department.
(b) The department may extend the time period allowed to appeal a classification decision for a prisoner who has requested an extension if the department determines that the prisoner has stated a valid reason for the delay in submitting the appeal.
(c) The institutional probation officer shall review an appeal for the appropriate form and content. The officer shall return a prisoner's appeal to the prisoner that contains profanity or derogatory language, unless the profanity or derogatory language is appropriate content necessary to support a factual argument made by the prisoner.
(d) For purposes of appeal, a prisoner shall have access to the recording of a related disciplinary hearing or the classification review being appealed, except that any portion of the recording that contains the testimony of an informant must be summarized in as much detail as possible while not placing the informant in danger, and the summary made available to the prisoner. A prisoner must request access to the recording in writing. The recording is the property of the department. The department shall retain the recording for at least three years.
(e) Except for a transfer to an institution outside of this state under 22 AAC 05.231, a classification action may be commenced pending an appeal.
(f) The official responding to the appeal may grant an appeal, grant an appeal and modify the classification decision, deny an appeal, or refer the matter back to the institution for another review. If the applicable official does not act on an appeal within the specified time period, the appeal is denied.
(g) A copy of the appeal response shall be provided to the prisoner, the superintendent, the prisoner's institutional probation officer at the holding facility, and, in the case of a transfer appeal, to central classification no later than three working days after the date of the decision. The prisoner shall confirm receipt of an appeal response by signature and date at the bottom of the form. The appeal decision and all relevant appeal documents shall be placed in the prisoner's case record.

22 AAC 05.242

Eff. 1/13/2012, Register 201

Authority:AS 33.30.011

AS 33.30.021

AS 44.28.030