- Alaska Statutes.
- Title 33. Probation, Prisons, and Prisoners
- Chapter 30. Prison Facilities and Prisoners
- Section 295. Review of Prisoner Disciplinary Decisions.
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. - 33.30.900l Crime Against Convict in Penitentiary. [Repealed, Sec. 12 Ch 88 SLA 1986].
AS 33.30.295. Review of Prisoner Disciplinary Decisions.
- (a) A prisoner may obtain judicial review by the superior court of a final disciplinary decision by the department only if
the prisoner alleges specific facts establishing a violation of the prisoner's fundamental constitutional rights that
prejudiced the prisoner's right to a fair adjudication. An appeal shall be commenced by the prisoner filing a notice of
appeal and other required documents in accordance with AS 09.19
and the applicable rules of court governing administrative appeals that do not conflict with AS 09.19. Unless the appeal is not accepted for filing under AS 09.19.010
or is dismissed under AS 09.19.020
, a record of the proceedings shall be prepared by the department, consisting of the original papers and exhibits
submitted in the disciplinary process and a cassette tape of the disciplinary hearing. The record shall be prepared and
transmitted in accordance with the applicable rules of court governing administrative appeals.
- (b) A disciplinary decision may not be reversed
- (1) unless the court finds that the prisoner's fundamental constitutional rights were violated in the course of the
disciplinary process, and that the violation prejudiced the prisoner's right to a fair adjudication;
- (2) because the department failed to follow hearing requirements set out in state statutes and regulations, unless the
prisoner was prejudiced by the denial of a right guaranteed by the Alaska Constitution or United States Constitution;
if such prejudice is found, the court shall enter judgment as provided in (c) of this section and remand the case to
the department; or
- (3) because of insufficient evidence if the record described in (a) of this section shows that the disciplinary decision
was based on some evidence that could support the decision reached.
- (c) The court shall enter judgment setting aside or affirming the disciplinary decision without limiting or controlling
the discretion vested in the department to allocate resources within the department and to control security and
administration within the prison system.
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