22 AAC 05.435. Prisoner's opportunity to confront accusers in a disciplinary hearing

(a) If the accused prisoner or advocate requests the disciplinary tribunal to call as a witness the member of the facility staff who wrote the disciplinary report, the staff member shall appear as a witness. If the staff member is temporarily unavailable, the hearing officer or chairperson, as applicable, shall postpone the proceedings until the staff member is available to appear. If any other staff member who is called as a witness is temporarily unavailable, the hearing officer or chairperson, as applicable, may postpone the hearing until the staff member is available to appear.

(b) If the charge is based in whole, or in part, upon information supplied by another prisoner, an unidentified informant, or other witness, the hearing officer or chairperson of the disciplinary committee, as applicable, shall allow the accused prisoner to be present while the witness testifies, unless it would create a risk of reprisal or undermine security. The hearing officer or chairperson, as applicable, may exclude the accused prisoner from the hearing in accordance with 22 AAC 05.440(d) , while the witness testifies, but the hearing officer's or chairperson's, as applicable, reasons for denying confrontation must be noted orally for the record. If the accused is found to have committed an infraction, the chairperson shall file a report listing the persons the accused was not allowed to confront, the reasons for the action, the extent to which that testimony was relied upon, and facts upon which the disciplinary tribunal could have reasonably concluded that the person was credible and spoke with personal knowledge, or gave reliable information.

History: Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

Authority: AS 33.20.050

AS 33.30.011

AS 33.30.021

AS 44.28.030

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