Page 1485
grounds to believe that the telephone communication will result in a clear and present danger to the security of the facility or a victim or witness to the crime or to the welfare of the resident. In such cases, the superintendent shall prepare a brief memorandum stating the justification for this action, which must then be placed in the resident’s file and a copy sent to the director. Before a resident’s phone call may be monitored, a sign must be placed near the resident’s telephone advising that the conversation is subject to being monitored if there exists reason to believe that the communication will result in a clear and present danger to the security of the facility or a victim or witness to the crime or to the resident’s welfare. (Eff. 7/3/80, Register 74; am 1/14/2000, Register 153) Statutory Authority: Authority: AS 44.30.020 AS 47.14.010 AS 47.14.050
AS 47.06.010 AS 47.14.020 AS 47.14.100 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation that follows 7 AAC 52.260 to substitute references to AS 44.30.020 and AS 47.06.010 for the former reference to AS 47.05.010. 7 AAC 52.265. Publications. (a) A resident may request and is entitled to receive any reading material that may be obtained through the state or local government library system. A resident is not limited to the facility’s collection, but may take advantage of the total resources of the state or local government library system. (b) A resident may purchase, subscribe to, and otherwise receive and read any and all books, newspapers, and periodicals, subject to inspection for contraband. The superintendent may prohibit receipt of a publication only if it could directly aid an escape or incite any form of violence or if it contains sexual matter not constitutionally protected. (c) When a publication is not delivered to a resident, the resident must be given a written notice of that fact. This notice must set out in detail the reason why the written material was rejected. (Eff. 7/3/80, Register 74; am 1/14/2000, Register 153)