Alaska Statutes
Alaska Stat. § 33.30.081 (2026)
Transportation of prisoners
✓ current as of July 2026
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Sec. 33.30.081. Transportation of prisoners.
(a) The commissioner of public safety is responsible for transporting a prisoner to and from the court having jurisdiction over the prisoner and for delivering a prisoner to a correctional facility upon temporary or final commitment by a court or upon transfer of a prisoner from one correctional facility to another either inside or outside the state.
(b) The commissioner of corrections shall make available return transportation to the place of arrest for a prisoner who is released from custody in a state correctional facility.
(c) The commissioner of public safety shall make available return transportation to the place of arrest for a prisoner who is released from custody before admission to a state correctional facility.
(d) The commissioner of corrections shall adopt regulations governing the furnishing of transportation, discharge payments, and clothing to prisoners upon release from a state correctional facility at any stage of a criminal proceeding.
(e) Except as provided in (f) of this section or as necessary in a criminal action pending against the prisoner, a court may not order the transportation of a prisoner.
(f) A court may order a prisoner who is a party or witness to a civil action or a witness to a criminal action to appear at a place other than within a correctional facility only if the court determines, after providing a reasonable opportunity for the commissioner to comment, that the prisoner's personal appearance is essential to the just disposition of the action. In making its determination, the court shall consider available alternatives to the prisoner's personal appearance including deposition and telephone testimony.
(g) Except as provided in (h) of this section, the expenses associated with the transportation of a prisoner ordered under (f) of this section, including the costs of travel for the prisoner and escorting officers, and the salary and per diem costs of the escorting officers, shall be borne by the party who has requested the prisoner's appearance, and shall be paid to the commissioner of public safety before the prisoner is transported.
(h) A prisoner who is a party to a civil action is not required to bear the full costs of a prisoner's own transportation under (g) of this section if the court determines that the prisoner is indigent. In these cases, the court may require the prisoner to bear a portion of the costs, and the commissioner of public safety shall bear the remaining costs of transporting the prisoner. If an indigent prisoner recovers a money judgment, the court may require the prisoner to bear all or part of the expenses required under (g) of this section.
(a) The commissioner of public safety is responsible for transporting a prisoner to and from the court having jurisdiction over the prisoner and for delivering a prisoner to a correctional facility upon temporary or final commitment by a court or upon transfer of a prisoner from one correctional facility to another either inside or outside the state.
(b) The commissioner of corrections shall make available return transportation to the place of arrest for a prisoner who is released from custody in a state correctional facility.
(c) The commissioner of public safety shall make available return transportation to the place of arrest for a prisoner who is released from custody before admission to a state correctional facility.
(d) The commissioner of corrections shall adopt regulations governing the furnishing of transportation, discharge payments, and clothing to prisoners upon release from a state correctional facility at any stage of a criminal proceeding.
(e) Except as provided in (f) of this section or as necessary in a criminal action pending against the prisoner, a court may not order the transportation of a prisoner.
(f) A court may order a prisoner who is a party or witness to a civil action or a witness to a criminal action to appear at a place other than within a correctional facility only if the court determines, after providing a reasonable opportunity for the commissioner to comment, that the prisoner's personal appearance is essential to the just disposition of the action. In making its determination, the court shall consider available alternatives to the prisoner's personal appearance including deposition and telephone testimony.
(g) Except as provided in (h) of this section, the expenses associated with the transportation of a prisoner ordered under (f) of this section, including the costs of travel for the prisoner and escorting officers, and the salary and per diem costs of the escorting officers, shall be borne by the party who has requested the prisoner's appearance, and shall be paid to the commissioner of public safety before the prisoner is transported.
(h) A prisoner who is a party to a civil action is not required to bear the full costs of a prisoner's own transportation under (g) of this section if the court determines that the prisoner is indigent. In these cases, the court may require the prisoner to bear a portion of the costs, and the commissioner of public safety shall bear the remaining costs of transporting the prisoner. If an indigent prisoner recovers a money judgment, the court may require the prisoner to bear all or part of the expenses required under (g) of this section.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2003–2025 · leading case: Alex H. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 389 P.3d 35 (Alaska 2017).
Alex H. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 389 P.3d 35 (Alaska 2017). “AS 33.30.081 (f)-(h). 39 . Cf. Richard B.”
Wilson v. State, Dep't of Corr., 127 P.3d 826 (Alaska 2006). “Wilson filed a post-release administrative appeal in the superior court seeking a declaratory judgment concerning the meaning of AS 33.30.081 and 22 AAC 05.585 and asking that DOC be required to pay damages equal to the cost of a chartered flight to Columbia Cove and appellate…”
Seth D. v. State, Dep't of Health & Soc. Servs., Off. of Child. Servs., 175 P.3d 1222 (Alaska 2008). “And because he testified in person and was given an adequate opportunity to participate and confer telephonically with his lawyer during the first four days of trial, any possible error in applying AS 33.30.081 was harmless. We also conclude that the superior court did not…”
Richard B. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 71 P.3d 811 (Alaska 2003). “After hearing argument on the motion at the pretrial conference, the trial court issued an order denying Richard’s motion for transport, citing AS 33.30.081(f) 3 and AS 33.30.061(a) 4 and stating that “[t]he court has historically held termination trials with some of the parties…”
State, Dept. of Pub. Saf. v. Superior Court, 411 P.3d 648 (Alaska Ct. App. 2018). “" 3 Subsection (e) of AS 33.30.081 states that the courts have a limited authority to order the transportation of prisoners.”
Carr v. Carr, 152 P.3d 450 (Alaska 2007). “3d 885, 888 (Alaska 2001) ("[Slelf-serving testimony at trial is entitled to little weight because the parties' actions during the marriage are better indicators of the parties' intent during the marriage.”
Jones v. State, 284 P.3d 853 (Alaska Ct. App. 2012). “Again, the question presented on appeal was whether the superior court abused its discretion under AS 33.30.081 when it refused to order the Department of Corrections to transport a prisoner to the site of a parental rights termination trial, so that the prisoner could give live…”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “See AS 33.30.081(b)-(c) (“The commissioner of corrections shall make available return transportation to the place of arrest for a prisoner who is released from custody in a state correctional facility.”
M. J. (Father) v. State of Alaska, DFCS, OCS (Alaska 2025). “The court observed that AS 33.30.081 authorized it to order Public Safety to transport a prisoner if the prisoner’s physical presence was “essential to the just disposition” of the matter at issue.”
Amira N. v. State of Alaska, DHSS, OCS (Alaska 2022). “11 AS 33.30.081(f) (permitting court to order an incarcerated person’s transportation to a civil hearing after court has considered alternative methods of (continued.”
— Alaska Stat. § 33.30.081(1) — 1 case
Seth D. v. State, Dep't of Health & Soc. Servs., Off. of Child. Servs., 175 P.3d 1222 (Alaska 2008). “And because he testified in person and was given an adequate opportunity to participate and confer telephonically with his lawyer during the first four days of trial, any possible error in applying AS 33.30.081 was harmless. We also conclude that the superior court did not…”
— Alaska Stat. § 33.30.081(8) — 1 case
Carr v. Carr, 152 P.3d 450 (Alaska 2007). “3d 885, 888 (Alaska 2001) ("[Slelf-serving testimony at trial is entitled to little weight because the parties' actions during the marriage are better indicators of the parties' intent during the marriage.”
— Alaska Stat. § 33.30.081(a) — 1 case
State, Dept. of Pub. Saf. v. Superior Court, 411 P.3d 648 (Alaska Ct. App. 2018). “" 3 Subsection (e) of AS 33.30.081 states that the courts have a limited authority to order the transportation of prisoners.”
— Alaska Stat. § 33.30.081(b) — 3 cases
Wilson v. State, Dep't of Corr., 127 P.3d 826 (Alaska 2006). “Wilson filed a post-release administrative appeal in the superior court seeking a declaratory judgment concerning the meaning of AS 33.30.081 and 22 AAC 05.585 and asking that DOC be required to pay damages equal to the cost of a chartered flight to Columbia Cove and appellate…”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “See AS 33.30.081(b)-(c) (“The commissioner of corrections shall make available return transportation to the place of arrest for a prisoner who is released from custody in a state correctional facility.”
Jones v. State, 284 P.3d 853 (Alaska Ct. App. 2012). “Again, the question presented on appeal was whether the superior court abused its discretion under AS 33.30.081 when it refused to order the Department of Corrections to transport a prisoner to the site of a parental rights termination trial, so that the prisoner could give live…”
— Alaska Stat. § 33.30.081(e) — 1 case
State, Dept. of Pub. Saf. v. Superior Court, 411 P.3d 648 (Alaska Ct. App. 2018). “" 3 Subsection (e) of AS 33.30.081 states that the courts have a limited authority to order the transportation of prisoners.”
— Alaska Stat. § 33.30.081(f) — 9 cases
Alex H. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 389 P.3d 35 (Alaska 2017). “AS 33.30.081 (f)-(h). 39 . Cf. Richard B.”
Richard B. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 71 P.3d 811 (Alaska 2003). “After hearing argument on the motion at the pretrial conference, the trial court issued an order denying Richard’s motion for transport, citing AS 33.30.081(f) 3 and AS 33.30.061(a) 4 and stating that “[t]he court has historically held termination trials with some of the parties…”
Wilson v. State, Dep't of Corr., 127 P.3d 826 (Alaska 2006). “Wilson filed a post-release administrative appeal in the superior court seeking a declaratory judgment concerning the meaning of AS 33.30.081 and 22 AAC 05.585 and asking that DOC be required to pay damages equal to the cost of a chartered flight to Columbia Cove and appellate…”
Seth D. v. State, Dep't of Health & Soc. Servs., Off. of Child. Servs., 175 P.3d 1222 (Alaska 2008). “And because he testified in person and was given an adequate opportunity to participate and confer telephonically with his lawyer during the first four days of trial, any possible error in applying AS 33.30.081 was harmless. We also conclude that the superior court did not…”
State, Dept. of Pub. Saf. v. Superior Court, 411 P.3d 648 (Alaska Ct. App. 2018). “" 3 Subsection (e) of AS 33.30.081 states that the courts have a limited authority to order the transportation of prisoners.”
— Alaska Stat. § 33.30.081(g) — 3 cases
Wilson v. State, Dep't of Corr., 127 P.3d 826 (Alaska 2006). “Wilson filed a post-release administrative appeal in the superior court seeking a declaratory judgment concerning the meaning of AS 33.30.081 and 22 AAC 05.585 and asking that DOC be required to pay damages equal to the cost of a chartered flight to Columbia Cove and appellate…”
State, Dept. of Pub. Saf. v. Superior Court, 411 P.3d 648 (Alaska Ct. App. 2018). “" 3 Subsection (e) of AS 33.30.081 states that the courts have a limited authority to order the transportation of prisoners.”
Jones v. State, 284 P.3d 853 (Alaska Ct. App. 2012). “Again, the question presented on appeal was whether the superior court abused its discretion under AS 33.30.081 when it refused to order the Department of Corrections to transport a prisoner to the site of a parental rights termination trial, so that the prisoner could give live…”
— Alaska Stat. § 33.30.081(h) — 2 cases
Wilson v. State, Dep't of Corr., 127 P.3d 826 (Alaska 2006). “Wilson filed a post-release administrative appeal in the superior court seeking a declaratory judgment concerning the meaning of AS 33.30.081 and 22 AAC 05.585 and asking that DOC be required to pay damages equal to the cost of a chartered flight to Columbia Cove and appellate…”
State, Dept. of Pub. Saf. v. Superior Court, 411 P.3d 648 (Alaska Ct. App. 2018). “" 3 Subsection (e) of AS 33.30.081 states that the courts have a limited authority to order the transportation of prisoners.”
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