State of Alaska, Department of Corrections v. Trevor Stefano

Summary

The court held that an inmate serving a sentence on electronic monitoring has a constitutionally protected liberty interest in remaining outside prison, although removal from electronic monitoring does not implicate a separate constitutional right to rehabilitation. The superior court nevertheless lacked appellate jurisdiction because DOC’s removal decision was not made through an adjudicative process producing an adequate record for appellate review. The court vacated the portion of the superior court’s decision concerning removal and remanded for Stefano to convert his appeal into an original civil action.