Sec. 12.02.06.06. Restoration of Revoked Diminution Credit

A. Except under §C of this regulation, upon the recommendation of case management staff, a warden may restore diminution credit revoked during the current incarceration.

B. Case management staff may recommend restoration of revoked diminution credit for an inmate who:

(1) Has no guilty finding for an inmate rule violation in the preceding 6 months;

(2) Is not serving a period of disciplinary segregation;

(3) Has not been in disciplinary segregation in the preceding 6 months;

(4) With the application of the maximum amount of restored diminution credit, is within 12 months of release; and

(5) Has:

(a) Not received prior consideration for restoration of diminution credit during the current term of confinement; or

(b) Received prior consideration for restoration of diminution credit where, as part of that consideration, a condition was imposed that the inmate was required to meet before a second consideration to restore revoked diminution credit would be given under this regulation.

C. Refusal to Submit to Medical Testing or Provide a DNA Sample.

(1) A warden may restore, with a recommendation from case management staff, diminution credit revoked for an inmate's refusal to:

(a) Submit to a medical test affecting the public health or facility security; or

(b) Provide a DNA sample.

(2) Before a warden restores diminution credit revoked for refusing to submit to medical testing or provide a DNA sample, a warden shall verify that the inmate has submitted to the required medical test or provided the DNA sample.

D. An inmate has no entitlement to approval of restoration of revoked credit.