Sec. 12.03.01.13. Disciplinary Proceeding Procedures — Inmate Waiver of Appearance

A. If a defendant elects not to appear before the hearing officer or to participate in the disciplinary proceeding, the defendant is considered to waive:

(1) The defendant’s preliminary review;

(2) The opportunity to claim a denial of a due process right or claim a violation of a time or procedure requirement applicable to this chapter pursuant to statute, law, or policy;

(3) The ability to attend and participate in all stages of the disciplinary proceeding under the inmate disciplinary process;

(4) The opportunity to make a case presentation and present evidence;

(5) The opportunity to make a presentation regarding appropriate sanctions, if applicable;

(6) The post-disciplinary procedures under this chapter; and

(7) Any and all rights, claims, or procedures normally available to the defendant under the authority of a statute, law, policy, or procedure applicable to the inmate disciplinary process.

B. The hearing officer may determine that the defendant waived an appearance before the hearing officer and participation in the disciplinary proceeding if the defendant:

(1) Submits a Waiver of Appearance form or written statement informing the hearing officer of the defendant’s decision not to appear or participate;

(2) Poses a threat to the security of the facility or the safety of an inmate, staff, or an individual;

(3) Delays appearance before the hearing officer or willfully delays reporting to the location of the defendant’s disciplinary proceeding;

(4) Refuses to obey instructions or resists or interferes with the duties of staff prior to an appearance before the hearing officer or after reporting to the location of the defendant’s disciplinary proceeding;

(5) Violates security procedures for the escort of the defendant to or at the location of the defendant’s disciplinary proceeding;

(6) Elects to depart voluntarily from the location of the defendant’s disciplinary proceeding prior to the conclusion of the disciplinary proceeding;

(7) Becomes disruptive prior to the appearance before the hearing officer or after arriving at the location of the defendant’s disciplinary proceeding;

(8) Exhibits conduct that poses a threat to the security of the facility or location of the defendant’s disciplinary proceeding; or the safety of an inmate, staff, or an individual; or

(9) Requires removal from the location of the defendant’s disciplinary proceeding at the direction of the hearing officer or staff.

C. If a defendant elects not to appear before the hearing officer, elects not to participate in the defendant’s disciplinary proceeding, or is removed or not permitted to participate in the defendant’s disciplinary proceeding, the hearing officer shall:

(1) Continue with the defendant’s disciplinary proceeding in the absence of the defendant; and

(2) Render a disposition for each inmate rule violation charged.

D. When determining that the defendant’s right to participate in the defendant’s disciplinary proceeding is voluntarily or involuntarily waived by the defendant, the hearing officer may accept:

(1) A Waiver of Appearance form or a written statement signed by:

(a) The defendant or staff having direct knowledge of the defendant’s decision not to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(b) Staff having direct knowledge of the defendant’s conduct that supports a determination that the defendant has involuntarily waived the defendant’s right to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(2) Sworn testimony from staff having direct knowledge of the defendant’s:

(a) Decision not to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(b) Conduct that supports a determination that the defendant has involuntarily waived the defendant’s right to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(3) Statements made by the defendant in the hearing officer’s presence or observations of the defendant’s conduct made by the hearing officer.