Sec. 12.03.01.24. Determination of Defendant’s Adjustment History — Credits and Segregation

A. When imposing the sanction of revocation of credits and disciplinary segregation, the hearing officer shall determine the appropriate sanction by using the defendant’s adjustment history.

B. If a defendant is found guilty of the inmate rule violation charged, the hearing officer shall:

(1) Review the Adjustment History Sentencing Matrix, established under Regulation .27 of this chapter;

(2) Identify the category of the inmate rule violation of which the defendant was found guilty;

(3) Determine by a database maintained by the Department or the defendant’s case record the defendant’s adjustment history;

(4) Plot the credits that may be revoked or the days of segregation that may be imposed based on the intersection of the category of the inmate rule violation of which the defendant was found guilty and the defendant’s adjustment history; and

(5) Determine if the sanction for revoking credits and the number of days of disciplinary segregation is recommended or mandatory.

C. Plotted Sanction Cell.

(1) The plotted sanction may be stated as either a:

(a) Specific number of credits or days; or

(b) Range with the minimum to maximum number of credits or days that may be imposed.

(2) Except for provisions under §E of this regulation, only sanctions stated in the Adjust History Sentencing Matrix for revoking credits or assigning segregation are to be imposed.

D. Adjustment History. The Adjustment History Sentencing Matrices categorize an inmate’s adjustment history and identify the approved range of imposable discipline based on previous inmate rule violations as follows:

(1) If the current inmate rule violation is the first guilty finding on record in any category of inmate rule violation under any incarceration then the imposed discipline shall be for a “First Offense”;

(2) If the current inmate rule violation is the second guilty finding on record in the instant offense category of inmate rule violation, and occurs within 9 months or less from the guilty finding for a “First Offense” in the same instant category of inmate rule violation, then the imposed discipline shall be for a “Second Offense”;

(3) If the current inmate rule violation is the third or greater guilty finding on record in the instant category of inmate rule violation, and occurs less than 2 years from the guilty finding for a “Second Offense” or subsequent offense in the same instant category of inmate rule violation, then the imposed discipline shall be for a “Third Offense+”; and

(4) Any guilty finding occurring 2 or more years after a guilty finding in the same instant category of inmate rule violation may not be considered when imposing discipline or sanctions.

E. Overriding an Adjustment History Matrices Sanction.

(1) If the hearing officer disagrees with the sanction plotted using the Adjustment History Sentencing Matrix, the hearing officer may override the adjustment history level of the defendant to another level (First, Second or Third Offense).

(2) An override under this regulation may be for the purpose of reducing the severity of the sanction determined by the Adjustment History Sentencing Matrices due to a mitigating factor, whereby the hearing officer may:

(a) Waive the adjustment history level as determined by the Adjustment History Sentencing Matrix; and

(b) Select an alternative adjustment history level from the Adjustment History Sentencing Matrix.

(3) An override to reduce the severity of a sanction may be based on one or more of the following mitigating factors:

(a) No prior guilty finding for the current inmate rule violation;

(b) The period of time since the last conviction on record;

(c) The lesser severity of the current guilty finding;

(d) The defendant’s mental health status at the time the inmate rule violation occurred;

(e) The need for progressive discipline; or

(f) The defendant’s acceptance of responsibility for the current inmate rule violation for which the defendant was found guilty.

(4) The hearing officer may not override an Adjustment History Sentencing Matrices sanction stated in a sanction cell by suspending the sanction and imposing a period of probation.

(5) If employing an override under this regulation, the hearing officer shall identify in the written and audio record of the defendant’s disciplinary proceeding the mitigating factor used to reduce the sanction.

F. A sanction once imposed may not be affected by a later modification of the defendant’s disciplinary adjustment history record.