Sec. 12.03.01.25. Adjustment History Sentencing Matrix — Revocation of Credits

A. Earned credits may only be revoked as a sanction imposed for an inmate rule violation of which the defendant was found guilty.

B. If sanctioning authorized under this regulation permits revoking diminution credits and the inmate rule violation occurred while the defendant was confined in a Department correctional facility in pre-sentence status, the hearing officer may:

(1) Revoke diminution credits awarded for good conduct during the month that the inmate rule violation occurred;

(2) Revoke diminution credits awarded for good conduct in addition to the credits awarded during the month that the inmate rule violation occurred, if the hearing officer determines that an aggravating factor warrants the revocation of additional credits; and

(3) Not revoke diminution credits earned for participation in special projects or work assignments.

C. The hearing officer, in accordance with §B of this regulation, shall revoke earned credits as a sanction in accordance with the Adjustment History Sentencing Matrix, as established under Regulation .27 of this chapter for all Category IA, IB, and II inmate rule violations.

D. The hearing officer, in accordance with §B of this regulation, may

(1) Revoke earned credits as a sanction in accordance with the Adjustment History Sentencing Matrix, established under Regulation .27 of this chapter for Category III, IV, or V violations;

(2) Impose an alternative sanction established under Regulation .28 of this chapter; or

(3) Impose as a sanction a combination of revoking credits and alternative sanctions.

E. If a defendant is found guilty of multiple inmate rule violation charges involving more than one category of inmate rule violations that occurred during a single reported event, the hearing officer shall, if the inmate rule violations charged result in guilty findings:

(1) Include a Category II Inmate Rule Violation, revoke all available earned credits; or

(2) Do not include a Category II Inmate Rule Violation, only revoke the number of earned credits based on the one inmate rule violation resulting in a guilty finding that is from the most severe category of the inmate rule violations.

F. Except for provisions under §B of this regulation, if a defendant’s good conduct credit balance is insufficient to cover the number of earned credits revoked imposed as the sanction, the deduction for the negative balance of earned credits due shall be applied by staff, in whole or in part, against the balance of the defendant’s special project credits on record.

G. Revocation of earned credits may be imposed independently of or in conjunction with:

(1) Disciplinary segregation; or

(2) Alternative disciplinary sanctions.