Sec. 12.12.13.04. Restoration of Revoked Diminution Credit

A. Good conduct credit, as described in Regulation .03B of this chapter, and special projects credit, as described in Regulation .03E of this chapter, may be restored by the Director if it has been revoked. The Director may consider restoring revoked diminution credit upon receiving the recommendation for restoration, and supporting documentation described in §J of this regulation, from the inmate's unit treatment team chairman.

B. A unit treatment team chairman may recommend restoration of revoked diminution credit for an inmate who:

(1) Has been infraction free for the preceding 6 months;

(2) Is not serving a disciplinary segregation sentence; and

(3) Has not been released from disciplinary segregation within the preceding 6 months.

C. A unit treatment team chairman has complete discretion to recommend restoration of revoked diminution credit, and an inmate who meets the criteria in §B of this regulation has no expectation of approval for restoration.

D. The Director shall ensure that the amount of diminution credit restored does not exceed 50 percent of the total amount that has been revoked, if the inmate has been convicted of an infraction within the past 12 months.

E. The Director shall ensure that a decision to restore revoked diminution credit is based upon all aspects of the inmate's behavior and Institution adjustment after revocation.

F. The Director's responsibility under this regulation may not be delegated.

G. The Director shall ensure that by the tenth day of each month, the records supervisor forwards to each unit treatment team chairman a list of inmates from their unit who, if the maximum possible amount of the revoked diminution credit for which the inmate is eligible were restored, would reach mandatory supervision or maximum expiration dates within 90 days. The records supervisor shall ensure that the list includes the inmate's name, Institution number, and total number of diminution credits revoked.

H. The records supervisor shall forward a copy of each list to the Director and the Warden.

I. Eligibility for Restoration.

(1) Within 5 working days of the receipt of the information specified in §G of this regulation, the unit treatment team chairman shall determine an inmate's eligibility for restoration of revoked diminution credits.

(2) If an inmate is ineligible for restoration, the unit treatment team chairman shall document the reason or reasons on the progress sheet in the inmate's base file.

(3) If the inmate is eligible for restoration, the unit treatment team chairman shall prepare the supporting documentation described in §J of this regulation for submission to the Director.

J. A unit treatment team chairman considering an inmate for restoration of revoked diminution credits shall:

(1) Affirmatively establish whether the inmate meets the eligibility requirements of this regulation;

(2) Recommend that restoration of revoked diminution credits be approved or disapproved;

(3) Specify the number of days to be restored in any recommendation for restoration;

(4) Notify the inmate of the recommendation; and

(5) Document the rationale for the recommendation.

K. The Director's decision to disapprove a unit treatment team chairman's recommendation for restoration is final.

L. If the Director approves the restoration of credit, the unit treatment team chairman shall forward a copy of the Director's approval to the records supervisor.

M. The records supervisor shall deduct the restored credit from the mandatory supervision release date on the inmate's diminution of confinement record.