Sec. 12.14.05.07. Standards—Hearings  


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  • The managing official shall have a written policy and procedure:

    A. Governing a formal disciplinary hearing by an impartial individual or a committee of individuals not directly involved in the incident, which includes provisions for:

    (1) Inmate receipt of a written description of the incident and a specification of the rule violation or violations within 96 hours of the alleged infraction;

    (2) Inmate appearance at the disciplinary hearing:

    (a) Within 9 days, excluding holidays and weekends, of the alleged infraction; and

    (b) Not less than 24 hours after notification of charges, unless waived by the inmate;

    (3) The inmate to be given an opportunity to request and question witnesses, to have staff representatives, to make statements on the inmate's behalf, and to present documentary evidence;

    (4) A record of hearing decisions and rationale;

    (5) Review by the managing official or designee of hearing decisions adverse to the inmate;

    (6) An appeal process; and

    (7) A report of all hearing decisions to the managing official or designee; and

    B. Ensuring that an individual having direct contact with inmates is informed of the facility rules, regulations, and disciplinary procedures.