Kan. Admin. Regs. § 123-13-405a

Current through Register Vol. 43, No. 49, December 5, 2024

Section 123-13-405a - Calling witnesses

(a) In determining whether to allow the offender to call a witness from the facilities' populations or from among the facilities' employees, the hearing officer shall balance the offender's interest in avoiding a loss of good time and the assessment of restitution or placement in disciplinary segregation against the needs of the facility at which the proceedings are held. The needs of the facility shall include the following:

(1) The need to keep the hearing within reasonable time limits;

(2) the need to prevent the creation of a risk of retaliation and reprisal;

(3) the need to prevent the undermining of authority;

(4) the need to limit, to a reasonable level, access to other offenders for the purpose of collecting statements or compiling documentary evidence;

(5) the need to prevent disruption;

(6) the need to administer swift punishment;

(7) the need to avoid irrelevant, immaterial, or unnecessary testimony and evidence;

(8) the need to reduce or prevent security hazards that could be presented in individual cases;

(9) the need to use the disciplinary process as a rehabilitative tool to modify offender behavior;

(10) the need to prevent the creation of undue risk to personal or facility safety;

(11) the need to reduce the chances of seriously inflaming tension, frustration, resentment, and antagonism in the relationship between offenders and personnel;

(12) the need to correct the behavior of offenders and develop in them a value system in order to foster their eventual return to the community; and

(13) the need for the prompt, efficient, and effective resolution of the disciplinary case with accurate and complete fact-finding consistent with the level of process required by law for correctional environment disciplinary cases.

(b) The hearing officer shall have broad discretion in permitting or denying each request for witnesses. In exercising this discretion, the hearing officer shall balance the offender's request and wishes against the needs of the facility. The goal of the hearing officer shall be to conduct the fact-finding process in a manner leading to the discovery of the truth.

(c) The hearing officer shall neither abuse the discretion entrusted to that officer nor interfere with the level of process that is reasonably necessary to find the truth.

(d) With the charged offender's consent, the hearing officer may admit the affidavit of a nonparty witness in lieu of an appearance by the witness. If a witness is denied or cannot attend in a timely manner, the hearing officer may also admit the affidavit of this witness.

(e) If a request to call a witness is denied, a written explanation shall be made on the record unless the disclosure on the record would endanger any person. In this case, a written explanation shall be made to the superintendent with a copy, on appeal, to the commissioner for confidential review.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-13-405a

Authorized by and implementing K.S.A. 38-16,130, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.