Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-1-16 - Inmate Rules and Discipline16.1. Rules of conduct. There shall be written rules of inmate conduct which specify acts prohibited within the jail facility and penalties which may be imposed. These rules shall be provided to all inmates and procedures shall exist for ensuring that all inmates understand the rules.16.2. Annual Review. The written rules of inmate conduct shall be reviewed annually and updated as necessary to ensure that they are consistent with constitutional and legal principles.16.3. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct, the sanctions available, and the rationale for the rules.16.4. Minor infractions. There shall be written guidelines for informally resolving minor infractions of the inmate rules.16.5. Disciplinary reports. When rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to their supervisor.16.6. Minimum contents. Disciplinary reports prepared by staff members shall include the following minimum information: a. Specific rule alleged to have been violated;b. A formal statement of the charge;c. An explanation of the event, including who was involved, what transpired, and the time and location of the event;d. Any unusual inmate behavior;f. The disposition of any physical evidence;g. Any immediate action taken, including the use of force;h. The reporting staff member's signature; and,i. The date and time the report is made.16.7. Investigation. When an alleged rule violation is reported, an investigation shall begin within forty-eight (48) hours of the time the violation is reported.16.8. Pre-hearing segregation. Pre-hearing segregation of inmates who are charged with a rule violation shall be used only when necessary to ensure the safety of the inmate or the security of the jail facility.16.9. Sanctions. There shall be a schedule of sanctions for rule violations. The maximum sanction for rule violation shall be disciplinary confinement for fifteen (15) days for any one violation and no more than (30) thirty days for all violations arising from one incident. If more than one incident occurs, continuous disciplinary confinement for more than thirty (30) days shall require the review and approval of the jail facility administrator. 16.10. Prosecution. Written policies and procedures shall provide for referral of alleged criminal violations by inmates to appropriate law enforcement officials for prosecution.16.11. Written copy of allegation. An inmate charged with a violation of jail facility rules shall be given a written copy of the alleged violation within twenty-four (24) hours of the determination of the charges.16.12. Hearing. An inmate charged with a rule violation shall receive a hearing within seventy-two (72) hours of the charge, excluding weekends and holidays. The hearing may be postponed or continued by a written waiver by the inmate or for good cause.16.13. Written notice of hearing. Written notice of the hearing shall be provided to the inmate at least twenty-four (24) hours prior to the hearing. The inmate may give written consent to a hearing within less than twenty-four (24) hours.16.14. Inmate absence. Inmates charged with rule violation shall be present at the hearing unless they waive that right in writing or through behavior. Inmates may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented.16.15. Hearing panel. Disciplinary hearings of rule violations shall be conducted by an impartial person or panel of persons.16.16. Inmate representation. Staff assistance to represent inmates at disciplinary hearings shall be provided upon request by the inmate.16.17. Rules of evidence. The inmate shall be given an opportunity to make a statement, present documentary evidence, and to have present any person who has relevant and not unduly cumulative information, except when doing so may jeopardize the life or safety of persons or the security or order of the jail facility; reasons for denial shall be stated in writing. The formal rules of evidence shall not apply to inmate disciplinary proceedings.16.18. Written record of decision. A written record shall be made of the disciplinary hearing decision and a copy shall be given to the inmate.16.19. Review. A review of all disciplinary hearings and dispositions shall be made by the jail facility administrator or his or her designee.16.20. Appeal. Inmates shall have the right to appeal decisions of the disciplinary hearing officer to the jail facility administrator or his or her designee. The administrator, or their designee, shall either affirm or reverse the decision of the disciplinary hearing officer within five (5) days of the appeal.16.21. Effect of negative finding. The disciplinary report shall be removed from the files of any inmate found not guilty of an alleged rule violation.