Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-16 - Inmate Rules and Discipline16.1. Rules of Conduct. There shall be written rules of inmate conduct which specify acts prohibited within the correctional facility and penalties that may be imposed for various degrees of violation; the written rules shall be reviewed annually and updated if necessary. The sanctions shall be proportionate to the importance of the rule and the severity of the violation.16.2. Rule Book. There shall be a rule book that contains all chargeable offenses, ranges of penalties and disciplinary procedures posted in a conspicuous and accessible area; a copy shall be given to each inmate and staff member. When a literacy or language problem prevents an inmate from understanding the rule book, a staff member or translator shall assist the inmate in understanding the rules.16.3. Informal Discipline. Written guidelines shall specify misbehavior that may be handled informally.16.4. Disciplinary Reports. 16.4.1. Written Reports. Written procedures shall provide that when rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to a designated supervisor.16.4.2. Disciplinary Report Information. Disciplinary reports prepared by staff members shall include, but are not limited to, the following information: 16.4.2.a. Specific rules violated;16.4.2.b. A formal statement of the charge;16.4.2.c. Any unusual inmate behavior;16.4.2.d. Any staff witnesses;16.4.2.e. Disposition of any physical evidence;16.4.2.f. Any immediate action taken, including the use of force; and,16.4.2.g. The reporting staff member's signature and the date and time report is made.16.5. Pre-hearing Detention. Pre-hearing detention shall take place only under the circumstances set forth in Section 11.2 of this rule, and only for so long as set forth in that section. The approval of the warden or his or her designee must be obtained and include an explanation of the reason why inmate segregation is necessary and the date for a hearing, both of which shall be provided to the inmate immediately upon its preparation.16.6. Investigation. When an alleged rule violation is reported, an appropriate investigation shall begin within 24 hours of the time the violation is reported and shall be completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation.16.7. Commitment of Crime. In instances when an inmate is alleged to have committed a crime covered by criminal law, the correctional facility shall refer the case to the appropriate officials for possible prosecution.16.8. Waiver of Hearing. Procedures shall provide that an inmate may waive the right to a hearing, provided that the waiver is documented and reviewed by the Chief Executive Officer or his or her designee.16.9. Statement of Changes. Procedures shall provide that the inmate be given a written statement of the change(s), including a description of the incident and the specific rule violated, at the same time that the disciplinary report is filed with the disciplinary authority, but no less than 24 hours prior to the disciplinary hearing. The hearing may be held within 24 hours with the inmate's written consent. 16.10. Postponement of Hearing. A disciplinary hearing postponement or continuance may be granted for a reasonable period of time for good cause, such as preparation of a defense, illness or unavailability of the inmate, further investigation of factual matters to the hearing, or pending criminal court prosecution. Delaying a disciplinary hearing is justifiable on the basis of a factual recording of the inmate's unacceptable behavior during the hearings process or his or her refusal to participate in a reasonable manner.16.11. Speedy Hearing. Procedures shall provide that inmates charged with rule violations be scheduled for a hearing as soon as practicable, but no later than five days, excluding weekends and holidays, after reporting of the alleged violation. Inmates shall be notified of the time and place of the hearing at least 24 hours in advance of the hearing except as provided in Section 16.5 of this rule, and cases where the inmate is not available, or a need exists to await a laboratory analysis. The reasons for all delays shall be documented.16.12. Presence at Hearing. Procedures shall provide that inmates charged with rule violations be present at disciplinary hearings, except when their behavior during the hearing justifies exclusion.16.13. Impartial Hearing. Disciplinary hearings of rule violations cases shall be conducted by an impartial person or panel. A record of the proceedings shall be made and maintained for at least two years.16.14. Representative. Procedures shall allow inmates to request the services of an inmate or staff member to represent them at disciplinary hearings and to question relevant witnesses. Representatives shall be appointed when it is apparent that inmates are not capable of effectively collecting and presenting evidence on their own behalf. Having a representative shall not interfere with the inmate's own right to be heard.16.15. Evidence and Witnesses. Procedures shall provide that the inmate be given an opportunity to make a statement, to present documentary evidence, to call witnesses on his or her behalf, and to cross-examine witnesses. Reasons for the denial of these requests shall be stated in writing.16.16. Authority's Decision. Procedures shall specify that the disciplinary authority's decision shall be based solely upon information obtained in the hearing process, including staff reports, the statements of the inmate charged, and evidence derived from witnesses and documents.16.17. Written Record. Procedures shall specify that a written record shall be made of the disciplinary hearing decision and the supporting reasons, and that a copy shall be given to the inmate. The record of the hearing and supporting documents shall be kept in the inmate's file and in the Chief Executive Officer's records. The disciplinary hearing statement shall include the decision, the disposition and the reason for the action including recitation of evidence upon which the determination is made and the rationale for any penalty imposed.16.18. Review of Findings. Procedures shall provide for a review of all disciplinary hearings and disposition by the Chief Executive Officer to assure conformity with policies and regulations.16.19. Not Guilty. Procedures shall provide that the disciplinary report be removed from all files of inmates found not guilty of an alleged rule violation. When an inmate is found guilty of only some of the rule violations he or she was originally charged with in connection with a single incident, and when that incident is described in a single disciplinary report, the inmate's record shall show clearly the violations that were not proven. All disciplinary reports, regardless of disposition, may be kept and used for statistical or research purposes providing all identification is removed.16.20. Appeal. Procedures shall grant inmates the right to appeal disciplinary decisions to the Chief Executive Officer or his or her designee and receive a response within three working days and to appeal to the Commissioner of Corrections and receive a response within seven days of receipt of the decision. The appeal process shall consider three factors: whether there was substantial compliance with correctional facility standards and procedures in handling inmate discipline; whether the decision was based on the greater weight of evidence; and whether, under the circumstances, the sanction imposed was proportionate to the rule violation.16.21. Disciplinary Action. In any disciplinary action taken against any inmate: 16.21.1. The action must be reasonable and proportionate to the violation;16.21.2. The action must be taken in an impartial and nondiscriminatory manner;16.21.3. The action must never be arbitrary or retaliatory;16.21.4. Physical abuse is strictly prohibited; and,16.21.5. Accurate, detailed reports of all disciplinary actions must be maintained.