Perf-Based Stds, Adult Corr. Inst. 5th ed March 2021

Performance Standard 3C: Rules and Discipline

5-ACI-3C-12 (Ref. 4-4237)

Written policy, procedure, and practice 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 designee. Comment : When inmates feel that a hearing is unnecessary, they should have the opportunity to waive this right. The disciplinary committee should follow stated guidelines for determination of sanctions.

Protocols : Written policy and procedure. Waiver form.

Process Indicators : Disciplinary records. Inmate records.

Disciplinary Hearing

Scheduling

5-ACI-3C-13 (Ref. 4-4238)

Written policy, procedure, and practice provide that inmates charged with rule violations are scheduled for a hearing as soon as practicable but no later than seven days, excluding weekends and holidays, after being charged with a violation. Inmates are notified of the time and place of the hearing at least 24 hours in advance of the hearing. Comment : To ensure fairness and the integrity of the disciplinary process, inmates charged with rule violations should receive hearings as soon as possible unless the hearing is prevented by exceptional circumstances, unavoidable delays, or reason- able postponements. Reasons for all delays should be documented.

Protocols : Written policy and procedure.

Process Indicators : Disciplinary records.

5-ACI-3C-14 (Ref. 4-4239)

Written policy, procedure, and practice provide for postponement or continu- ance of the disciplinary hearing for a reasonable period and good cause.

Comment : Hearing postponement or continuance may be granted for such cause as preparation of a defense, illness or unavailability of the inmate, further investi- gation of factual matters relevant to the hearing, or pending criminal court prose- cution. Delaying a hearing is also justifiable on the basis of factual recording of an inmate’s unacceptable behavior during the hearing process or the inmate’s refusal to participate in a reasonable manner.

Protocols : Written policy and procedure.

Process Indicators : Disciplinary records.

Adult Correctional Institutions, Fifth Edition 99