Rule 5120:1-8-12 | Inmate disciplinary process.
(A) Each full service jail shall maintain the following minimum standards regarding the inmate disciplinary process.Written inmate rules shall specify prohibited acts or conduct, degrees of violations, ranges of penalties and disciplinary hearing procedures.
(1) (Important) Written inmate rules will specify prohibited acts or conduct, degrees of violations, ranges of penalties, and disciplinary hearing procedures.
(2) (Important) There will be a sanctioning schedule for rule violations. The jail administrator or designee will review and approve the sanctioning schedule.
(3) (Important) Inmate rules will specify the fundamental rights that cannot be suspended except in an emergency or other condition beyond the control of the jail administrator.
(4) (Important) Jail disciplinary measures will not include corporal punishment, discipline administered by inmates, or withholding food.
(5) (Important) Pre-disciplinary hearing requirements will include, at minimum, a written incident report, an inmate's opportunity to waive in writing the disciplinary hearing, an investigation that commences within twenty-four hours of the incident to determine whether sufficient evidence exists to support the charge, and written notification to the inmate of the nature and date of the violation within twenty-four hours of the alleged violation(s) or discovery of the alleged violation(s). These requirements will be supported by written procedures and policies.
(6) (Important) The inmate will have a minimum period of twenty-four hours after receiving written notification of the rule violation(s) to prepare for the disciplinary hearing. The inmate may waive the twenty-four hour period. The inmate is given a hearing within forty-eight hours excluding holidays, weekends, and emergencies after receiving the written notification if placed in isolation or within three business days if the inmate is not placed in isolation. Postponement of the hearing may be granted. These requirements will be supported by written policies and procedures.
(7) (Important) Disciplinary hearing requirements will include an impartial hearing officer appointed by the jail administrator or designee. This requirement will be supported by written policies and procedures.
(8) (Important) The disciplinary hearing process will include the inmate's opportunity to be heard, present evidence and question witnesses subject to limitations imposed by the hearing officer with the hearing officer stating the reasons for any limitations in writing and selection of a staff person by the jail administrator or designee to assist an inmate when the inmate is unable to effectively communicate. These requirements will be supported by written policy and procedure.
(9) (Important) The hearing officer will set forth in writing the facts relied upon to reach a finding and the reasons for the imposition of any penalties. The maximum sanction for rule violations will be no more than sixty days for violations arising out of one incident. Continuous confinement for more than thirty days necessitates the review and approval of the jail administrator or designee. These requirements will be supported by written policy and procedure.
(10) (Important) Jail inmates will be afforded an opportunity to appeal disciplinary actions to the jail administrator or designee.
Last updated December 3, 2025 at 11:39 AM
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