(A) Each full service jail shall have a written policy that specifies when and the circumstances under which a disciplinary hearing is conducted.
(B) Pre-disciplinary hearing requirements shall include, at minimum:
(1) Requirement for a written incident report;
(2) A prisoner's opportunity to waive in writing the disciplinary hearing;
(3) An investigation that commences within twenty-four hours of the incident to determine whether sufficient evidence exists to support the charge;
(4) Written notification to the prisoner of the nature and date of the violation within twenty-four hours of the alleged violation(s) or discovery of the alleged violation(s);
(5) Selection by the jail administrator or designee of a staff person to assist a prisoner when the prisoner is unable to effectively communicate;
(6) A minimum period of twenty-four hours after receiving written notification of the rule violation(s) to prepare for the disciplinary hearing.
(a) The prisoner may waive the twenty-four hour period.
(b) The prisoner is given a hearing within forty-eighty hours excluding holidays, weekends, and emergencies after receiving the written notification if placed in isolation or within three business days if the prisoner is not placed in isolation.
(c) Postponement of the hearing may be granted.
(C) Disciplinary hearing requirements shall include;
(1) An impartial hearing officer appointed by the jail administrator or designee;
(2) The prisoner's opportunity to be heard, present evidence and question witnesses subject to limitations imposed by the hearing officer. The hearing officer shall state the reasons for any limitations in writing;
(3) A written statement by the hearing officer of the facts relied upon and reasons for the disciplinary action shall be provided to the prisoner and a copy placed in the prisoner's file;
(D) Jail prisoners shall be afforded an opportunity to appeal disciplinary actions to the jail administrator or designee.
119.032 review dates:
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.10
Rule Amplifies: 5120.10
Prior Effective Dates: 7/1/94, 6/2/86, 1/2/81, 9/21/98, 2/21/2003