(a) A disciplinary
tribunal hearing occurs in two phases, known as the adjudicative phase and the
dispositive phase. The adjudicative phase must occur first and must be directed
toward determining whether the prisoner committed the alleged infraction. If
the prisoner is found to have committed the infraction, the dispositive phase
must follow and must be directed toward determining what sanction is to be
imposed. If the accused prisoner refuses to appear or participate in the
hearing, adjudication and disposition may be made in the prisoner's
absence.
(b) The adjudicative phase
of the hearing must proceed as follows:
(1)
The hearing officer or committee chairperson, as applicable, shall call the
meeting to order and, unless the alleged violation is a minor infraction under
22 AAC 05.400(e),
ensure that the proceedings are tape-recorded.
(2) The hearing officer or chairperson, as
applicable, shall read the disciplinary report to the prisoner.
(3) The hearing officer or chairperson, as
applicable, shall request the prisoner to admit or deny each of the infractions
alleged.
(4) If an admission is
entered, the dispositive phase under (c) of this section may begin.
(5) If a denial is entered, the following
procedure applies:
(A) if the prisoner or the
disciplinary tribunal has requested the appearance of the staff member who
wrote the disciplinary report, the staff member must be called into the room
and questioned under
22 AAC 05.435 and
22 AAC 05.445;
(B) if the disciplinary report has noted the
existence of witnesses or other evidence relevant to the alleged infraction,
the hearing officer or chairperson, as applicable, may call the witnesses or
otherwise introduce the evidence;
(C) the accused prisoner or advocate may
present the prisoner's version of events, call witnesses, and introduce
evidence under
22 AAC 05.430,
22 AAC 05.435, and
22 AAC 05.445;
(D) when the accused prisoner is finished
presenting evidence, the prisoner must be excused from the room and the
disciplinary tribunal shall, by a preponderance of the evidence, find whether
the prisoner has committed the infraction; the tape recorder need not be
operating during the deliberations of the disciplinary tribunal; and
(E) the prisoner must be called back into the
room and informed, on the record, of the disciplinary tribunal's
decision.
(c)
The dispositive phase of the hearing must proceed as follows:
(1) If the prisoner admits the alleged
infraction or is found by the disciplinary tribunal to have committed it, the
disciplinary tribunal shall consider what sanction to impose.
(2) The prisoner or advocate may present any
evidence or information believed to mitigate punishment. The disciplinary
tribunal must consider such evidence or information in imposing a
penalty.
(3) The prisoner may be
excused from the room while the disciplinary tribunal determines what penalty
to impose. The tape recorder need not be operating during the deliberations of
the disciplinary tribunal. The prisoner must be called back into the room and
informed on the record of the disciplinary tribunal's decision. The prisoner
must be informed verbally, on the record, of the opportunity to appeal and the
obligation to give notice of intention to appeal under
22 AAC 05.480, and must be
provided a form, upon request, to facilitate an appeal.
