Current through Register Vol. 43, No. 39, September 26, 2024
(a) In any case
involving one or more alleged class III offenses, or any other offense
designated as eligible for summary judgment procedures, the reporting officer
may offer the offender the option of resolving the matter through the summary
judgment procedure as an alternative to writing a disciplinary report leading
to initiation of the formal disciplinary hearing process.
(b) Each officer shall carry or have
immediate access to summary judgment citation forms.
(c) If an officer observes an offender in the
act of committing one or more class III offenses, or any other offense
designated as eligible for summary judgment procedures, that the officer
believes requires more than an undocumented, on-the-spot verbal reprimand, the
officer may file a formal disciplinary report against the offender or may offer
the offender summary judgment by issuing a summary judgment citation. If
summary judgment is offered, the offer shall not be withdrawn unless there is
subsequently an additional allegation that the offender committed another
disciplinary offense.
(1) The summary
judgment citation shall be written and served on the offender by the reporting
officer within 24 hours of the alleged incident, and shall include the
following:
(A) The date and time of each
alleged offense;
(B) the date and
time the citation is written;
(C)
the name and number of the regulation, internal management policy and
procedure, or facility order for each alleged offense;
(D) a statement of the facts of the alleged
incident, including the names of witnesses;
(E) the date and time that the citation is
served on the offender;
(F) the
summary judgment sanction; and
(G)
a space reserved for the offender to sign, indicating the offender either
accepts or refuses the offer of a summary judgment.
(2) The officer may impose only one of the
following summary judgment sanctions regardless of the number of offenses
cited:
(A) Restriction from privileges for up
to 10 days;
(B) extra work for up
to two hours per day, not to exceed five days; or
(C) restitution of up to $10.00.
(3) The offender may choose
whether to accept the summary judgment or to reject it in favor of the formal
disciplinary hearing process. This decision shall be made within one hour of
the offender's receipt of the citation, or it shall be assumed that the
offender refused the summary judgment. The officer may choose to impose a
different summary judgment sanction after discussion of the incident with the
offender, and this fact shall be documented on the summary judgment citation if
the offender then accepts the summary judgment.
(A) If the offender accepts the summary
judgment offered, this acceptance shall constitute a waiver of the offender's
right to the benefits of the formal disciplinary hearing process and shall be
documented by the offender's execution of a waiver of rights according to
K.A.R. 123-13-101a. Upon the offender's acceptance of the summary judgment, the
sanction shall be immediately imposed, and the shift supervisor shall be
notified.
(B) If the offender
refuses the summary judgment offered, the offender shall be subject to the
applicable hearing process. The summary judgment citation shall be marked and
signed by the officer and the offender to indicate the offender's refusal. If
notarized, the citation may then be used in lieu of the more formal
disciplinary report to initiate the formal disciplinary hearing process. In
that event, all normal applicable time limits shall run from the time the
offender signs the summary judgment citation, indicating refusal of the summary
judgment. The offender's signature of refusal on the summary judgment citation
shall constitute service of the disciplinary report on the offender as required
by K.A.R. 123-13-201. The requirement in K.A.R. 123-13-201 that an attempt be
made to ensure that the officer personally serving the report on the offender
is not the same officer who wrote the report shall not apply if summary
judgment has been offered.
(C) If
an offender refuses the summary judgment offered, the offender shall not be
charged with a more serious offense or combination of offenses than was alleged
in the summary judgment citation.
(D) All evidence shall be confiscated or
seized in connection with the issuance of a summary judgment citation and shall
be disposed of in accordance with K.A.R. 123-5-111.
(4) Each summary judgment citation accepted
by the offender shall be documented in the offender's file.
This regulation shall be effective on and after April 8, 2005.
