Current through Register Vol. 51, No. 19, September 20, 2024
A. Preliminary Review. The matters that may be addressed by the hearing officer, facility representative, if designated, or the defendant at the preliminary review may include, but may not be limited to, one or more of the following:
(1) The inmate rule violation or violations charged;
(2) A representation request;
(3) A witness request;
(4) An evidence request;
(5) A postponement request;
(6) A time or procedure requirement;
(7) The form of the Notice of Inmate Rule Violation or Notice of Inmate Disciplinary Hearing;
(8) Any issues with or arising from the manner of service of process of the documents under §A(l)(g) of this regulation;
(9) An attachment or other evidence review;
(10) Determinations regarding security sensitive evidence or confidential witnesses;
(11) A plea agreement;
(12) An informal resolution; and
(13) A plea by the defendant to the inmate rule violation or violations charged.
B. If during or at the conclusion of the preliminary phase of the inmate disciplinary proceeding, a defendant elects not to or fails to raise any matter listed under §A of this regulation, the defendant is concluded to have waived the opportunity to make a motion regarding the matter.
C. During the preliminary review, the hearing officer shall ensure that a description of an attachment or other evidence submitted by staff as to the inmate rule violation charged is reviewed and summarized for the record of the defendant's disciplinary proceeding except that security sensitive evidence may not be read into the record or released to a defendant or other inmate.
D. If the hearing officer determines that the factual content of the Notice of Inmate Rule Violation form, or any attachment, report, or evidence attached to or referred to in the Notice of Inmate Rule Violation form, if found to be credible and reliable, would constitute an inmate rule violation not charged by staff, the hearing officer:
(1) May notify the participants in the preliminary review that the additional inmate rule violation may be charged;
(2) May inquire if the facility representative, if designated, or other facility staff intends to add the applicable inmate rule violation, and, if added, ensure that the record of the disciplinary proceeding reflects the additional inmate rule violation charged; and
(3) Shall, if raised by a participant in the preliminary review, permit the request for a postponement of the disciplinary proceeding for a reasonable time so the party to the preliminary review making the request may further prepare the case in regard to the additional inmate rule violation charged.
E. At the conclusion of the preliminary review, the hearing officer shall inquire if the defendant and facility representative, if designated, or facility staff is prepared to proceed with an evidentiary portion of the disciplinary proceeding.
(1) If the defendant or the facility representative, if designated, or facility staff is not prepared to proceed, the hearing officer shall provide the defendant or the facility representative, if designated, or facility staff an opportunity to address the issue.
(2) The hearing officer may, without the request of any other hearing participant, postpone a disciplinary proceeding.
(3) The hearing officer shall determine the merits of the moving participant's request for a postponement.
(4) When the hearing officer does not find that a postponement of the disciplinary proceeding is warranted, the hearing officer shall proceed with the disciplinary proceeding.
(5) If a defendant's disciplinary proceeding is postponed, staff shall reschedule the defendant's disciplinary proceeding as soon as circumstances permit.
(6) The postponement of the defendant's disciplinary proceeding shall be considered good cause for the delay and may not be considered cause for dismissal of an inmate rule violation charged.
(7) Failure to request a postponement shall be deemed a waiver of the right to request and be granted a postponement.
(8) When a previously postponed case is resumed, the hearing officer shall determine whether to continue the defendant's previous disciplinary proceeding or whether circumstances require a de novo or new preliminary or evidentiary proceeding.
