Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Plan.
A facility shall have an inmate discipline plan that explains
the administrative sanctions for specific behaviors, omissions, the
administrative process for handling major and minor violations, the right to
internal review, and the review process.
Subp. 2.
Disciplinary
segregation.
A facility administrator or designee shall have and implement
policies and procedures for disciplinary segregation. An inmate on disciplinary
segregation status must be separated from the general population.
Subp. 3.
Due process.
Disciplinary segregation shall be used only in accordance
with due process to include at a minimum:
A. published rules of conduct and penalties
for violation of rules;
B. written
notice of alleged violation of a rule;
C. the right to be heard by an impartial
hearing officer and to present evidence in defense:
(1) the inmate may waive the hearing in
writing; and
(2) a written record
is made of the disciplinary hearing and sanctions or other actions taken as a
result of the hearing;
D. the right to appeal;
E. the status of an inmate placed on
disciplinary segregation for more than 30 continuous days subsequent to a
disciplinary hearing shall be reviewed, approved, and documented by the
facility administrator or designee at least once every 30 days, and the
facility shall develop written policy, procedure, and practice that provides
that inmates in disciplinary segregation receive visits from the facility
administrator or designee at least once every seven days as a part of the
disciplinary segregation review process;
F. an inmate placed in segregation for an
alleged rule violation shall have a disciplinary hearing within 72 hours of
segregation, exclusive of holidays and weekends, unless documented cause can be
shown for delays. Examples of causes for delay are inmate requests for delay,
or logistical impossibility, as in the case of mass disturbances; and
G. the facility administrator or designee can
order immediate segregation when it is necessary to protect the inmate or
others. This action is reviewed and documented within three working
days.
Subp. 4.
Other limitations on disciplinary actions.
A facility shall have written policy, procedure, and practice
that provides that whenever an inmate in segregation is deprived of any usually
authorized item or activity, a report of the action is made and forwarded to
the facility administrator.
Subp.
5.
Delegation.
Delegation of authority to any inmate or group of inmates to
exercise the right of punishment over any other inmate or group of inmates is
prohibited.
Subp. 6.
Removing clothing and bedding.
The facility administrator or designee shall have a policy
and procedure for removing clothing and bedding from an inmate. The following
shall be included:
A. clothing and
bedding shall be removed from an inmate only when the inmate's behavior
threatens the health, safety, or security of self, other persons, or property.
When appropriate, alternative clothing and bedding shall be issued;
B. clothing and bedding shall be returned to
the inmate as soon as it is reasonable to believe the behavior that caused the
action will not continue;
C. the
decision to deprive an inmate of articles of clothing or bedding shall be
reviewed by the officer in charge or the supervisor during each eight-hour
period; and
D. the review shall be
documented.
Subp. 7.
Disciplinary records.
A facility shall have written policy and procedure, that
provides that, when rule violations require formal resolution, staff members
prepare a disciplinary report and forward it to the designated supervisor.
Disciplinary reports prepared by staff members shall include the following
information:
A. specific rules
violated;
B. a formal statement of
the charge;
C. an explanation of
the event, which should include who was involved, what transpired, and the time
and location of the occurrence;
D.
unusual inmate behavior;
E. staff
and inmate witnesses;
F.
disposition of any physical evidence;
G. any immediate action taken, including the
response to resistance; and
H.
reporting staff member's signature, and date and time report is made.
Statutory Authority: MS s
241.021
