Nebraska Administrative Code
Topic - CORRECTIONAL SERVICES, DEPARTMENT OF
Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES
Chapter 6 - INMATE DISCIPLINARY PROCEDURES
Section 68-6-008 - Institutional Disciplinary Committee Procedures

008.01 Before an inmate can be disciplined for a drug or alcohol violation, the inmate may request and NDCS shall provide independent confirmation testing of positive results of urinalysis testing. If the confirmation test is positive, the inmate may be required to pay the cost of the confirmation test.

008.02 Investigatory Hearing. Upon receipt of a Misconduct Report, the Warden or designee shall designate an investigating officer(s). The investigating officer shall not be the employee reporting and shall not have been involved in the incident in question. After an alleged rule violation is logged, an investigating officer will meet with the accused inmate, give the inmate written notice of the allegations, an opportunity to make a statement about the allegations, and an opportunity to request representation and/or witnesses at the disciplinary hearing. The investigating officer shall interview the inmate and may interview other persons with relevant knowledge to determine whether there is some evidence that an offense was committed. The investigation should be completed promptly unless exceptional circumstances necessitate a delay. The investigating officer shall forward the misconduct report to the disciplinary committee with a recommendation on whether the report should be dismissed.

008.03 Notice of Hearing. No less than 24 hours before the hearing is scheduled to be held, each inmate charged with an offense shall be given written notice of the date of the hearing. The inmate may waive this 24-hour requirement in writing.

008.04 Notice of Charges. No less than 24 hours before the hearing is scheduled to be held, each inmate charged with an offense shall be given written notice of the alleged misconduct and the rules such conduct is alleged to violate. The inmate may waive this 24-hour requirement in writing.

008.05 Hearings. An institutional disciplinary hearing shall be held within seven days, excluding weekends and holidays, after the occurrence or discovery of an infraction.

008.06 Opportunity to Appear. An inmate charged with an offense shall have an opportunity to appear before and address the institutional disciplinary committee unless the inmate waives this right in writing or is excluded because of his or her behavior. An inmate may be excluded during the testimony of any inmate whose testimony must be given in confidence. Reasons for the inmate's absence or exclusion must be documented.

008.07 Reporting Employee. The Reporting Employee shall appear at the disciplinary hearing unless the inmate waives his/her presence in writing.

008.08 Presentation of Witnesses and Documentary Evidence. An institutional disciplinary committee may compel an employee with relevant information to appear as a witness. An institutional disciplinary committee shall also allow the inmate charged to call witnesses with relevant knowledge and present relevant documentary evidence in the inmate's defense when permitting the inmate to do so will not be unduly hazardous to institutional safety or correctional goals. Requests for witnesses or documentary evidence must be made at the time of the investigatory hearing, or must be in writing and received by designated staff at least 24 hours in advance of the hearing. An institutional disciplinary committee shall state its reasons in writing for refusing to allow a witness to testify or to have requested documentary evidence at the hearing. When it would compromise safety or security to allow a person to appear as a witness, the person may submit a written statement to the committee. The refusal of an inmate to make a written statement or to testify shall be documented.

008.09 Written Statement of Decision. The institutional disciplinary committee shall give the inmate a written statement of the decision. This statement shall include the basis for the decision and any disciplinary action imposed.

008.10 Change of Work, Education or Program Assignment. A change in work, education or other program assignment shall not be used for disciplinary purposes.

008.11 Preparation of Inmate's Defense. The inmate charged shall have an adequate opportunity to prepare a defense. Such opportunity shall include the right to assistance and advice in preparing and presenting a defense from any inmate in general population or staff member at the facility where the hearing is held. The inmate or staff member may serve only in an advisory capacity for the inmate so charged. The inmate or staff member may not coach, prompt or verbally assist the charged inmate in communicating their defense during the hearing. A representative will be appointed when it is apparent that an inmate is not capable of collecting and presenting evidence effectively on his or her own behalf or when the inmate or staff member chosen by the charged inmate is unavailable. No inmate or staff member shall be recruited to serve in such an advisory capacity involuntarily. A request for a representative must be made at the time of the investigatory hearing, or must be in writing and received by designated staff at least 24 hours in advance of the hearing.

008.12 Waiver. The inmate may waive the right to have the reporting employee at the hearing, the right to twenty-four hours' notice of the hearing, the right to twenty-four hours' notice of the charges, the right to a representative, the right to request witness and the right to be present at the hearing. Waivers and consents shall be in writing, signed by the inmate and reviewed by the Warden or designee. A signed waiver may be rescinded only for good cause as determined by the institutional disciplinary committee.

008.13 Continuances. The institutional disciplinary committee may grant a continuance or postponement of the disciplinary hearing. A request for a continuance may be made by either institutional staff involved in the discipline process or the inmate. A continuance may be granted only for good cause shown for a reasonable period of time, and shall be made in writing and made part of the disciplinary record.