Nebraska Administrative Code
Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE
Title 81 - JAIL STANDARDS BOARD
Chapter 13 - STANDARDS FOR JAIL FACILITIES - INMATE BEHAVIOR, DISCIPLINE AND GRIEVANCE
Section 81-13-003 - Disciplinary Procedures

Universal Citation: 81 NE Admin Rules and Regs ch 13 ยง 003

Current through March 20, 2024

All jail facilities shall establish a clear and concise disciplinary procedure governing inmate conduct.

003.01 General Provisions

In every disciplinary action taken in any jail facility, the following principles shall be applicable:

003.01A Disciplinary action shall be used to regulate the inmate's behavior within acceptable limits. Each disciplinary sanction imposed shall be proportionate to the seriousness of the inmate's misconduct.

003.01B The behavior of the inmates shall be controlled in a completely impartial and consistent manner;

003.01C Records of all disciplinary actions taken shall be kept;

003.01D The commission, or suspected commission, of an offense in violation of existing state or federal statute by an inmate or inmates shall be referred to the proper law enforcement agency, along with all pertinent evidence; and

003.01E Inmates charged with major rule infractions may be held in administrative segregation or cell restriction prior to a hearing to ensure the safety of staff, inmates or the facility. The status of inmates held in pre-hearing segregation shall be reviewed by the facility administrator or a designated facility employee(s) within twenty-four (24) hours. Pre-hearing segregation shall not exceed ninety-six (96) hours excluding weekends and holidays.

003.02 Disciplinary Process

In all jail facilities, any disciplinary action taken against an inmate for a violation of the jail facility's rules shall be in accordance with the following provisions:

003.02A Minor matters of discipline, where no threat to life, security, or property exists may be handled informally by a designated facility employee(s). The facility administrator or his/her designee shall review reports and approve any sanctions applied for minor misconduct.

003.02B For minor violations, inmates are subject to:
003.02B1 Reprimands,

003.02B2 Temporary loss of one or more privileges,

003.02B3 Restriction to a cell for up to ninety-six (96) hours, or

003.02B4 Extra cleaning duties or work assignments for sentenced inmates.

003.03 Major Matters of Discipline

When an accused inmate could be subject to disciplinary sanctions exceeding those listed in paragraph 003.02A of this Chapter, the following provisions shall apply:

003.03A The alleged violation shall be reported in writing on the prescribed form to the facility administrator by the facility employee witnessing the incident or responsible for determining the relevant facts.

003.03B Disciplinary reports prepared by staff members shall include but are not limited to:
003.03B1 Specific rules allegedly violated;

003.03B2 A formal statement of charges;

003.03B3 Any unusual inmate behavior;

003.03B4 Any staff witnesses;

003.03B5 An explanation of the event that should include who was involved, what transpired, and the time and location of occurrence;

003.03B6 Any physical evidence and its disposition;

003.03B7 Any immediate action taken, including the use of force; and

003.03B8 Reporting staff member's signature, date and time of report.

003.03C A written statement of the charges shall be delivered to the inmate at least twenty-four (24) hours before any hearing is held unless the inmate signs a waiver to have the hearing sooner. The facility administrator may designate a facility employee, an impartial person, or panel to conduct a disciplinary hearing if he/she chooses not to do so. If the charges are sustained, the facility administrator, designated person, or panel, shall impose a sanction appropriate for the offense.

003.03D The accused inmate shall have an opportunity to appear before and address the disciplinary person or panel conducting the hearing unless he/she voluntarily waives in writing the right to attend or the inmate's behavior justifies exclusion from the hearing. The accused inmate may be excluded during the testimony of a witness whose testimony must be given in confidence. Reasons for the accused inmate's absence or exclusion must be documented.

003.03E The disciplinary person or panel conducting the hearing may summon to testify any witnesses with relevant information of the incident. The accused inmate shall be allowed to call witnesses with relevant knowledge and present relevant documentary evidence in their own defense when permitting to do so will not be unduly hazardous to institutional safety or correctional goals. The disciplinary person or panel shall state its reasons in writing for refusing to hear a witness.

003.03F The accused inmate shall have an adequate opportunity to prepare a defense and, if requested, may be provided with a staff member or agency representative to assist him/her at a disciplinary hearing. A representative shall be appointed when it is apparent that an inmate is not capable of collecting and presenting evidence effectively on his or her own behalf.

003.03G If the charges are sustained, the person or panel conducting the disciplinary hearing must base such findings upon information obtained through the hearing process, including staff reports, inmate's statements, and evidence derived from witnesses and documents. The person or panel shall make a written statement of fact findings setting forth the evidence relied upon and the reasons for the disciplinary sanctions imposed. The accused inmate shall be given a copy of the written statement which shall include the basis for the decision and the disciplinary sanction, if any, to be imposed.

003.03H The facility administrator or designee shall provide for review of all disciplinary hearings and dispositions to assure conformity with policy and regulations.

003.04 Inmates found guilty of a major violation of the jail facility's rules may be subject to one (1) or more of the following sanctions:

003.04A Reprimand,

003.04B Temporary or permanent loss of one (1) or more privileges,

003.04C Restriction to his or her cell,

003.04D Confinement to disciplinary segregation,

003.04E Restitution for wanton or willful destruction to facility property from any funds to his/her credit,

003.04F Reduction of good time credit, or

003.04G Extra cleaning duties or work assignments for sentenced inmates.

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