Chapter DOC 303

DOC 303.84(11) (11) After a decision has been reached by the hearing officer, and if a finding of guilt results, the hearing officer shall forward restricted or confidential information to the security director for retention in a restricted file.

DOC 303.84 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.85 DOC 303.85 Disposition considerations.

DOC 303.85(1) (1) In deciding the disposition for a violation or group of violations, the supervisor making uncontested dispositions or the hearing officer may consider any of the following:

DOC 303.85(1)(a) (a) The inmate’s overall disciplinary record, especially during the previous 12 months.

DOC 303.85(1)(b) (b) The inmate’s disciplinary record of the same or similar offenses.

DOC 303.85(1)(c) (c) The risk of serious disruption at the institution or in the community caused by the violation.

DOC 303.85(1)(d) (d) The risk of serious injury created by the violation.

DOC 303.85(1)(e) (e) The value of the property involved.

DOC 303.85(1)(f) (f) The risk of serious financial impact caused by the violation.

DOC 303.85(1)(g) (g) Whether the inmate was actually aware that the inmate was committing a crime or offense at the time of the offense.

DOC 303.85(1)(h) (h) The motivation for the offense.

DOC 303.85(1)(i) (i) The inmate’s attitude toward the offense and toward the victim, if any.

DOC 303.85(1)(j) (j) Mitigating factors, including coercion, family difficulties which may have created anxiety, and any special circumstances.

DOC 303.85(1)(k) (k) Psychological input as appropriate regarding mental health status of seriously mentally ill inmates at the time of the behavior.

DOC 303.85(1)(L) (L) The risk to the security of the institution, inmates, employees or the community caused by the violation.

DOC 303.85(1)(m) (m) Any other relevant factors.

DOC 303.85(2) (2) A minor penalty may be imposed for a violation where a major penalty could be imposed.

DOC 303.85(3) (3) Restitution may be imposed in addition to any other penalty.

DOC 303.85(4) (4) Any combination of penalties may be imposed.

DOC 303.85 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.86 DOC 303.86 Recordkeeping.

DOC 303.86(1) (1) The department may keep records of disciplinary infractions in an inmate’s case record only if one of the following applies:

DOC 303.86(1)(a) (a) The inmate was found guilty by uncontested disposition procedure.

DOC 303.86(1)(b) (b) The inmate was found guilty by a supervisor or hearing officer.

DOC 303.86(2) (2) The department shall make necessary corrections to the record as required by appeal.

DOC 303.86(3) (3) The department shall take necessary steps to remove any record of a conduct report if there is an order to expunge.

DOC 303.86(4) (4) The department may keep conduct reports which have been dismissed or in which the inmate was found not guilty for statistical purposes, and security reasons, but the department may not consider them in making program assignment, transfer, or release decisions and the department may not include them in any inmate’s record.

DOC 303.86 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.87 DOC 303.87 Evidence.

DOC 303.87(1) (1) Evidence is relevant if the evidence makes it appear more likely or less likely that the inmate committed the offense of which the inmate is accused.

DOC 303.87(2) (2) 

DOC 303.87(2)(a) (a) A hearing officer may consider any relevant evidence, whether or not it would be admissible in a court of law and whether or not any violation of any state law or any DOC administrative code provision occurred in the process of gathering the evidence.

DOC 303.87(2)(b) (b) A hearing officer may refuse to hear or admit relevant evidence for any of the following reasons:

DOC 303.87(2)(b)1. 1. Unreliable.

DOC 303.87(2)(b)2. 2. Marginally relevant.

DOC 303.87(2)(b)3. 3. Unduly cumulative or repetitious.

DOC 303.87(2)(c) (c) Request for evidence must be made within two days after the service of notice of major disciplinary hearing rights. This time frame may be extended by the security director for good cause.

DOC 303.87(3) (3) The institution shall place the original conduct report and all due process documents in the inmate’s record, excluding evidence which shall be maintained in accordance with department policy.

DOC 303.87 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.88 DOC 303.88 Harmless error. If staff does not adhere to a procedural requirement under this chapter, the error is harmless if it does not substantially affect a finding of guilt or the inmate’s ability to provide a defense.

DOC 303.88 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.89 DOC 303.89 Warden-initiated review. The warden may at any time initiate a review of the decision and disposition of a conduct report and act on it unilaterally.

DOC 303.89 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.90 DOC 303.90 Administrative assignment or transfer. Notwithstanding any action taken under this chapter, the department may administratively change an inmate’s work, program, or housing assignment, restrict privileges, or transfer the inmate to another institution.

DOC 303.90 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.