PENNINGTON COUNTY SHERIFF'S OFFICE PENNINGTON COUNTY JAIL

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1 PENNINGTON COUNTY SHERIFF'S OFFICE PENNINGTON COUNTY JAIL.,._... ~. ",. CHAPTER: PAGE NO: PCJ Disciplinary I of 5 ORDER NO: SUBJECT: Disciplinary Hearing and Sanctions REVISED: EFFECTIVE: APPROVED BY: June 19,2014 Sheriff Kevin Thorn REFERENCES: ACA: 4-ALDF-2A-50, 3A-OI, 6C I. POLICY To prevent violation of an inmate's right to due process and also prevent arbitrary application of discipline, the Pennington County Jail maintains a Disciplinary Hearing Officer to resolve cases of major rule violations and to hear inmate's appeals of minor violation decisions. II. DEFINITIONS A. Disciplimll"}' Hearing Officer - A staff member appointed by the Jail Commander, who has not been directly involved in the incident being reviewed and; therefore, can conduct an impartial hearing. B. Minor offenses - All acts which when committed interfere with the orderly operation of the facility but do not present an immediate threat to security of inmates, staff or visitors. C. M:tjor offenses - Rules, when violated, may present an immediate threat to security or the safety of the inmates, staff or visitors. Persistent minor rule infractions may constitute a Major Rule violation. III. GENERAL INFORMATION A. When an inmate violates a major rule, and the sanctions anticipated for the violation will exceed 48 hours in duration, the inmate is entitled to due process; which includes a fom1al disciplinary hearing. NOTE: The PC SO Policies and Procedures arc updated and maintained on the PCSO intranet site. The intranet site is the only updated policy manual. Any printed versions are to be considered outdated.

2 PCJ f Inmates may request a staff member to assist them in a disciplinary hearing. A staff representative is appointed by the Disciplinary Hearing Officer when it is apparent that an inmate is not capable of collecting and presenting evidence effectively on their behalf. B. Disciplinary hearings are convened as soon as practical but no later than seven (7) days excluding weekends and holidays after being charged with a violation. 1. A hearing may be postponed or continued for a reasonable period with good cause. C. The inmate will receive a written copy of the violation(s) against them. 1. This written notice wiii contain the specific rule(s) alleged to have been violated, along with a summary of how the rule(s) were allegedly violated. 2. This written copy will be given to the inmate at least 24 hours prior to the scheduled hearing. 3. The hearing may be held within 24 hours with written consent from the inmate D. Inmates have an opportunity to make a statement and present documentary evidence at the disciplinary hearing. I. Inmates can also request witnesses to testify on their behalf. If denied, the reasons are stated in wri ting. 2. The inmate will be present at the hearing unless: a) The inmate waives, in writing, their right to be present. b) The inmate's actions present a clear threat to the safety and security of the facility. This will be documented in the Disciplinary Hearing Officer's report. c) The inmate may be excluded from the hearing during the times witnesses are testifying if the Disciplinary Hearing Officer feels the testimony should be given in confidence. 3. Any reason for excluding the inmate will be documented in the Disciplinary Hearing Officer's final report. E. The inmate may, by written waiver, refuse to have the hearing and not contest the charges or possible sanction, such waiver may be used as an admission of guilt. F. All hearings will be tape-recorded. The tapes will be kept until the appeal process has been completed.

3 PCl320.IO 30f5 G. H. I. Attorneys may not be present at any disciplinary hearing. Decisions are based solely on information obtained in the hearing process, including staff reports, the statements of inmate charged, and evidence derived from witnesses and documents. The Disciplinary Hearing Officer may impose longer or shorter periods of disciplinary status if aggravating or mitigating factors warrant. 1. These factors are addressed at the hearing and are documented on the disciplinary hearing report. 2. The Security Captain or designee approves any continuous confinement in disciplinary status for over 30 days. 3. The maximum sanction that may be imposed is a total 60 days on disciplinary status for all violations arising from a single incident. a) Any sanction of up to 72 hours may be served in disciplinary detention housing. (1) All sanctions served in disciplinary detention are served as straight time. (2) Once the sanction is served, the inmate is moved to the appropriate cellblock classification. b) Any sanction of up to 48 hours on disciplinary status is served in the inmate's original housing area, unless the situation warrants his segregation. 4. Inmates serving 10 days or more may be given privileges in addition to those allowed for disciplinary status inmates as a management tool. 5. Any reward for good behavior will be authorized by the security and support staff during their regular meeting and review of special management inmates. 6. A trustee found guilty of any major violations automatically loses trustee status. a) Good time may be taken away if an inmate is found guilty of a rule infraction. b) They may later reapply for trustee status. J. The Security Captain or designee reviews all disciplinary hearings and dispositions to assure conformity with policy and regulations. K. The Jail Commander will be notified of: 1. Any discipline exceeding thirty (30) days;

4 SUBJECT: I'AGE NO. PC] Disciplinary Hearinl! and Sanctions 40f5 2. Discipline and/or sanctions outside the normal protocol; and/or, 3. Increase in disciplinary infractions. IV. PROCEDURAL GUIDELINES A. The Investigating Officer sends an electronic copy of the Notice of Rule Violation to the Disciplinary Hearing Officer. B. The Disciplinary Hearing Officer assigns a date and time to the Notice of Rule Violation (NOR) and gives the finalized copy to the Shift Supervisor. C. The Shift Supervisor advises the Housing Officer to serve the Notice of Rule Violation (NOR) on the inmate within an acceptable time frame, but no less than 24 hours before the hearing. D. The Housing Officer reviews the Notice of Rule Violation (NOR) with the inmate and: I. Initials and dates receipt of the Notice of Rule Violation; 2. Gives the inmate a copy; 3. Has the inmate sign receipt of the Notice of Rule Violation. E. The inmate signs that they: I. Deny the allegation(s) and requests a hearing; 2. Waive their right to a hearing but will submit a statement on their behalf; 3. Admit the allegation(s) F. The Housing Officer gives the signed copy back to the Disciplinary Hearing Officer. G. The Disciplinary Hearing Officer reviews the Notice of Rule Violation for the inmate decision: I. If the inmate requests a hearing, the Disciplinary Hearing Officer proceeds with tape recorder at the time scheduled. a) The Disciplinary Hearing Officer interviews: (I) The inmate; (2) Any witnesses; (3) The Housing Officer, if necessary; b) The Disciplinary Hearing Ofticer reviews the incident report and any available video recording.

5 I'Cl SofS 2. If the inmate waives his right to a hearing, but submits a statement on their behalf, the Disciplinary Hearing Officer: a) Reviews the inmate statement; b) Reviews the incident report and available recording; and, c) Speaks with the Housing Officer, if necessary. 3. If the inmate pleads guilty, the Disciplinary Hearing Officer: a) Reviews the incident report and any available recording and, b) Speaks with the Housing Officer, if necessary. H. If the inmate is found guilty, the Disciplinary Hearing Officer decides any sanctions to be imposed and the specific length of time the inmate is to be on disciplinary status. I. No disciplinary action is taken before the Disciplinary Hearing Officer hears and decides on a rule violation case. 2. Stafl may recommend disciplinary action, but the Disciplinary Hearing Officer makes the final decision. 3. The Disciplinary Hearing Officer informs the inmate that they may appeal the decision. l. The Disciplinary Hearing Officer documents the hearing results in a Disciplinary Hearing report. I. One copy is given to the inmate; 2. A copy is given to the Security Captain for review; and, 3. The original hearing report is filed in the inmate's active file. J. If the inmate is found not guilty, the Disciplinary Hearing Officer makes note in the Disciplinary Hearing report. ~~ Kevin Thorn, Sheriff / 2.1 S. "2 01'f Date