Kan. Admin. Regs. § 123-13-101 - Disciplinary procedure established

(a) A disciplinary procedure in accordance with these regulations shall be established and implemented by the superintendent of each facility.

(1) "Superintendent," as used throughout this article, shall include the superintendent's designee.

(2) "Disciplinary procedure," as used throughout this article, shall include conducting disciplinary proceedings and following the disciplinary process.

(b) Prosecution by criminal justice agencies in the community shall be deemed a separate process from this disciplinary procedure, and both prosecution and disciplinary procedures may be conducted on matters relating to the same factual situations.

(c) Subject to the requirements specified in these regulations and subject to the control of the hearing officer exercised within the parameters of the law and these regulations, each offender shall be entitled to the following:

(1) To receive advance, written notice of the offense that the offender is alleged to have committed and a fair hearing by an impartial hearing officer;

(2) to be present at the hearing;

(3) to present documentary evidence;

(4) to testify on the offender's own behalf;

(5) to have witnesses called to testify on the offender's behalf;

(6) to confront and cross-examine witnesses against the offender; and

(7) to be furnished with staff assistance according to K.A.R. 123-13-408.

(d) Any specific offense alleged may be amended according to the provisions of these regulations.

(e) If an offender is alleged to have committed an act covered by criminal law, the case shall be referred to the appropriate law enforcement or prosecutorial agency as provided in K.A.R. 123-13-103.

(f) There shall be three classes of offenses, which shall be processed according to the provisions of these regulations. The offense classes shall consist of class I offenses as defined in K.A.R. 123-12-1301, class II offenses as defined in K.A.R. 123-12-1302, and class III offenses as defined in K.A.R. 123-12-1303.

(g) The disciplinary hearing process shall meet the requirements of K.A.R. 123-13-403, 123-13-404, and 123-13-405a.

(h) All stages of the disciplinary hearing shall be conducted by an impartial hearing officer appointed by the superintendent according to K.A.R. 123-13-105.

(i) A complete log of each disciplinary proceeding conducted pursuant to these regulations shall be maintained as specified in K.A.R. 123-13-509.

(j) Each disciplinary hearing shall be commenced within the period of time required by these regulations. Continuances and recesses of the hearing may be granted. The offender shall be permitted to be present at all stages of the hearing, except as otherwise provided by these regulations.

(k) Staff assistance shall be permitted only under the limited conditions established in K.A.R. 123-13-408.

(l) A summary record shall be made of all stages of the hearing. The summary record shall be the basis for all actions that are conducted on the record.

(m) In class I and II offense cases, following an administrative review of the record and any needed adjustments of the disposition by the superintendent, the offender may appeal the case on the record to the commissioner. In class III offense cases, following an administrative review of the record by a facility official appointed by the superintendent for that purpose, an appeal on the record may be made to the superintendent. No appeal to the commissioner shall be permitted of the disposition for class III offenses.

(n) Nothing in these regulations shall prohibit the assignment or delegation of the disciplinary hearing and review process or any portion of it to the superintendent of another facility if good cause is shown and if justice and fairness will not be compromised. An assignment or delegation shall not be made except by the commissioner or designee, or by the superintendent with the commissioner's written approval. This restriction shall not prohibit the holding of hearings at a receiving facility, following a transfer based on a classification decision in the sending facility, if the offense occurred in the sending facility.

(o) This regulation shall not be construed or interpreted as establishing any rights or procedures that are not specified in this article.

This regulation shall be effective on and after April 8, 2005.

Notes

Kan. Admin. Regs. § 123-13-101

Authorized by and implementing K.S.A. 38-16,130, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.