Kan. Admin. Regs. § 44-13-101 - Disciplinary procedure established, general description of system
(a) A
disciplinary procedure in accordance with these regulations shall be
implemented by the warden of each facility. The term "warden," as used
throughout this article, shall include the warden's designee.
(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 limitations and guidelines
set out in these regulations and subject to the control of the hearing officer
exercised within the parameters of the law and these regulations, the inmate
shall be entitled to the following:
(1) To
receive advance written notice of the charge 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 inmate's own behalf;
(5) to have witnesses called to testify on
the inmate's behalf;
(6) to
confront and cross-examine witnesses against the inmate; and
(7) to be furnished with staff assistance
according to K.A.R. 44-13-408 .
(d) The charge may be amended according to
the provisions of these regulations.
(e) If an inmate allegedly commits 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. 44-13-103 .
(f) There shall be three classes of offenses,
which shall be processed according to the provisions of these regulations.
(g) The disciplinary hearing
process shall be structured as specified in K.A.R. 44-13-403, 44-13-404, and
44-13-405a .
(h) All stages of the
disciplinary hearing shall be conducted by a hearing officer appointed by the
warden according to K.A.R. 44-13-105 .
(i) A complete log of the disciplinary
process shall be maintained as specified in K.A.R. 44-13-509 .
(j) The disciplinary hearing shall be
conducted within a certain time following notice of the charge as established
by these regulations. Continuances and recesses of the hearing may be granted.
Generally, the inmate shall be permitted to be present at all stages of the
hearing, except as provided by these regulations.
(k) Staff assistance shall be permitted only
under limited conditions established in K.A.R. 44-13-408 .
(l) A summary record shall be made of all
stages of the hearing.
(m) In
class I and II offense cases, following an administrative review of the record
and any needed adjustments of the disposition by the warden, the inmate may
appeal the case to the secretary of corrections on the record. In class III
offense cases, an appeal may be made to the warden on the record following an
initial review of the record by some person within the facility other than the
warden. No appeal to the secretary of corrections shall be permitted.
(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 warden of another Kansas state
correctional facility if good cause is shown and if justice and fairness will
not thereby be infringed. An assignment or delegation shall not be made except
by the secretary of corrections or designee, or by the warden with the
secretary of corrections' 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 where the offense occurred in
the sending facility.
(o) This
regulation shall summarize the disciplinary procedure and shall not be
construed or interpreted as establishing any rights or procedures that are not
specifically set forth in article 13.
This amendment shall be effective on and after February 15, 2002.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.