Kan. Admin. Regs. § 44-13-402 - Continuing the hearing; recesses; time limits; extensions
(a) The
disciplinary administrator or hearing officer may grant one or more
continuances or recesses of appropriate and reasonable length upon application
of the inmate, reporting officer, the hearing officer, a unit team manager
pursuant to K.A.R. 44-13-201a, or department of corrections for cause shown.
(b) The hearing officer may also
continue the case for a reasonable period, as necessary, subject to the review
of the status of the case every 30 days, if any of the following conditions is
met:
(1) The inmate or the employee is unable
to appear for medical or psychiatric reasons as certified by the facility or
other licensed physician or psychiatrist.
(2) There is a delay to await determination
of whether the case will go to trial in a court of law or to await the outcome
of a trial.
(3) There is an
unavoidable delay to await the return of evidence from an analysis laboratory.
(4) The inmate is transferred to
or from a facility for diagnostic evaluation, out to court, or to a mental
hospital before hearing.
(5) The
inmate is on "escape" status. At the hearing officer's discretion, the case may
be dismissed or heard in absentia on the record, unless the inmate has been
apprehended and is available at a known location for return to department of
corrections custody for the hearing within six months.
(6) The case has been placed upon diversion
status pursuant to K.A.R. 44-13-201a .
(c) To obtain a continuance in advance of the
hearing, the requesting party shall make the request to the hearing officer or
to the disciplinary administrator. If there is a hearing officer appointed for
the case, the request shall be forwarded to that officer.
(1) Reasonable extensions may be obtained
with the prior approval of the secretary of corrections or the secretary's
designee, in the case of a substantial disruption of order in the facility.
(2) If an inmate has been
transferred to another facility, it shall be the responsibility of the warden
of the sending facility to grant an extension of the disciplinary case, which
shall not exceed 10 working days.
(3) At the discretion of the hearing officer,
recesses of appropriate and reasonable length may be declared.
Notes
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No prior version found.