Kan. Admin. Regs. § 44-13-405a - Calling witnesses
(a) In
determining whether to allow the inmate to call a witness from the facility
population or from among facility employees, the hearing officer shall balance
the inmate's interest in avoiding loss of good time and assessment of a fine or
placement in disciplinary segregation against the needs of the facility. These
needs of the facility shall include the following:
(1) The need to keep the hearing within
reasonable time limits;
(2) the
need to prevent the creation of a risk of retaliation and reprisal;
(3) the need to prevent the undermining of
authority;
(4) the need to limit,
to a reasonable level, access to other inmates for the purpose of collecting
statements or compiling documentary evidence;
(5) the need to prevent disruption;
(6) the need to administer swift
punishment;
(7) the need to avoid
irrelevant, immaterial, or unnecessary testimony and evidence;
(8) the need to reduce or prevent security
hazards that could be presented in individual cases;
(9) the need to use the disciplinary process
as a rehabilitative tool to modify inmate behavior;
(10) the need to prevent the creation of
undue risk to personal or facility safety;
(11) the need to reduce the chances of
seriously inflaming tension, frustration, resentment, and antagonism in the
relationship between inmates and facility personnel;
(12) the need to correct the behavior of
inmates and develop in them a value system in order to foster their eventual
return to the community; and
(13)
the need for the prompt, efficient, and effective resolution of the
disciplinary case with accurate and complete fact-finding consistent with the
level of process required by law for facility disciplinary cases.
(b) The hearing officer shall have
broad discretion in permitting or denying the witness request. In exercising
the discretion, the hearing officer shall balance the inmate's request and
wishes against the needs of the facility. The goal of the hearing officer shall
be to conduct the fact-finding process in a manner leading to the discovery of
the truth.
(c) The hearing officer
shall neither abuse the discretion entrusted to that officer nor interfere with
the level of process that is reasonably necessary to find the truth.
(d) With the charged inmate's consent, the
hearing officer may admit the affidavit of a non-party witness in lieu of an
appearance by the witness. If a witness is denied or cannot attend in a timely
manner, the hearing officer may also admit the affidavit of this witness.
(e) If a request to call a witness
is denied, a written explanation shall be made on the record unless it would
endanger any person. In this case, a written explanation shall be made to the
warden with a copy, on appeal, to the secretary of corrections for confidential
review.
Notes
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No prior version found.