1.0     POLICY: The Department uses a formal disciplinary system to impose penalties on inmates who violate the Department's policies, procedures and regulations.

2.0     AUTHORITY:

A.R.S. 41-1604, Duties and Powers of the Director.

A.R.S. 41-1604.07, Earned Release Credits; Forfeiture; Restoration.

3.0    RESPONSIBILITY: Assistant Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators shall ensure that all employees understand and comply with this policy.

4.0     APPLICABILITY: All staff and inmates.

5.0     DEFINITIONS:

5.1    Confidential Informant - A person who provides information which, if revealed, could jeopardize the person's safety.

5.2    Coordinator of Discipline (Coordinator): An employee equal to or exceeding the level of CSO II whose responsibilities include reviewing and disposing of minor disciplinary violations and ensuring that adequate investigations are conducted of major violations.

5.3    Detention - For the purpose of this policy, a temporary placement used to segregate inmates, which meets the requirements of ADC Policy #302.14, "Inmate Detention," for one of the following purposes:

5.3.1    Investigative Detention - A temporary placement pending completion of an investigation.

5.3.2    Disciplinary Detention - A temporary placement that is ordered as a penalty upon a guilty finding for a major disciplinary violation.

5.4    Disciplinary Hearing Officer (DHO): A Captain who is designated by the Warden to handle major disciplinary actions and to serve as the Appeals Officer for minor violations, as a full-duty, uniformed assignment on a rotational basis.

5.5    Disciplinary Report: A formal method of charging an inmate with either a major or minor disciplinary violation, using a Disciplinary Report, ADC Form #30000004, which includes: a written report of the charge, which is reviewed by the shift supervisor; a delivery of charge that is served on the inmate; a complete investigation of the allegations; disposition by the Coordinator or DHO; and including, when appropriate, the imposition of disciplinary penalties.

5.6    Informal Resolution - Resolution of a violation by verbal reprimand or written warning, rather than by formal charges.

5.6.1    When an employee observes or becomes aware of inmate behavior that violates rules, policies and regulations, but that is not a serious violation, the employee may resolve the problem informally.

5.6.2    Coordinators, shift supervisors and DHOs may also use informal resolution to resolve formal charges.

5.7    Major Violation: A rule violation of such magnitude that a finding of "guilty" could result in penalties including the loss of earned release credits, restitution, placement in Parole Class III or disciplinary detention.

5.8    Minor Violation: A rule violation for which an informal resolution is not sufficient, but for which loss of earned release credits, placement in Parole Class III, restitution or placement in disciplinary detention will not be imposed.

5.9    Parole Class III - A non-eligible parole class used exclusively by the DHO Inmates may be placed in this class in 30 day increments for a maximum of 90 days.

5.9.1    Inmates serving Parole Class III time are not eligible for parole until they are returned to a parole-eligible class.

5.9.2    For inmates whose date of offense is on or after July 21, 1979, the parole eligibility date is extended one day for each day they remain in Class III.

5.9.3    Inmates serving Parole Class III time shall not be eligible to earn release credits until they are returned to Parole Class I.

5.10    Restriction - A penalty imposed upon a finding of guilty for a disciplinary violation to restrict an inmate to the inmate's cell or sleeping area during unassigned hours. During Restriction, the following activities are allowed as normally scheduled: meals, scheduled recreation and exercise periods, medical services, access to law libraries and legal assistance, visitation, laundry and hygiene activities.

5.11    Staff Assistant: A designated employee who is assigned to explain charges or hearing procedures to inmates for major violations. Staff assistants may be assigned by the Coordinator or the DHO in accordance with 6.1.5. Staff assistants:

5.11.1    Shall be assigned when a charged inmate is illiterate, does not understand English or where the complexity of the issue makes it unlikely that the inmate will be able to collect and present the evidence.

5.11.2    Shall be assigned for inmates who are mentally incompetent to understand the nature of the proceedings against them or to participate in their own defense.

5.11.3    Are responsible for helping inmates to understand the charges against them, the disciplinary process and time frames, the content of the charges and the disciplinary hearing proceedings, to ensure that inmates can present their version of the charges against them.

5.11.4    Shall not act on behalf of inmates or serve as advocates for inmates.

6.0    PROCEDURES:

6.1    General Requirements

6.1.1    The Department shall provide copies of this policy, with attachments, and an explanation of the discipline system to all inmates at Reception Centers.

6.1.1.1    The Coordinator shall provide a copy of this information to an inmate upon the inmate's request.

6.1.1.2    A Spanish-language version shall be made available for inmates who speak Spanish.

6.1.2    Penalties imposed on inmates shall be fair, reasonable and consistent with the severity of the violation. Throughout the disciplinary process the individual inmate's constitutional rights shall not be violated.

6.1.3    Throughout the disciplinary process, confidential information shall be restricted, in accordance with ADC Policy #501.3, "Inmate Records - Information Control."

6.1.4    A single violation may result in both disciplinary action by the Department and the filing of criminal charges.

6.1.4.1    Inmates are subject to all laws of the United States, the State of Arizona, and any local, county or municipal law or ordinance. Any inmate violating these laws may be charged and tried for that violation in the appropriate local, state or federal court.

6.1.4.2    The filing of charges in a judicial court of record for the violation of local, state or federal laws does not prevent the administrative handling of the same act as a disciplinary matter or of the taking of disciplinary action against the inmate.

6.1.4.3    Serious violations may result in both disciplinary action by the Department and referral to the appropriate County Attorney for consideration of civil or criminal prosecution.

6.1.5    Wardens, Deputy Wardens and Administrators shall assign staff to serve as staff assistants, ensure they are sufficiently familiar with the disciplinary process to the extent required by section 5.11, maintain a current list of trained staff assistants and make the list readily available to the DHO and Coordinators.

6.1.6    The disciplinary process is outlined in the flow chart in ATTACHMENT A, Inmate Disciplinary Process.

6.2    Filing a Disciplinary Report - An employee may file a Disciplinary Report for any action that is listed in ATTACHMENT C, Disciplinary Penalties and Violations.

6.2.1    A Disciplinary Report shall contain only one charge with a full explanation of supporting facts. If the circumstances of an incident justify filing more than one charge, separate reports may be filed.

6.2.2    The employee initiating the Disciplinary Report shall complete the first portion of the Disciplinary Report form within 24 hours of the determination that a violation may have occurred. The contents of the report include:

6.2.2.1    The employee's signature and title;

6.2.2.2    The citation of the violation from ATTACHMENT C;

6.2.2.3    The date, time and location of the violation and a detailed description of the behavior that constitutes a violation of the Disciplinary Penalties and Violations;

6.2.2.4    The names and/or ADC numbers of inmates involved;

6.2.2.5    The names and/or ADC numbers of inmate witnesses;

6.2.2.6    The names and/or badge numbers of staff witnesses;

6.2.2.7    The date and time the report is made;

6.2.2.8    The means by which the inmate was advised of the charge; and

6.2.2.9    Any of the following that apply:

6.2.2.9.1    The disposition of any physical evidence;

6.2.2.9.2    A description of any force used by the inmate or staff; and

6.2.2.9.3    Any immediate action taken.

6.2.3    Upon completion of the report, the employee shall submit it to the on-duty shift supervisor to review for the appropriateness of the charge and content of the report and to sign the report before it is provided to the Coordinator. The employee should also notify the inmate of the pending charge.

6.2.4    The shift supervisor shall review the report and return it to the employee for correction, if it is not completed properly.

6.2.4.1    The shift supervisor may handle the charges informally and indicate this in the Disciplinary Report.

6.2.4.2    After signing, the shift supervisor shall forward the report to the Coordinator.

6.3    Disposition of Reports - The Coordinator:

6.3.1    May process a Disciplinary Report as either a major or minor violation, based upon the type and level of offense as indicated in the Disciplinary Penalties and Violations, taking into account any aggravating or mitigating circumstances involved in the case; and

6.3.2    Shall assign a case tracking number which shall follow the Disciplinary Report through the system. #9; #9;

6.4    Minor Violation Procedures

6.4.1    The Coordinator may handle minor violations by:

6.4.1.1    Meeting with the inmate;

6.4.1.2    Conducting an investigation, if necessary;

6.4.1.3    Interviewing the inmate and obtaining the appropriate witness statements from other inmates or from staff;

6.4.1.4    Deciding whether to handle the violation by informal resolution or formally but as a minor violation;

6.4.1.5    Deciding penalties;

6.4.1.6    Advising the inmate of disciplinary appeal rights; and

6.4.1.7    Documenting the resolution in section IV of the Disciplinary Report, ADC Form #30000004.

6.4.2    Minor charges shall be disposed of within seven workdays of the filing date of the violation.

6.5    Penalties for Minor Violations

6.5.1    The Coordinator may assess penalties for minor infractions, as shown below and in ATTACHMENT C, Inmate Disciplinary Penalties and Violations:

6.5.1.1    Dismiss the charges;

6.5.1.2    Resolve the matter informally;

6.5.1.3    Issue a verbal or written reprimand;

6.5.1.4    Order Restriction for up to ten days;

6.5.1.5    Order the confiscation and return of property of another inmate, staff member, other person or the State, which is found in an inmate's possession without proper authorization;

6.5.1.6    Assign extra duty without pay, not to exceed 40 hours;

6.5.1.7    Order that the inmate be denied any or all privileges, including recreational and entertainment activities, not to exceed 30 days; and

6.5.1.8    Order confiscation and forfeiture of contraband money and property, in accordance with the Department's policy on Disposition of Contraband and Property.

6.5.2    The Coordinator shall explain in the Disciplinary Report the reasons for processing any Group B Penalties as minor violations.

6.6    Major Violation Procedures - All major violations shall be referred to the DHO. For major violations, the Coordinator shall:

6.6.1    Ensure that all major violations are investigated;

6.6.2    Prepare a packet for the DHO that includes the Disciplinary Report with the first two sections completed, lists of evidence and witnesses, and written witness statements; and

6.6.3    Forward the packet to the DHO.

6.7    Delivery of Charge for Major Violations

6.7.1    Prior to the delivery of charge, the Coordinator shall enter the date and time of the scheduled disciplinary hearing on the Disciplinary Report.

6.7.1.1    The hearing shall be held within seven workdays of the filing date of the violation, except when postponed, as provided in section 6.10.6.

6.7.1.2    The Coordinator may modify the charge, if warranted, consistent with documentation in the Disciplinary Report.

6.7.2    The Coordinator shall deliver the charge to the inmate no later than 24 hours prior to the date of the scheduled hearing.

6.7.3    The inmate must be given at least 24 hours from the time the charge is delivered to prepare for the disciplinary hearing, except when the expiration of sentence or parole date of the inmate does not allow time for such notice or if waived by the inmate. In such cases, an explanation shall be provided in the respective section of the Disciplinary Report.

6.7.4    The Coordinator delivering the copy shall ascertain that the inmate understands the charge, including the inmate's right to request a staff assistant. If the inmate cannot read, the officer shall read the charge to the inmate. The officer shall record in section II, the date and time the charge is delivered.

6.8    Investigation of the Charge

6.8.1    The Coordinator shall initiate an objective investigation of the charge. The investigation shall be completed without unreasonable delay. Any delay at any stage must be explained in the respective section of the Disciplinary Report.

6.8.2    The investigating officer shall:

6.8.2.1    Obtain the inmate's version of the offense and contact the charging officer and may contact any other staff members or inmates who have information pertaining to the allegation and the charge;

6.8.2.2    Ask if the inmate wants to request any material witnesses and:

6.8.2.2.1    Document in the Report if the inmate has no witnesses;

6.8.2.2.2    Interview inmate and staff witnesses, if names of witnesses are given; and, if appropriate, have the witness complete an Inmate Discipline System Witness Statement, ADC Form #30000005; and

6.8.2.2.3    Include a statement if inmate or staff witnesses were not contacted.

6.8.2.3    Not include opinions of the innocence or guilt of the charged inmate in the Report; and

6.8.2.4    Sign and date the Report.

6.8.3    The charged inmate shall provide the investigating officer with:

6.8.3.1    A summary of the expected testimony of a desired witness, as a condition for that witness being called; and

6.8.3.2    Any questions the inmate wants to be asked of a witness at a hearing.

6.9    Information from Confidential Informants

6.9.1    Information provided by confidential informants may be considered only when the informant is declared to be reliable and credible by the DHO.

6.9.2    In order to assess reliability:

6.9.2.1    The Coordinator shall complete a "Confidential Informant Reliability Assessment Questionnaire," ADC Form #70501132; and

6.9.2.2    The DHO shall review the completed Questionnaire, and shall determine whether or not the informant is reliable or not reliable.

6.10    Disciplinary Hearing Proceedings - Disciplinary hearings shall be held as often as required to comply with all time requirements for the processing of Disciplinary Reports and in accordance with section 6.15.

6.10.1    The DHO shall provide the inmate the opportunity to provide a statement.

6.10.2    AIMS data regarding the inmate's disciplinary history shall be available to the DHO during disciplinary hearings.

6.10.3    The DHO shall:

6.10.3.1    Explain the hearing procedures;

6.10.3.2    Record the date and time of the hearing.

6.10.3.3    Read the charge and ask if the inmate understands the charge;

6.10.3.4    Determine if the inmate requires a staff assistant at the hearing. If necessary and approved, the DHO may allow the inmate and designated staff assistant time for consultation;

6.10.3.5    Explain the range of possible punishment that could be imposed if there is a guilty finding;

6.10.3.6    Read Section I from the Disciplinary Report.

6.10.3.7    For major violations, ask whether the inmate pleads "guilty" or "not guilty."

6.10.3.7.1    If the inmate pleads "guilty," no further evidence needs to be heard. The inmate may offer any statement concerning the misconduct for consideration by the DHO.

6.10.3.7.2    If the inmate pleads "not guilty," evidence shall be presented, including appropriate inmate and staff testimony or written statements, and the inmate may make a closing statement concerning the misconduct for consideration by the DHO.

6.10.3.7.3    If the inmate refuses or fails to enter a plea, this shall be treated as a "not guilty" plea so far as hearing procedures are concerned.

6.10.3.8    Determine whether to call staff or inmate witnesses to appear at the proceedings and/or read the written witness statements.

6.10.3.9    Not permit the inmate to question witnesses.

6.10.3.9.1    Inmates shall present all proposed questions for each witness to the DHO.

6.10.3.9.2    If the DHO determines that the questions are appropriate and relevant, the officer shall conduct the questioning.

6.10.3.10    Ensure that any summaries of statements from confidential informants, or other confidential information, is carefully edited so that any information that might expose the identity of the confidential informant or reveal other confidential information is removed.

6.10.4    Persons other than the DHO, inmates and staff involved in the disciplinary matter may be present in the hearing room and observe discipline hearings, if approved by the Warden, Deputy Warden or Administrator:

6.10.4.1    For training; or

6.10.4.2    If they can benefit by observing the proceedings; and

6.10.4.3    Providing they are not disruptive to the hearing.

6.10.5    The DHO may use available personnel resources, such as medical staff, work supervisors or psychologists, as consultants.

6.10.6    The DHO may postpone a hearing for good cause. The reasons for postponement shall be included in the Report. The postponement must be approved by the Warden, Deputy Warden or Administrator.

6.11    Hearing Decisions

6.11.1    The DHO may:

6.11.1.1    Dismiss the charge;

6.11.1.2    Find the inmate not guilty;

6.11.1.3    Find the inmate guilty and impose penalties as indicated in 6.12 and Attachment C. The standard of proof for a finding of guilt is some evidence to support the charges.

6.11.2    When the DHO reaches a decision, he or she shall:

6.11.2.1    Inform the inmate of the decision and explain it verbally.

6.11.2.2    Prepare a written statement that includes the specific evidence relied upon to arrive at the decision and the reasons for the decision.

6.11.2.3    Provide the inmate with a copy of the written statement and penalties imposed.

6.11.2.4    Inform the inmate that he or she may appeal the decision of the DHO in accordance with the appeal procedures for major hearings.

6.11.2.5    Include the typed or legibly printed name of the DHO on the Disciplinary Report and sign the report.

6.11.2.6    Forward the results of the hearing to the Warden, Deputy Warden or Administrator for review.

6.11.3    Upon a finding of guilty of a major rule violation, the DHO shall refer the inmate to the Classification Committee for review, evaluation and possible action.

6.12    Penalties for Major Violations - The penalties that may be levied for disciplinary violations are listed in ATTACHMENT C, and include, but are not limited to, the following.

6.12.1    For major violations, upon a finding of guilty, the DHO shall impose penalties in accordance with the Disciplinary Penalties and Violations. In addition to the penalties in sections 6.5.1.1 through 6.5.1.8, the DHO may:

6.12.1.1    Order the inmate to be confined in disciplinary detention for no more than the maximum period specified in the Inmate Disciplinary Penalties and Violations:

6.12.1.1.1    The maximum detention period for a violation is 15 days.

6.12.1.1.2    Additional detention periods may be imposed for additional penalties or new violations, to be served concurrently or consecutively at the discretion of the DHO.

6.12.1.2    Assign inmates to Parole Class III:

6.12.1.2.1    Inmates may apply for rescission of placement in non-eligible Parole Class III, in accordance with the Department's Policy on Rescission of Parole Class III.

6.12.1.2.2    Rescission of Parole Class III does not remove the disciplinary conviction from the inmate's record or affect other disciplinary penalties that were applied along with the Parole Class III placement.

6.12.2    Recommend to the Director, through the Warden, Deputy Warden or Administrator, the forfeiture of any or all statutory good time or earned release credits; and/or

6.12.3    Order that the inmate make monetary restitution for the damages or destruction of property of another inmate, a staff member, another person or the State of Arizona.

6.12.4    Order the inmate to make monetary restitution for medical bills resulting from injury the inmate inflicted on self or others.

6.13    Review of Disciplinary Reports - The Warden, Deputy Warden, Administrator or designee shall review all major Disciplinary Reports and:

6.13.1    May approve, modify downward or disapprove the disciplinary action, or return the report to the DHO for additional information or reconsideration of the recommended action.

6.13.2    Shall ensure that:

6.13.2.1    The report was completed in compliance with this policy, citing only one charge with a full explanation of the supporting facts;

6.13.2.2    The penalty imposed is proportionate to the charge and consistent with other similar actions;

6.13.2.3    The DHO explains any significant disparity in punishment imposed when two or more inmates are charged with the same offense resulting from the same incident; and

6.13.2.4    The inmate is provided a copy of any modified report.

6.14    Appeals - Staff conducting appeals shall only review the case record and shall not consider any new evidence. The only points to be considered in an appeal are whether the disciplinary process was followed, that the facts support the findings, and the sanctions are appropriate based on the facts.

6.14.1    Appeals of Coordinator Decisions - Inmates may appeal a Coordinator decision of a minor violation to the DHO within five workdays of receipt of the decision, using an "Appeal of Disciplinary Charge," ADC Form #30000011. This is not a new hearing: only the hearing record shall be used for the appeal, and no new evidence shall be presented.

6.14.1.1    The DHO:

6.14.1.1.1    Shall review all of the documents with regard to the points raised in the appeal;

6.14.1.1.2    May, at his or her discretion, hear from the inmate, the Coordinator or witnesses;

6.14.1.1.3    May approve, modify downward or disapprove the recommended disciplinary action, or return the report to the Coordinator for additional information or reconsideration of the recommended action;

6.14.1.1.4    Shall review the appeal and provide a written response to the inmate within 20 calendar days. The response shall state specific reasons for the decision and shall be signed and dated; and

6.14.1.1.5    Shall forward the response to the inmate through the Coordinator.

6.14.1.2    The DHO's appeal response is final. Administrative remedies shall be considered exhausted with the DHO's decision.

6.14.2    Appeals of DHO Decisions

6.14.2.1    Step One: Inmates may appeal DHO decisions to the Warden, Deputy Warden or Administrator within five workdays of the disciplinary hearing. Inmates shall submit the appeal through the Coordinator, using the Appeal of Disciplinary Charge, ADC Form #30000011. The Warden, Deputy Warden or Administrator shall:

6.14.2.1.1    Consider only whether the disciplinary process was followed, some evidence was relied upon to support the findings, and the sanctions are appropriate based on the facts;

6.14.2.1.2    Review the appeal and provide a written response to the inmate and the DHO within 20 calendar days. The response shall state specific reasons for the decision and shall be signed and dated; and

6.14.2.1.3    Forward the response to the inmate through the Coordinator.

6.14.2.2    Step Two: An inmate who rejects a response may appeal it to the Central Office level within five workdays, through the Director's Office.

6.14.2.2.1    The Director or designee shall consider the appeal's merits based upon whether the disciplinary process was followed, some evidence was relied upon to support the findings, and the sanctions are appropriate based on the facts.

6.14.2.2.2    The Director or designee shall review the appeal and provide a written response to the inmate and the Warden, Deputy Warden or Administrator within 20 calendar days. The response shall state specific reasons for the decision and shall be signed, dated and returned to the inmate through the Coordinator.

6.14.2.2.3    The Director's response is final. Administrative remedies shall be considered exhausted with the Director's decision.

6.14.3    The Appeals process is shown in the flow chart in ATTACHMENT B, Inmate Disciplinary Appeals Process.

6.15    Time Limits for the Discipline Process

6.15.1    Disciplinary Reports shall be written as soon as possible from the date a determination is made that a violation may have occurred, and no later than 24 hours from that date.

6.15.2    Minor charges shall be disposed of within seven workdays of filing the violation.

6.15.3    An inmate shall be given at least 24 hours between delivery of a major charge and the hearing except when:

6.15.3.1    The inmate waives the 24-hour period; or

6.15.3.2    The expiration of sentence or parole date of the inmate does not allow time for such notice.

6.15.4    Disciplinary hearings shall be held:

6.15.4.1    As often as required to ensure disciplinary violations are disposed of in a timely fashion; and

6.15.4.2    Not longer than seven workdays from the date of the violation, excluding weekends and holidays.

6.15.5    If a hearing cannot be held within seven workdays, the Coordinator shall supply a written statement explaining the delay.

6.15.5.1    The Warden's, Deputy Warden's or Administrator's approval is required for delays beyond seven days.

6.15.6    Appeals shall be filed within five workdays of the date an inmate receives notification of the decision of a Coordinator or DHO.

6.15.7    When an inmate is hospitalized, escapes, or is otherwise outside the institution during the period between a disciplinary violation and the serving of charges, the time frames shall begin when the inmate returns to the custody of the Department.

6.16    Record Filing

6.16.1    All reports, documents and notifications of the disciplinary process, except for informal resolutions of disciplinary matters, shall be filed as follows:

6.16.1.1    White copy (Original) to the Central Office Inmate Record File;

6.16.1.2    Yellow copy to the Institutional Record File; and

6.16.1.3    Pink copy to the inmate.

6.16.2    If the case is dismissed or if the inmate is found not guilty, no reference to the charge shall be placed in the inmate's file.

6.17    Reporting - The Coordinator shall submit a monthly report of the dispositions of all disciplinary charges to the Warden, Deputy Warden or Administrator by the tenth workday of the month.

6.18    Other Disciplinary Hearing Requirements

6.18.1    The DHO shall preserve decorum, limit repetition and restrict questions and answers to relevant matters.

6.18.2    The DHO has the authority to:

6.18.2.1    Request other supporting documents;

6.18.2.2    Request that witnesses personally appear at the time of the hearing or that they are available by telephone speaker;

6.18.2.3    Offer staff assistance to the inmate during the hearing; and

6.18.2.4    Remove witnesses whose conduct interferes with the hearing.

6.18.3    The DHO may determine not to call all witnesses if calling the witness would create a risk of reprisal, undermine authority or otherwise present a threat to the security or order of the institution, or, if he or she determines that the witness' testimony would be irrelevant, immaterial or repetitive.

6.18.3.1    The DHO shall document the denial in the findings.

6.18.3.2    Character witnesses are irrelevant in disciplinary proceedings and shall not be allowed.

6.18.4    The DHO may determine not to disclose certain information if the disclosure would endanger the safety or well-being of another person. Otherwise, all evidence heard or seen shall be made known to the inmate.

`.18.4.1    The inmate witnesses must be willing to testify but may offer an oral or written statement to the investigating officer in lieu of a personal appearance.

6.18.4.2    The DHO shall note, in the report, the reasons for restricting any information.

6.18.5    The inmate charged shall be present at the disciplinary hearing unless substantial reasons exist that preclude the inmate's presence.

6.18.5.1    If the inmate waives the right to be present or refuses to be present, the inmate shall sign the Inmate Disciplinary Hearing Waiver, ADC Form #30000006, and an employee shall witness. If the inmate refuses to sign the form, this shall be noted. Copies of this form must be attached to each copy of the Disciplinary Report.

6.18.5.2    If the inmate's immediate disruptive conduct makes it necessary to remove the inmate from the area or hearing room, the hearing shall be conducted without the inmate. The reason for the inmate's absence shall be explained on the Result of Disciplinary Hearing, ADC Form #30000007.

6.19    Detention - Pursuant to ADC Policy #302.14, "Inmate Detention," inmates may be placed in investigative detention status pending completed disposition of the disciplinary process. Prior to such placement, the inmate shall be provided with a completed copy of the "Assignment to Investigative Detention," ADC Form #30000013, (referred to as Form 2A).

7.0    IMPLEMENTATION: This policy shall be implemented without change on the effective date. Within 90 days of the effective date:

7.1    The Administrator of the Staff Development/Training Bureau shall:

7.1.1    Prepare a video training course for staff assistants that explains the role of the staff assistant and the disciplinary process; and

7.1.2    Revise the COTA training module for Inmate Discipline.

7.2    The Assistant Director for Adult Institutions shall ensure that:

7.2.1    An appropriate level of training is conducted for all staff involved in the disciplinary process and for all inmates; and

7.2.2    This Policy and its attachments are translated into Spanish and made available for Spanish-speaking inmates.

ARIZONA DEPARTMENT OF CORRECTIONS

DIRECTOR=S OFFICE

TO:                 Distribution

FROM:         Terry L. Stewart, Director

DATE:           October 3, 2001

SUBJECT:     Revisions to Director=s Instruction #6, Inmate Disciplinary System

Director=s Instruction # 6, AInmate Disciplinary System,@ dated August 7, 1996 authorized the Department to continue using Internal Management Procedure 103.3.1 after the effective date of the system of written instruction. This IMP is still in place and is being modified by this directive.

Change the following paragraphs by deleting the text that is struck-over and adding the text shown in bold.

6.7.2     The Coordinator shall deliver the charge to the inmate no later than 24 48 hours prior to the date of the scheduled hearing.

6.7.3     The inmate must be given at least 24 48 hours from the time the charge is delivered to prepare for the disciplinary hearing, except when the expiration of sentence or parole date of the inmate does not allow time for such notice or if waived by the inmate. In such cases, an explanation shall be provided in the respective section of the Disciplinary Report.

6.11.1.3     Find the inmate guilty and impose penalties as indicated in 6.12 and Attachment C. The standard of proof for a finding of guilt is some evidence to support the charges.: The trier of fact (D.H.O.) must be persuaded by the evidence that it is more probably true than not that the inmate committed the disciplinary violation.

6.15.3    An inmate shall be given at least 24 48 hours between delivery of a major charge and the hearing except when:

6.15.3.1    The inmate waives the 24 48-hour period; or

Make the change in ink directly on the document and place this directive in front of the Director=s Instruction in your manual.

The Inmate Disciplinary Hearing Waiver , Form 803-4P, to include the Spanish version, has been modified to match the change from 24 hour notice to 48 hours as indicated in the changes above.

Because the form has already been printed, please make the changes in ink directly on the form. When supplies are exhausted order new from ACI.

TLS/BS/RLS/s

Attachment