DO 803 - Inmate Disciplinary Procedure

CHAPTER: 800

Inmate Management

DEPARTMENT ORDER:

803 – Inmate Disciplinary Procedure

OFFICE OF PRIMARY

RESPONSIBILITY:

Arizona

Department

Corrections

Rehabilitation

and Reentry

Department Order Manual

Effective Date:

October 24, 2021

Amendment:

December 3, 2022

Supersedes:

DO 803 (10/16/16)

Scheduled Review Date:

January 1, 2024

ACCESS

☐ Contains Restricted Section(s)

David Shinn, Director

CHAPTER: 800

803 – INMATE DISCIPLINARY PROCEDURE

OCTOBER 24, 2021

TABLE OF CONTENTS

EXPECTED PRACTICES ................................................................................................................... 1

PURPOSE ...................................................................................................................................... 1

PROCEDURES ................................................................................................................................ 1

1.0 GENERAL REQUIREMENTS ................................................................................................... 1

2.0 PRE-HEARING DETENTION .................................................................................................... 3

3.0 FILING AND DISPOSITION OF DISCIPLINARY REPORTS ............................................................ 3

4.0 INVESTIGATIONS AND CONFIDENTIAL INFORMANTS ............................................................. 5

5.0 CLASS A AND CLASS B VIOLATIONS .................................................................................... 7

6.0 CLASS C VIOLATIONS ......................................................................................................... 8

7.0 DISCIPLINARY HEARINGS .................................................................................................... 9

8.0 RESTITUTION HEARINGS ................................................................................................... 14

9.0 PENALTIES FOR CLASS A AND B VIOLATIONS ..................................................................... 16

10.0 DISCIPLINARY REVIEW AND APPEAL ................................................................................... 17

11.0 RESTITUTION REVIEW AND APPEAL.................................................................................... 21

12.0 VEXATIOUS GRIEVANCES AND VEXATIOUS GRIEVANT DESIGNATION ................................... 23

13.0 RECORDS AND REPORTS ................................................................................................... 24

IMPLEMENTATION ....................................................................................................................... 24

DEFINITIONS/GLOSSARY .............................................................................................................. 24

ATTACHMENTS ........................................................................................................................... 25

FORMS LIST ................................................................................................................................ 25

AUTHORITY ................................................................................................................................ 25

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EXPECTED PRACTICES

American Correctional Association (ACA) Expected Practices: 5-ACI-3C-01, 5-ACI-3C-02, 5-ACI-3C-03,

5-ACI-3C-05, 5-ACI-3C-06, 5-ACI-3C-07, 5-ACI-3C-08, 5-ACI-3C-09, 5-ACI-3C-10, 5-ACI-3C-11, 5-ACI-3C-

12, 5-ACI-3C-13, 5-ACI-3C-14, 5-ACI-3C-15, 5-ACI-3C-16, 5-ACI-3C-17, 5-ACI-3C-18, 5-ACI-3C-19, 5-ACI-

3C-20, 5-ACI-3C-21, 5-ACI-3C-22, 5-ACI-3C-23, 5-ACI-4A-06, 5-ACI-4A-09, and 5-ACI-4B-07

PURPOSE

The Arizona Department of Corrections, Rehabilitation and Reentry (Department) maintains written rules of

inmate conduct, penalties, and procedures for violations which are communicated to all inmates and staff.

These rules mirror the state’s criminal code to the greatest extent possible. Disciplinary procedures are carried

out promptly and are an administrative process which serves as an alternative to criminal charges with

adherence to due process requirements.

PROCEDURES

1.0 GENERAL REQUIREMENTS

1.1 The Warden at each Reception Center shall ensure information regarding the disciplinary process

is included during intake.

1.1.1 Wardens shall ensure copies of this Department Order are made available in all Inmate

Resource Centers/libraries, in both English and Spanish.

1.2 Penalties imposed on inmates shall be fair, reasonable and approximate to community

standards. As a foundational element of inmate rehabilitation, the Department operates its

prisons with consequences for criminal violations as those in free society. To this end, rule

violations are aligned with the applicable criminal code so that the seriousness of the violation

reflects underlying community norms and values and results in comparable consequences. The

Department also recognizes the impact of minor community violations (i.e.,

possession/consumption of alcohol) have a far greater impact in a correctional setting.

1.3 Confidential information shall be restricted throughout the disciplinary process in accordance

with Department Order #901, Inmate Records Information and Court Action.

1.4 Commission of any rule violation, which is also a violation of criminal law, may result in referral

of the case to the appropriate court or law enforcement agency for consideration for prosecution

of the case. {5-ACI-3C-06}

1.4.1 Inmates are subject to all laws of the United States, the State of Arizona, and the

county and municipality in which they are incarcerated. Inmates violating any law may

be charged and prosecuted for violation in the appropriate federal, state or local court.

1.4.2 The filing of charges in a judicial court for the violation of local, state or federal laws

does not prevent the administrative processing of the same act as a disciplinary matter

or the filing of a disciplinary action against the inmate.

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1.5 Staff Assistants shall be assigned when a charged inmate is illiterate, does not understand

English or when the complexity of the issue makes it unlikely the inmate will be able to collect

and present evidence. Staff Assistants are assigned for the sole purpose of helping inmates

understand the charges against them, the Disciplinary Hearing process, the process for

presenting their version of the charges, and the process to appeal. {5-ACI-3C-18}

1.5.1 Staff Assistants shall:

1.5.1.1 Not act on behalf of, or serve as advocates for inmates. Inmates may not

act as Staff Assistants.

1.5.1.2 Be appointed by the unit Deputy Warden.

1.5.1.3 Have the rank or equivalent rank of Correctional Officer (CO) III or above.

1.5.1.4 Be familiar with Department policy and procedures.

1.5.1.5 Not hold the position of Disciplinary Coordinator or Disciplinary Hearing

Officer.

1.5.2 Inmates do not have the right to legal counsel in the Disciplinary Hearing process.

1.5.3 The Disciplinary Coordinator and the Disciplinary Hearing Officer shall be responsible

for the assignment of a Staff Assistant. A current list of Staff Assistants shall be

maintained by the Disciplinary Coordinator, made readily available to the Disciplinary

Hearing Officer, and posted on the inmate bulletin board. [Revision – December 3,

2022]

1.5.3.1 When an inmate requires the use of a translator (either sign language or

foreign language) the Staff Assistant and the interpreter shall work

together to ensure the inmate understands the charge, the disciplinary

process, their rights and responsibilities, and the possible penalties.

1.5.4 If, during the disciplinary process, an inmate exhibits behavior that indicates a mental

health assessment is needed to determine if the inmate’s current mental state makes

him/her incapable of understanding the proceedings:

1.5.4.1 The hearing shall be adjourned.

1.5.4.2 The Disciplinary Hearing Officer shall refer the inmate to Mental Health for

evaluation. Mental Health shall assign a Qualified Mental Health

Professional (QMHP) to conduct a mental health assessment.

1.5.4.3 The QMHP shall determine if the inmate understands the nature of the

proceedings, pending charges and possible sanctions, and is capable of

proceeding. If the assigned QMHP determines the inmate is capable to

proceed, then the hearing shall proceed.

1.5.4.3.1 The Disciplinary Coordinator shall note on the Arizona

Correctional Information System (ACIS) Disciplinary Hearing

Coordinator Review screen that the inmate was determined

capable by the QMHP. Staff may utilize the Inmate Discipline

- Investigative Report, Form 803-8; however, this information

shall be transferred or uploaded to the appropriate ACIS

screen.

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1.5.4.3.2 If the assigned QMHP determines the inmate is not capable

to proceed, then the hearing shall be adjourned pending

further evaluation.

1.5.4.3.2.1 Mental Health shall review the inmate’s

status every 30 calendar days and inform the

Disciplinary Coordinator immediately upon

determining whether the inmate is capable to

proceed.

1.6 To avoid time frame violations, a case may be postponed with the justification and approval of

the unit Deputy Warden.

1.7 An inmate shall be placed in Disciplinary Detention for a rule violation only after a Disciplinary

Hearing, except if noted in section 2.0. {5-ACI-4A-06}

2.0 PRE-HEARING DETENTION

2.1 The Chief of Security or designee may place an inmate in pre-hearing detention at a Complex

Detention Unit (CDU) when charged with Class A, B or C violations and an investigation is

required using the Assignment to Investigative Detention/Form No. 2A, Form 803-7. Inmates

shall receive verbal notification of the reasons for detention at the time of their initial placement

immediately following the rule violation. {5-ACI-3C-10}

2.2 The unit Deputy Warden or designee shall review the inmate’s pre-hearing status by the end of

the next workday after admission to the CDU. The unit Deputy Warden or designee may retain

the inmate in detention or authorize the inmate’s release back into general population. {5-ACI-

3C-10}

2.3 Inmates in pre-hearing detention shall be afforded privileges as outlined in Department Order

#804, Inmate Behavior Control.

2.4 Inmates held in pre-hearing detention pending an investigation for a rule violation or pending a

Disciplinary Hearing shall have their status reviewed every 30 calendar days by the Warden or

designated Deputy Warden. Extensions of pre-hearing detention shall be made in writing at the

end of each 30 calendar day period and provided to the Warden and the Assistant Director for

Prison Operations. {5-ACI-4A-09}

2.4.1 Any time served in pre-hearing detention shall be credited to the determinant

Restrictive Housing Sanction. {5-ACI-4B-07}

3.0 FILING AND DISPOSITION OF DISCIPLINARY REPORTS

3.1 Any Department employee, contractor or private prison employee (staff member) may file an

Inmate Disciplinary Report, Form 803-1, for any conduct listed in the Rule Violations,

Attachment A. {5-ACI-3C-07}

3.2 An Inmate Disciplinary Report form shall contain only one violation per incident with a full

explanation of supporting facts. The violation charged shall be the one with the highest severity.

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3.3 Staff initiating the Inmate Disciplinary Report form shall complete the first portion of the form

within 24 hours of a determination that a violation may have occurred, or within 24 hours of

an investigation being completed. The contents of the report shall include: {5-ACI-3C-08}

3.3.1 The number, class and violation as listed in Attachment A.

3.3.2 The date, time and specific location of the alleged violation.

3.3.3 A detailed description of the conduct that constitutes the violation.

3.3.3.1 If an Assault on Staff (02A, 03B or 04B), the individual shall document

the name and Inmate Identification Number (ADCRR number) of the

charged inmate and the names and ADCRR numbers of any other inmates

who participated in the staff assault incident.

3.3.4 The names of any staff witnesses.

3.3.5 The names and ADCRR numbers of any inmate witnesses when disclosure would not

compromise the safety and security of the inmate.

3.3.6 The date and time the report is written.

3.3.7 The date, time, name and rank of the staff member who advised the inmate of the

pending disciplinary charge.

3.3.8 The signature, rank, and Arizona State Identification (SID) Number of the staff member

writing the report. All signatures shall be legible and include the printed last name of

the staff member underneath or next to the signature.

3.3.9 Any of the following that apply:

3.3.9.1 A description and location of any physical evidence

3.3.9.2 A description of any force used by the inmate or staff

3.3.9.3 Any immediate corrective action taken

3.3.9.4 Any unusual inmate behavior

3.3.9.5 Witnesses

3.4 Staff shall complete and submit the Inmate Disciplinary Report to the on-duty shift supervisor.

The supervisor shall: {5-ACI-3C-07}

3.4.1 Review the report for content to ensure appropriateness of the charge.

3.4.2 Return the report to the individual for correction, if it is not completed properly.

3.4.3 Sign the report prior to submitting it to the Disciplinary Coordinator.

3.5 The Disciplinary Coordinator shall create an event in ACIS, and add the violation. ACIS will

generate a case tracking number, which identifies the Inmate Disciplinary Report form

throughout the process.

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3.6 When an inmate is in a Temporary Release status (i.e., hospitalized, escape, judicial or other

assignment), the period between a disciplinary violation and the serving of charges shall begin

when the inmate physically returns to Department custody.

4.0 INVESTIGATIONS AND CONFIDENTIAL INFORMANTS

4.1 Investigation of Charges – The Disciplinary Coordinator shall gather evidence and initiate an

objective investigation of the charge within 24 hours of receipt of the Inmate Disciplinary

Report, which shall be completed without delay. Any delay longer than five workdays shall be

explained in the appropriate section of the disciplinary packet. {5-ACI-3C-09}

4.1.1 The Disciplinary Coordinator shall: {5-ACI-3C-16} {5-ACI-3C-17}

4.1.1.1 Obtain the inmate’s version of the violation using the Inmate Discipline -

Investigative Report form, and contact any staff member or inmates who,

in the Disciplinary Coordinator’s judgment, may have information

pertaining to the allegation and charge.

4.1.1.2 Omit from the report any opinions regarding the innocence or guilt of the

charged inmate.

4.1.1.3 Document the inmate’s requested witnesses on the Inmate Discipline -

Witness Request/Statement/Refusal, Form 803-3.

4.1.1.4 Obtain from the inmate a summary of expected testimony of a requested

witness, as a condition of the witness being contacted. The Disciplinary

Coordinator shall also obtain and document any relevant questions the

inmate may want the witness to be asked.

4.1.1.5 Interview relevant inmate and staff witnesses, and request all witnesses

to complete an Inmate Discipline - Witness Request /Statement/Refusal

form. A reason shall be entered on the Inmate Discipline - Investigative

Report form if witnesses are not contacted or refuse to complete a

statement form. Staff witnesses requested by the inmate shall not refuse

to answer relevant inmate questions or complete a statement form.

4.2 Confidential Informants and Confidential Information Reliability Assessment Questionnaires

(CIRAQ), Form 801-3

4.2.1 When confidential information is admitted in a disciplinary case, information provided

by a confidential informant may only be considered as evidence when:

4.2.1.1 Staff reasonably concludes the information provided by the confidential

informant is reliable; and

4.2.1.2 The Disciplinary Hearing Officer finds that safety considerations prevent

the disclosure of the informant’s name.

4.2.2 If a discipline case is based in part on confidential information, the information shall

be presented to the Disciplinary Hearing Officer in written form only on the CIRAQ.

The Disciplinary Coordinator shall ensure a completed CIRAQ is included in the

disciplinary packet for each confidential informant, or confidential source relied upon

(i.e., tape recording and video recordings).

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4.2.2.1 The use of a CIRAQ cannot be the only evidence used to convict an inmate

of a violation. Some other corroborating evidence must exist.

4.2.3 Any supporting documentation containing information of a confidential nature related

to the CIRAQ(s) included in a case shall be attached and clearly stamped,

“CONFIDENTIAL.”

4.2.4 When CIRAQ(s) are used in a disciplinary case, the Disciplinary Coordinator shall

review the Inmate Disciplinary Report form to ensure it contains a statement notifying

the charged inmate that although confidential information will be presented to the

Disciplinary Hearing Officer, the inmate shall not have access to the confidential

information.

4.2.4.1 A staff member may not be a confidential source.

4.2.5 If the Disciplinary Coordinator finds that notification of any of the above information

would tend to identify the confidential source, the information may be omitted from

the Inmate Disciplinary Report form.

4.2.5.1 When specific facts are omitted from the Inmate Disciplinary Report form,

an explanation documenting the reason for the omission shall be contained

in the CIRAQ.

4.2.5.2 Failure to document the basis for omitting facts shall result in the case

being returned by the Disciplinary Hearing Officer to the institution for

inclusion of the information or a re-hearing ordered with the inmate

receiving the information in order to prepare a defense.

4.2.5.3 If a re-hearing is ordered, it shall be completed within 60 calendar days

from the date it was returned to the Disciplinary Hearing Officer.

4.3 Assessing Reliability of the CIRAQ

4.3.1 The CIRAQ shall contain the following information:

4.3.1.1 The identity of the staff member conducting the investigation.

4.3.1.2 A description of the source as it relates to the Department. For example,

CI #001 is an inmate assigned to the Department and Exhibit A is a

transcription of a recorded telephone conversation, which occurred on

(date).

4.3.1.3 The specific information each source gave in language, which is factual

(and verbatim when possible, documented using quotation marks) rather

than conclusionary.

4.3.2 Staff completing the CIRAQ shall establish reliability of the informant in the CIRAQ as

follows:

4.3.2.1 The confidential informant has been proven reliable in the past. If this is

the basis, the Disciplinary Hearing Officer shall be provided a synopsis

outlining the past reliability and reference(s) to the other case(s) which

shall be provided in the CIRAQ.

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4.3.2.2 The confidential informant was an eyewitness. The report shall specifically

state where the source claims to have been when he/she witnessed the

incident being reported. Any corroborating evidence or information from

other sources should be included to assist in establishing reliability on this

basis.

4.3.2.3 The confidential informant has first-hand knowledge from the accused.

4.3.3 After the staff determines reliability of the informant, the Disciplinary Hearing Officer

shall then determine the credibility of the information, by one of the following:

4.3.3.1 The information provided by the confidential informant is corroborated by

statements and/or information from other confidential informants.

4.3.3.2 There is physical evidence or staff testimony which corroborates the

confidential informant’s information.

4.3.4 When confidential information or an informant is relied upon for evidence, Disciplinary

Hearing Officers shall document in the findings on the Result of Disciplinary Hearing

form that he/she has relied on information from a confidential source and a separate

CIRAQ has been completed.

4.3.5 The Disciplinary Hearing Officer’s finding of guilt shall contain a statement detailing

what evidence was relied upon which specifically supports the finding of guilt the

confidential source(s) supplied and why the information was deemed reliable and

credible.

4.3.6 All confidential information shall be stamped confidential on every page and contain

the case number.

5.0 CLASS A AND CLASS B VIOLATIONS {5-ACI-3C-01}

5.1 All Class A violations shall be referred to the Disciplinary Hearing Officer. Class B violations,

when applicable sanctions rise to the level of a major violation, shall be handled by the

Disciplinary Hearing Officer.

5.2 Class B violations, when applicable sanctions do not rise to the level of a major violation, shall

be handled by the Disciplinary Coordinator. Any Class B violation heard at the Disciplinary

Hearing Officer level shall be addressed as outlined in section 6.0. However, the penalties shall

not be less than those identified for Class B sanctions listed in Attachment B, except the

Disciplinary Coordinator may not assess any Earned Release Credit forfeiture or Parole Class III.

5.3 The Disciplinary Coordinator shall: {5-ACI-3C-13}:

5.3.1 Review the Inmate Disciplinary Report form and ensure all charges have been

thoroughly investigated.

5.3.2 Schedule a hearing within seven workdays of the violation filing date, except when a

postponement has been obtained.

5.3.3 Consider appropriateness of the charge consistent with all information in the Inmate

Disciplinary Report form or return it to the appropriate supervisor for action.

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5.3.4 Serve the charge in writing to the inmate no later than 48 hours before the hearing. If

the inmate cannot read, the Disciplinary Coordinator shall read the charge to the

inmate and/or arrange for an interpreter to do so, when applicable. {5-ACI-3C-11} {5-

ACI-3C-12}

5.3.4.1 The inmate shall sign the Inmate Disciplinary Report form, Delivery of

Charge section, and a staff member shall sign as the witness to the

signature. If the inmate refuses or is unable to sign the form, the staff

member shall specifically note this on the form and a second staff member

shall sign as the witness for the inmate’s refusal to sign.

5.3.5 Determine whether the inmate understands the charge, and his/her right to request a

Staff Assistant.

5.3.6 Record on the ACIS Disciplinary Hearing Coordinator Review Screen the date, time,

place and name of the person who served the written charge on the inmate. Staff may

utilize the Inmate Disciplinary Report, Form 803-1, Section II; however, this

information shall be transferred or uploaded to the appropriate ACIS screen.

5.3.7 Require the inmate be given at least 48 hours from the time the charge is served to

prepare for the Disciplinary Hearing, to include the submittal of the witness

statements, unless the 48 hour notice is waived in writing by the inmate. {5-ACI-3C-

11} {5-ACI-3C-16}

5.3.8 Before the hearing, advise the inmate to provide a written request for the appearance

of witnesses to state in writing what testimony he/she expects each witness to

provide at the hearing to the Disciplinary Coordinator, unless the hearing is being

addressed by the Disciplinary Coordinator as provided for in section 5.2.

5.3.8.1 The Disciplinary Coordinator shall provide questions for each witness to

the Disciplinary Hearing Officer at the time of the hearing.

5.3.9 Prepare a Disciplinary File, which includes the Inmate Disciplinary Report form with all

sections completed, a list of evidence, witness names, and written witness

statements, and submit it to the Disciplinary Hearing Officer. This information should

be entered into ACIS.

5.3.9.1 If an inmate is transferred to another facility pending the hearing, the

sending unit’s Disciplinary Coordinator shall be responsible for uploading

all supporting documentation into ACIS within the inmate’s disciplinary

case. ACIS will automatically transfer the case to the receiving unit’s

Disciplinary Coordinator for disposition.

6.0 CLASS C VIOLATIONS {5-ACI-3C-01}

6.1 Class C Violations are Department Rule Violations (as listed in Attachment A)

6.1.1 Class C violations shall be referred to the Disciplinary Coordinator and disposed of

within seven workdays of the filing date of the violation. {5-ACI-3C-05}

6.1.2 The Warden shall appoint Disciplinary Coordinators sufficient in number to manage

the volume of cases of each complex. The disposition of Class C violations shall be

the responsibility of the Disciplinary Coordinator. The Disciplinary Coordinator shall:

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6.1.2.1 Meet with the inmate.

6.1.2.2 Determine whether the inmate has been properly charged or to amend the

charge.

6.1.2.3 Conduct an investigation, if necessary.

6.1.2.4 Interview the inmate and obtain witness statements from other inmates or

staff.

6.1.2.5 Decide whether to resolve the violation informally or formally.

6.1.2.6 Determine whether any penalties are appropriate.

6.1.2.7 Advise the inmate of all disciplinary appeal rights.

6.1.2.8 Document the resolution on the ACIS Disciplinary Hearing Coordinator

Review screen. Staff may utilize the Inmate Disciplinary Report form,

Section IV; however, this information shall be transferred or uploaded to

the appropriate ACIS screen.

6.1.2.9 Upload documentation into ACIS.

6.1.3 Penalties for Class C Violations – The Disciplinary Coordinator may dismiss the

charges, resolve the matter informally, or assess penalties for Class C violations as

listed in Attachment B. In addition, the Disciplinary Coordinator may:

6.1.3.1 Order the confiscation and return of property that belongs to another

inmate, staff member, other person or the state that is found in an inmate’s

possession without proper authorization.

6.1.3.2 Refer the inmate to his/her assigned CO III for additional restrictions

consistent with the inmate’s phase.

6.1.3.3 Order confiscation and forfeiture of contraband money and property, in

accordance with Department Order #909, Inmate Property.

6.1.4 Class C violations for which restitution is being requested shall be treated as a Class

A or B violation in which the same level process should be afforded the inmate.

7.0 DISCIPLINARY HEARINGS {5-ACI-3C-02} {5-ACI-3C-19}

7.1 The Warden shall appoint a staff member to act as Disciplinary Hearing Officer for each

complex. The Disciplinary Hearing Officer shall be a Grade 20 or greater. An individual shall be

excluded from sitting as a Disciplinary Hearing Officer for a specific hearing in any of the

following circumstances: {5-ACI-3C-05} {5-ACI-3C-15} [Revision – December 3, 2022]

7.1.1 The staff member is the individual who wrote the Inmate Disciplinary Report form,

which is to be heard.

7.1.2 The staff member was directly involved in conducting the investigation before the

hearing.

7.1.3 The staff member is unable to be fair and impartial when hearing the case.

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7.2 Disciplinary hearings shall be held as often as required to ensure disciplinary violations are

processed in a timely manner.

7.3 The Disciplinary Hearing Officer shall prioritize all pending Inmate Disciplinary Report forms by

class to ensure serious rule violations are given priority.

7.4 Disciplinary hearings shall be held no more than seven workdays after the date the violation

was filed. If a hearing cannot be held within seven workdays, the Disciplinary Coordinator shall

supply a Postponement Memorandum explaining the reasons a continuance is needed. The

Warden, Deputy Warden or designee’s approval is required for all postponement requests more

than seven workdays. {5-ACI-3C-14}

7.5 All re-hearings shall be held within 60 calendar days of the date the re-hearing was requested.

If a hearing cannot be held within 60 calendar days, the Disciplinary Coordinator shall supply a

Postponement Memorandum explaining the reasons a continuance is needed. The Warden,

Deputy Warden or designee’s approval is required for all postponement requests, which extend

more than 60 calendar days.

7.6 The ACIS data regarding the inmate’s disciplinary history shall be available to the Disciplinary

Hearing Officer during the Disciplinary Hearing and may be considered in assessing any

penalties.

7.7 Upon receipt of an Inmate Disciplinary Report form, the Disciplinary Hearing Officer shall:

7.7.1 Review the case for completeness and compliance, including:

7.7.1.1 Properly written and completed reports and forms.

7.7.1.2 All actions within time frames allowed.

7.7.1.3 Conflicts in statements between written reports resolved.

7.7.1.4 ACIS report included.

7.7.1.5 CIRAQ included, if applicable.

7.7.1.6 Inmate cited for the appropriate charge for the violation.

7.7.1.7 Determine if witnesses are to be called or if written statements are

sufficient.

7.7.1.8 Decide whether the charging officer shall be called.

7.7.1.9 If it is a violation for Assault on Staff (02A, 03B, or 04B) ensure all inmates

who participated in the assault are listed (name and ADC number in the

description).

7.7.1.10 If it is a violation for 02A, Assault on Staff that involved Serious Injury,

list the staff member(s) who were seriously injured. (See the Glossary of

Terms for definition of “Serious Injury.”)

7.7.2 If not complete, direct the Disciplinary Coordinator to make appropriate changes and/or

adjustments.

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7.7.3 If complete, proceed with the scheduled hearing, based on priority of the case (Class

A, B, and then C). Hearings shall be held no more than seven workdays after the date

the violation was filed. If a hearing cannot be held within seven workdays, the

Disciplinary Coordinator shall supply a Postponement Memorandum explaining the

reasons a continuance is needed. {5-ACI-3C-14} [Revision – December 3, 2022]

7.8 The Disciplinary Hearing Officer shall conduct the hearing as follows:

7.8.1 Record the date and time of the hearing.

7.8.2 Verify the inmate’s name and ADCRR Number by face to identification card

comparison.

7.8.3 Read the charge and ask if the inmate understands the charge, and provide the inmate

with the opportunity to present any all evidence as to why any of the applicable

penalties, including, but not limited to, restitution, should not be imposed. The

Disciplinary Hearing Officer may modify the charge at the hearing provided the new

charge is a lesser or equivalent charge which has one or more elements of the titled

charge. The modification shall be noted on the record.

7.8.4 Determine if the inmate requires a Staff Assistant at the hearing. The Disciplinary

Hearing Officer may allow time for consultation between the inmate and designated

Staff Assistant.

7.8.5 Explain the range of possible penalties which may be imposed in the event of a guilty

finding.

7.8.6 Ask whether the inmate pleads guilty or not guilty.

7.8.6.1 If the inmate pleads guilty, no further evidence needs to be heard. The

inmate may offer a statement concerning mitigating circumstances for the

Disciplinary Hearing Officer to consider when determining penalties.

7.8.6.2 If the inmate refuses or fails to enter a plea, a “no plea” shall be entered

and treated as not guilty.

7.8.6.3 If the inmate pleads not guilty, evidence shall be presented, including

appropriate staff or inmate testimony or written statements. The inmate

may make a closing statement concerning the misconduct for the

Disciplinary Hearing Officer to consider.

7.9 The Disciplinary Hearing Officer shall determine whether to call staff or inmate witnesses to

appear at the proceedings or whether written witness statements are adequate or necessary.

7.9.1 The inmate shall present to the Disciplinary Coordinator, in writing, all proposed

questions for each witness he/she wishes to call.

7.9.2 Live testimony of inmate witnesses is not required. If live testimony is permitted, the

Disciplinary Hearing Officer shall not permit the inmate to directly question the

witness. The Disciplinary Hearing Officer shall conduct the questioning if he/she

determines the questions are appropriate and relevant. The questions the inmate

wishes to ask shall be submitted by the Disciplinary Coordinator in writing to the

Disciplinary Hearing Officer for review.

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7.9.3 When an inmate is at another facility, a written statement may be taken. Statements

taken from inmates at another facility or who are not present at the hearing shall be

made known to the inmate (unless confidential as defined in section 4.0), at least 48

hours prior to the hearing, so he/she may respond on the record.

7.9.4 The Disciplinary Hearing Officer shall retain in the disciplinary packet any questions

that were determined as neither appropriate nor relevant.

7.9.5 The Disciplinary Hearing Officer may determine not to call a witness if the witness

would be subject to a risk of reprisal, undermine authority or otherwise present a

threat to the security or order of the institution, or, if the Disciplinary Hearing Officer

reasonably believes the witness’ testimony would be irrelevant, immaterial or

repetitive. The Disciplinary Hearing Officer shall document the reason for the exclusion

of any witness.

7.9.6 Although there is no maximum number of witnesses an inmate may call, the

Disciplinary Hearing Officer may limit the number based on a reasonable belief the

witness testimony would be repetitive testimony, irrelevant or an undue hazard to

institutional safety.

7.9.7 Character witness evidence is not relevant in a Disciplinary Hearing and shall not be

permitted.

7.9.8 The Disciplinary Hearing Officer may elect to call the charging officer as a witness to

clarify any portions of the Inmate Disciplinary Report form.

7.9.9 The Disciplinary Hearing Officer may remove witnesses whose conduct interferes with

the hearing.

7.10 All evidence used at the hearing shall be made known to the inmate, except the Disciplinary

Hearing Officer may decide to withhold from disclosure specific information if the disclosure

would endanger the safety or well-being of another person. The Disciplinary Hearing Officer

shall note in the decision the reasons for excluding or limiting any evidence.

7.11 Persons other than the Disciplinary Hearing Officer, inmates and staff involved in the disciplinary

matter may be present in the hearing room and observe discipline hearings. Their attendance

shall be approved in advance by the Warden, Deputy Warden, Bureau Administrator or

Administrator, and shall be noted on the record. These persons may be removed from the

hearing by the Disciplinary Hearing Officer if they are disruptive.

7.12 During the course of the Hearing, the Disciplinary Hearing Officer may:

7.12.1 Offer staff assistance to the inmate and use available personnel resources, such as

Qualified Healthcare Professionals (QHCPs) or QMHPs as consultants.

7.12.2 Postpone a hearing for good cause. The reasons for postponement shall be included

in the file. The Warden, Deputy Warden, Bureau Administrator or Administrator shall

determine whether to approve a postponement. Postponements shall not exceed 28

calendar days. {5-ACI-3C-14}

7.12.3 Postpone the hearing and return the Disciplinary File to the Disciplinary Coordinator if

the titled charge needs to be modified to a different charge with different elements

than the current rule violation. The Disciplinary Hearing Officer may:

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7.12.3.1 Modify the charge and change the titled charge to a greater class charge;

however, the inmate shall be notified he/she may request an additional 48

hours to prepare a defense on the modified charge. The inmate may waive

this requirement.

7.12.3.2 Change the titled charge to a lesser or equivalent charge without ordering

a re-hearing. The lesser or equivalent charge shall have one or more of the

elements of the titled charge.

7.12.4 Postpone the hearing to request other supporting documents.

7.13 The inmate charged shall be present at the Disciplinary Hearing unless substantial reasons exist

which require his/her exclusion from the hearing. {5-ACI-3C-16}

7.13.1 If the inmate waives the right to be present or refuses to be present, the inmate shall

sign the Inmate Discipline - Hearing Waiver, Form 803-4, and a staff member shall

sign as the witness to the signature. If the inmate refuses or is unable to sign the

waiver, the staff member shall specifically note this on the form, and a second staff

member shall sign as the witness for the inmate’s refusal to sign. {5-ACI-3C-05}

7.13.2 If the inmate’s conduct disrupts the hearing, the inmate shall be removed from the

area or hearing room and the hearing shall continue without the inmate present. The

reason for the inmate’s absence shall be explained on the Result of Disciplinary Hearing

form.

7.13.3 The Disciplinary Hearing Officer shall ensure the inmate has the opportunity to provide

a statement. The statement may be verbal, written or both.

7.14 Hearing Decisions

7.14.1 The Disciplinary Hearing Officer may:

7.14.1.1 Dismiss the charge. The reason for dismissal shall be provided on the ACIS

Disciplinary Hearing Coordinator Review screen. Staff may utilize the

Result of Disciplinary Hearing form; however, this information shall be

transferred or uploaded to the appropriate ACIS screen.

7.14.1.2 Find the inmate not guilty.

7.14.1.3 Find the inmate guilty of the presented charge or a lesser one if appropriate

and impose penalties as indicated in Attachment B. As the standard of

proof for guilty findings, the trier of fact (Disciplinary Hearing Officer) shall

be persuaded by the evidence it is more probably true than not the inmate

committed the disciplinary violation.

7.14.2 Upon reaching a decision, the Disciplinary Hearing Officer shall: {5-ACI-3C-20}

7.14.2.1 Prepare a written report utilizing the ACIS Disciplinary Hearing Coordinator

Review screen. Staff may utilize the Result of Disciplinary Hearing form;

however, this information shall be transferred or uploaded to the

appropriate ACIS screen.

7.14.2.2 Determine if restitution is owed and the amount due.

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7.14.2.2.1 For restitution purposes, the inmate(s) found guilty shall be

jointly and severally liable for the full amount due.

7.14.2.2.2 The Disciplinary Hearing Officer may enter a finding that

restitution is owed and to whom, reserving the issue of the

amount of restitution owed for a future hearing pursuant to

those procedures outlined in section 8.0.

7.14.2.2.2.1 The Disciplinary Hearing Officer shall upload

documentation and add a disciplinary case

note in ACIS, noting the case number.

7.14.2.3 Inform the inmate of the decision in writing, including the penalty, and

verbally explain it.

7.14.2.4 Legibly sign the signature box on the ACIS Disciplinary Hearing Officer

Review screen.

7.14.2.4.1 Staff who indicate “signature pad not available” on the ACIS

Disciplinary Hearing Officer Review screen shall utilize the

Result of Disciplinary Hearing form; however, this

information shall be uploaded into the appropriate ACIS

screen. This is also required for inmates who have waived or

are unable to attend their hearing.

7.14.2.4.2 The inmate shall legibly sign the signature box on the ACIS

Disciplinary Hearing Officer Review screen, and staff shall

sign as the witness to the signature. Staff who indicate

“signature pad not available” on the ACIS Disciplinary

Hearing Officer Review screen shall utilize the Result of

Disciplinary Hearing form; however, this information shall be

uploaded into the appropriate ACIS screen.

7.14.2.5 Submit the hearing results to the Warden, Deputy Warden, Bureau

Administrator or Administrator for review.

8.0 RESTITUTION HEARINGS {5-ACI-3C-01}

8.1 The Department may assess costs for damage to property, theft, and any other cost related to

a violation of Department Order, investigation or disciplinary violation. The amounts assessed

should be calculated to cover any loss incurred by any person, institution, or by the Department.

8.2 A hearing is required to assess the amount of restitution. Another purpose of the hearing is to

provide the inmate an opportunity to present any and all evidence that the amount of restitution

assessed is incorrect or otherwise unreasonable. If the amount of restitution is known at the

time of the Disciplinary Hearing under section 7.0, a separate hearing is not necessary.

8.3 If, after a plea of guilty or a finding of guilt resulting from the Disciplinary Hearing, restitution

is assessed, staff shall indicate restitution is owed on the Result of Disciplinary Hearing form.

8.3.1 If the amount of restitution is known at the time of the plea or finding of guilt, the

Disciplinary Hearing Officer shall indicate the amount assessed on the Result of

Disciplinary Hearing form.

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8.3.2 If the amount of restitution is not known at the time of the Disciplinary Hearing, the

Disciplinary Hearing Officer shall indicate on the Result of Disciplinary Hearing form

that restitution is owed but the amount has not yet been determined.

8.4 Once the amount of restitution owed has been determined, the Disciplinary Coordinator shall:

8.4.1 Fill out the Notice of Restitution, Form 803-11, with the amount clearly stated. The

case number assigned to the Notice of Restitution form shall be the same as the case

number assigned to the associated disciplinary charge. However, the case number on

the Notice of Restitution shall begin with the letter “R”.

8.4.2 Schedule a hearing within seven workdays of the receipt of the restitution amount,

except when a postponement has been obtained.

8.4.3 Serve the Notice of Restitution form to the inmate no later than 48 hours before the

hearing. If the inmate cannot read, the Disciplinary Coordinator shall read the Notice

to the inmate.

8.4.4 Determine whether the inmate understands the Notice, and his/her right to request a

Staff Assistant.

8.4.5 Record in Section II of the Notice of Restitution form the date, time, place, and name

of the person who served the written Notice on the inmate.

8.4.6 Require the inmate be given at least 48 hours from the time the Notice is served to

prepare for the Restitution Hearing, to include the submittal of any witness

statements, unless the 48 hour notice is waived in writing by the inmate.

8.4.7 Before the hearing, advise the inmate to provide any and all evidence that purportedly

supports the inmate’s belief that the amount of restitution assessed is incorrect or is

otherwise unreasonable.

8.4.8 Prepare a Restitution File which includes the Notice of Restitution form with all

sections completed, a list of evidence, witness names, and written witness

statements, and submit the file to the Disciplinary Hearing Officer.

8.4.8.1 If an inmate is transferred to another facility pending the hearing, the

Notice of Restitution form and all supporting documentation shall be

forwarded to the Disciplinary Coordinator at the receiving unit for

disposition and uploading into ACIS.

8.5 Restitution Hearings

8.5.1 If restitution has been assessed as a penalty during the Disciplinary Hearing, then only

the amounts of restitution owed, and the reasonableness of the amount, are proper

subjects at the Restitution Hearing. No other matters, including the assessment of

restitution itself, shall be contested or considered.

8.5.2 The Disciplinary Hearing Officer shall conduct the hearing pursuant to the procedures

set forth in section 7.0.

8.6 Hearing Decisions

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8.6.1 The Disciplinary Hearing Officer may:

8.6.1.1 Affirm and impose the amount of restitution owed based on the evidence

presented.

8.6.1.2 Revise the amount of restitution owed based on the evidence presented.

8.6.2 Upon reaching a decision, the Disciplinary Hearing Officer shall:

8.6.2.1 Prepare a written report utilizing the Result of Restitution Hearing, Form

803-12, detailing the specific evidence relied upon to support the decision

and in determining that the standard of proof has been met.

8.6.2.2 Inform the inmate of the decision assessing the amount of restitution

owed, and verbally explain it.

8.6.2.3 Type or legibly print the name of the Disciplinary Hearing Officer on the

Result of Restitution Hearing form and sign the report.

8.6.2.4 Inform the inmate that he/she may appeal the decision of the Disciplinary

Hearing Officer in accordance with the established procedures for

disciplinary violations involving restitution outlined in this Department

Order.

8.6.2.5 Submit the results of the hearing to the Warden, Deputy Warden, Bureau

Administrator or Administrator for review.

9.0 PENALTIES FOR CLASS A AND B VIOLATIONS {5-ACI-3C-02}

9.1 The penalties which shall be imposed for disciplinary violations are outlined in Attachment B.

Class B rule violations not addressed at the Disciplinary Coordinator level shall not be outside

of the range for each class of violations.

9.2 The Disciplinary Hearing Officer may assess Earned Release Credit forfeitures beyond the five

calendar days mandated by Arizona Revised Statute (A.R.S.) for “positive” urinalysis tests or

refusal to submit to a urinalysis test.

9.3 An inmate found guilty of Violation 38B, 37B, 21B or other violation resulting in a positive

urinalysis test shall be charged the cost of the urinalysis test and any subsequent re-test based

on the number of positive results.

9.3.1 Inmates that require transport to the hospital due to substance abuse shall be charged

restitution for all medical related expenses and cost of any related staff overtime in

accordance with Department Order #905, Inmate Trust Account/Money System.

9.4 An inmate found guilty of any assault, sexual assault, or any violation involving physical harm

or serious physical injury to a staff member shall be liable for any costs incurred by the individual

including medical costs and cleaning/replacing uniforms.

9.5 An inmate found guilty of escape shall be assessed restitution for costs resulting from damage

or destruction of state property and cost of salary for all public safety employees during the

course of the escape. The inmate shall also be required to pay apprehension costs in accordance

with Department Order #905, Inmate Trust Account/Money System.

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9.6 An inmate pleading guilty to, or having been found guilty of, arson (05A), possession of a

communication device (16A), or tampering with or manipulating any locking device or door

which allows for unauthorized access (19A), shall have the penalties specific to these violations

imposed as listed in Attachment B.

9.7 Suspensions of penalties may be imposed in 30 calendar day increments up to a maximum of

90 calendar days and may be granted with the condition the inmate not be found guilty of any

other violations during the suspension period. The Disciplinary Coordinator shall explain the

reasons for the suspension in writing.

9.7.1 A Revocation of Suspended Sanctions shall be completed on the ACIS Disciplinary

Hearing Officer Review screen for Major Violations or the ACIS Disciplinary Hearing

Coordinator Review screen for Minor Violations. A Revocation of Suspended

Sentence, Form 803-9, may be utilized; however, this information shall be transferred

or uploaded to the appropriate ACIS screen.

9.7.2 A suspended penalty which is revoked shall be imposed and served consecutively to

any other penalties being served.

9.7.3 All penalties with the exception of Parole Class III may be suspended.

9.8 There shall be no stay or delay of any penalty imposed pending an appeal.

10.0 DISCIPLINARY REVIEW AND APPEAL

10.1 Review – Deputy Wardens shall respond to all findings of the Disciplinary Hearing Officer.

Following a Disciplinary Hearing conducted by a Disciplinary Hearing Officer, the assigned

Deputy Warden shall administratively review the Inmate Disciplinary Case within two workdays,

and sign the appropriate ACIS screen. This includes all reports for which an appeal has not been

filed. The review shall include, but not be limited to the following: {5-ACI-3C-22} [Revision –

December 3, 2022]

10.1.1 Verification the Inmate Disciplinary Report form was completed correctly and the

inmate was appropriately charged.

10.1.2 Examination of all documents in the record and determination that the inmate received

due process, the hearing was conducted appropriately, and there was adequacy of

proof.

10.1.3 Make a determination that the penalties assessed are appropriate for the charge and

are consistent with penalty guidelines in Attachment B. The Deputy Warden may

revise the penalties downward to the lowest penalty listed for Class B violations.

[Revision: Sections 10.1.3 through 10.1.3.1.3 – December 3, 2022]

10.1.3.1 Should the Deputy Warden determine that any Class A or Class B case

may require a rehearing, dismissal, or modification of sanctions, a memo

documenting the reason for the rehearing request and all related case

documents shall be forwarded to the Assistant Director for Prison

Operations.

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10.1.3.1.1 The Assistant Director for Prison Operations shall be

responsible for assignment of a staff member to review the

request and determine the necessity of a rehearing.

10.1.3.1.2 Upon determination that a rehearing is appropriate for the

case, the reason for the return shall be provided in writing

and uploaded into the ACIS Disciplinary case by the Reviewer

within two workdays. An email notification advising of the

approval of a rehearing shall also be sent to the Deputy

Warden.

10.1.3.1.3 For cases where a rehearing is not determined to be

appropriate, the Reviewer shall approve or dismiss the

findings of the Disciplinary Hearing Officer by completing the

Deputy Warden Review in ACIS.

10.1.3.2 Dismissals by the Disciplinary Coordinator or Disciplinary Hearing Officer

based on due process do not constitute not guilty findings. They are not

considered dismissals on the merits of the case. The inmate is not

precluded from raising due process concerns on appeal.

10.1.3.3 Cases dismissed by the Disciplinary Hearing Officer solely on the basis of

adequacy of proof may not be returned for a re-hearing by the Deputy

Warden unless new evidence is discovered. A summary of the new

evidence to be considered shall be noted by the Deputy Warden on the

Result of Disciplinary Hearing form or by an attached memo. [Revision –

December 3, 2022]

10.2 Appeals – Staff receiving an Appeal of Disciplinary Charge, Form 803-2, shall sign, date, note

the time, and provide the receipt (pink copy) to the inmate. The form shall then be submitted

to the Disciplinary Coordinator for processing to the appropriate review authority. {5-ACI-3C-

23}

10.2.1 Time frames for an appeal decision shall begin when the appellate authority or

designee receives the appeal.

10.2.2 An appeal is not a re-hearing at which new evidence may be introduced. Staff

conducting appeals shall only review the case record and file.

10.2.3 Appeals of Class B Violations, heard by the Disciplinary Coordinator and Class C

Violations - Inmates may submit an appeal of a Class C violation within 15 calendar

days of receiving the guilty finding by completing an Appeal of Disciplinary Charge

form. The Appeal form shall be submitted to the Disciplinary Hearing Officer through

the Disciplinary Coordinator.

10.2.3.1 The Disciplinary Hearing Officer shall:

10.2.3.1.1 Verify the Inmate Disciplinary Report form was completed

correctly and the inmate was appropriately charged. The

Disciplinary Hearing Officer may return the case to the

Disciplinary Coordinator to have the charge modified to the

more appropriate Class C charge based on conduct contained

in the Inmate Disciplinary Report.

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10.2.3.1.2 Review all documents in the record, including any available

video footage related to the Disciplinary Report, and

determine the inmate received due process and there was

adequate proof.

10.2.3.1.3 Determine the penalties assessed are appropriate for the

violation and consistent with the guidelines provided in

Attachment B.

10.2.3.2 The Disciplinary Hearing Officer may not increase penalties, but may revise

the penalties downward to lowest penalty listed for Class B violations.

10.2.3.3 Should the Disciplinary Hearing Officer return any case to the Disciplinary

Coordinator, the Disciplinary Hearing Officer shall provide the specific

reason(s) for the return.

10.2.3.4 The Disciplinary Hearing Officer shall:

10.2.3.4.1 Review the appeal and provide a written decision to the

inmate within 30 calendar days, using the ACIS Appeal

Review screen. Staff may utilize the Decision of Appeal, Form

803-6; however, this information shall be transferred or

uploaded to the appropriate ACIS screen.

10.2.3.4.2 Address all issues raised in the appeal and review all

documents in the record. The reasons for the decision shall

be specified. The decision shall be signed and dated. The

decision shall be returned to the inmate through the

Disciplinary Coordinator.

10.2.3.5 For Class C violations or Class B violations heard by the Disciplinary

Coordinator, the Disciplinary Hearing Officer’s appeal decision is final and

administrative remedies shall be considered exhausted with the

Disciplinary Hearing Officer’s decision.

10.2.4 First Level Appeals of Class A and B Violations – Inmates may submit an appeal of a

Class A and B violation within 15 calendar days of receiving the guilty findings using

an Appeal of Disciplinary Charge form or an Appeal form designated for that purpose.

The staff member assigned to review appeals as designated by the Assistant Director

for Prison Operations (Reviewer) shall consider whether due process was afforded the

inmate, there was adequate proof, and the penalties were assessed appropriately.

10.2.4.1 The Reviewer may:

10.2.4.1.1 Return the case to the Disciplinary Hearing Officer for re-

hearing if the original violation should be modified to a lesser

or equivalent violation which does not contain elements of

the original violation.

10.2.4.1.2 Modify the original violation to a lesser or equivalent violation

without ordering a re-hearing, if the lesser or equivalent

violation contains one or more of the elements of the original

violation.

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10.2.4.1.3 Approve the findings of the Disciplinary Hearing Officer.

10.2.4.1.4 Dismiss the case. The reason for the dismissal must be

recorded.

10.2.4.1.5 Dismiss the case upon determining due process was not met.

Dismissals based on due process violations do not constitute

not guilty findings. They are not considered dismissals on the

merits of the case.

10.2.4.2 A case dismissed on appeal at the Reviewer level may not be returned for

a re-hearing.

10.2.4.3 The Reviewer shall determine whether the penalties assessed are

appropriate for the charge and consistent with other similar violations. The

Reviewer may not increase penalties, but may revise the penalties

downward to lowest penalty listed for Class B violations.

10.2.4.4 Should the Reviewer return any case to the Disciplinary Hearing Officer,

the Reviewer shall provide the specific reason(s) for the return.

10.2.4.5 The Reviewer shall review the appeal and provide a written decision to the

inmate within 30 calendar days, using the ACIS Appeal Review screen.

The reasons for the decision shall be specified. The decision shall be signed

and dated. The decision shall be returned to the inmate through the

Disciplinary Coordinator. [Revision – December 3, 2022]

10.2.4.5.1 The Reviewer may utilize the Decision of Appeal form;

however, this information shall be transferred or uploaded to

the appropriate ACIS screen.

10.2.4.6 Cases returned for re-hearing do not require the assignment of a new

Disciplinary Hearing Officer.

10.2.5 Second Level Appeals to the General Counsel – An inmate who rejects the Reviewer

response to the first level appeal may submit a second level appeal within five calendar

days of receiving the Step One decision, using the Appeal of Disciplinary Charge form,

through the Disciplinary Coordinator’s Office, who shall submit the packet to the

Appeals Unit at the General Counsel’s level through ACIS. A second level appeal shall

not include matters not previously raised by inmate in the first level appeal.

10.2.5.1 The General Counsel or designee shall:

10.2.5.1.1 Consider the appeal’s merits based upon whether the inmate

received due process, there was adequacy of proof, and the

penalties assessed were appropriate.

10.2.5.1.2 Verify the Inmate Disciplinary Report form was completed

correctly and the inmate was appropriately charged. The

General Counsel or designee may not change the titled

charge to a greater charge, but may change the charge to a

lesser or equivalent charge without ordering a re-hearing. The

lesser or equivalent charge must have one or more of the

elements of the titled charge. [Revision – December 3, 2022]

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10.2.5.2 The General Counsel or designee may:

10.2.5.2.1 Approve the findings of the first level appeal.

10.2.5.2.2 Dismiss the case on appeal.

10.2.5.2.3 Dismiss the case upon determining the inmate did not receive

adequate due process. Dismissals based on due process

violations do not constitute not guilty findings. They are not

considered dismissals on the merits of the case.

10.2.5.3 A case dismissed on appeal at the General Counsel level based solely on

adequacy of proof is not subject to re-hearing.

10.2.5.4 The General Counsel or designee shall:

10.2.5.4.1 Determine the penalties assessed are appropriate for the

charge and consistent with other similar violations. The

General Counsel or designee may not add or increase

penalties, but may revise the penalties downward to

whatever extent deemed appropriate.

10.2.5.4.2 Utilizing the ACIS Appeal Review screen, provide a written

decision to the inmate within 30 calendar days after receiving

the Appeal request. The decision shall be signed and dated.

The decision shall be returned to the inmate through the

Disciplinary Coordinator.

10.2.5.5 The decision of the General Counsel or designee is final and all

administrative remedies shall be considered exhausted with the second

level appeal.

11.0 RESTITUTION REVIEW AND APPEAL

11.1 Review – No later than two workdays following a restitution hearing conducted by a Disciplinary

Hearing Officer, the staff member assigned by the Assistant Director for Prison Operations

(Reviewer) shall administratively review the Notice of Restitution form. This includes all reports

for which an appeal has not been filed. The review shall include, but is not limited to, the

following:

11.1.1 Verification of the Notice of Restitution form was completed correctly and that the

amount of restitution was appropriately assessed.

11.1.2 Examination of all documents in the record and determination that the inmate received

due process, the hearing was conducted appropriately, and the burden of proof was

met.

11.2 Appeals – Staff receiving an Appeal of Restitution Owed, Form 803-13, shall sign, date, note

the time, and provide the receipt (pink copy) to the inmate. The form shall then be submitted

to the Disciplinary Coordinator for processing to the appropriate review authority. {5-ACI-3C-

23}

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11.2.1 Time frames for an appeal decision shall begin when the appellate authority or

designee receives the appeal.

11.2.2 An appeal is not a re-hearing at which new evidence may be introduced. Staff

conducting appeals shall only review the case record and file.

11.2.3 First Level Appeals for Appeals of all Restitution Hearings – Inmates may submit an

appeal of a Restitution Hearing within five calendar days of receiving the guilty findings

using an Appeal of Restitution Owed form or an Appeal form designated for that

purpose. The Reviewer shall consider whether due process was afforded the inmate;

there was adequate proof, and whether the penalties were assessed appropriately.

11.2.3.1 The Reviewer may:

11.2.3.1.1 Modify the original amount of restitution owed, if reasonably

supported by the evidence.

11.2.3.1.2 Approve the findings of the Disciplinary Hearing Officer.

11.2.3.2 The Reviewer shall:

11.2.3.2.1 Determine whether the amount of restitution assessed is

appropriate for the charge and consistent with similar

restitution hearings. The Reviewer may not increase the

amount of restitution owed but may reduce the amount to

the lowest amount reasonably supported by the evidence.

11.2.3.2.2 Review the appeal and provide a written decision to the

inmate within 20 calendar days, using the Decision of Appeal

form. The reasons for the decision shall be specified. The

decision shall be signed and dated. The decision shall be

returned to the inmate through the Disciplinary Coordinator.

11.2.3.3 The General Counsel or designee shall:

11.2.3.3.1 Consider the appeal’s merits based upon whether the inmate

received due process, there was adequacy of proof, and that

the restitution was assessed appropriately.

11.2.3.3.2 Verify the Notice of Restitution Hearing form was completed

correctly and the inmate was assessed the appropriate

amount of restitution. The General Counsel or designee may

not increase the amount of restitution owed but may reduce

the amount to the lowest amount reasonably supported by

the evidence.

11.2.3.4 The General Counsel or designee may:

11.2.3.4.1 Approve the findings of the Reviewer.

11.2.3.4.2 Reduce the amount of restitution owed consistent with the

evidence contained in the record.

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11.2.3.4.3 Return the case to the Reviewer for re-hearing upon finding

that the inmate did not receive adequate due process.

11.2.3.5 The General Counsel or designee shall:

11.2.3.5.1 Determine that the amount of restitution owed is appropriate

and consistent with the results of similar restitution hearings.

11.2.3.5.2 Provide a written decision to the inmate within 30 calendar

days. The decision shall be signed and dated. The decision

shall be returned to the inmate through the Disciplinary

Coordinator.

11.2.3.6 The decision of the General Counsel or designee is final and all

administrative remedies shall be considered exhausted with the Step Two

Appeal.

12.0 VEXATIOUS GRIEVANCES AND VEXATIOUS GRIEVANT DESIGNATION – An inmate found guilty of

Disciplinary Violation 17A, Filing Of Vexatious Grievances, specified on Attachment A shall be

designated as a vexatious grievant in accordance with this section. The grievances of inmates after

receiving the Vexatious Grievant designation shall be in accordance with Department Order #802,

Inmate Grievance Procedure.

12.1 Department employees, contractors or private prison employees shall:

12.1.1 Use the Vexatious Grievant definition in the Glossary of Terms and the 17A description

to determine if an inmate is filing vexatious grievances.

12.1.2 If determining the inmate has abused the Inmate Grievance process by filing vexatious

grievances, initiate an Inmate Disciplinary Report form, citing 17A.

12.1.2.1 The filing of even one grievance meeting the Vexatious Grievant definition

may subject the inmate to disciplinary action in accordance with this

Department Order.

12.2 Inmates may appeal the 17A Disciplinary Violation in accordance with the appeal process

outlined in section 10.2.

12.2.1 If the inmate fails to initiate the appeal, the Disciplinary Coordinator shall note the

designation on the appropriate ACIS screen and provide a copy of the Result of

Disciplinary Hearing form to the CO III and the CO IV Grievance Coordinator.

12.2.1.1 The unit CO IV Grievance Coordinator shall include the form in the inmate’s

Grievance Record maintained in accordance with this Department Order.

12.2.2 If the 17A Disciplinary Violation finding was upheld during the appeal process and the

inmate has exhausted all administrative remedies, the Disciplinary Coordinator shall

note the designation on the appropriate ACIS screen and provide a copy of the

Decision of Appeal form to the CO III and the CO IV Grievance Coordinator.

12.2.2.1 The unit CO IV Grievance Coordinator shall include the form in the inmate’s

Grievance Record maintained in accordance with this Department Order.

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803 – INMATE DISCIPLINARY PROCEDURE

OCTOBER 24, 2021

12.3 Inmates found guilty of 17A shall receive penalties consistent with Class A violations, as

outlined in Attachment B.

13.0 RECORDS AND REPORTS

13.1 All reports, documents and notifications of the disciplinary process, except for informal

resolutions of disciplinary matters, shall be filed as indicated on the form distribution list.

13.2 If the case is dismissed or if the inmate is found not guilty, computer records are not purged,

but no reference to the charge shall be placed in the inmate’s Disciplinary File. {5-ACI-3C-21}

13.3 The Disciplinary Coordinator shall maintain a monthly statistics of the dispositions of all

disciplinary charges.

IMPLEMENTATION

The Assistant Director for Prison Operations shall ensure an appropriate level of training is conducted for all

staff involved in the Inmate Disciplinary process.

DEFINITIONS/GLOSSARY

Refer to the Glossary of Terms for the following:

 Adequacy of Proof

 Appeal

 Assault

 Class A and B Violations

 Class C Violation

 Competent

 Confidential Informant

 Disciplinary Coordinator

 Disciplinary Hearing Officer

 Disciplinary Report

 Due Process

 Filing Date

 First-Hand Knowledge

 Fraud

 Immediate Family (Inmate)

 Loss of Privilege

 Possession

 Pre-Hearing Detention

 Qualified Healthcare Professional (QHCP)

 Qualified Mental Health Professional (QMHP)

 Refusal

 Restitution

 Restriction

 Serious Physical Injury

 Staff Assistant

 Vexatious Grievant

 Waste

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803 – INMATE DISCIPLINARY PROCEDURE

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ATTACHMENTS

Attachment A – Rule Violations

Attachment B – Penalties

FORMS LIST

803-1, Inmate Disciplinary Report

803-2, Appeal of Disciplinary Charge

803-3, Inmate Discipline - Witness Request/Statement/Refusal

803-4, Inmate Discipline - Hearing Waiver

803-5, Result of Disciplinary Hearing

803-6, Decision of Appeal

803-7, Assignment to Investigative Detention/Form No. 2A.

803-8, Inmate Discipline - Investigative Report

803-9, Revocation of Suspended Sentence

803-11, Notice of Restitution

803-12, Result of Restitution Hearing

803-13, Appeal of Restitution Owed

AUTHORITY

A.R.S. §12-349, Unjustified Actions; Attorney Fees, Expenses and Double Damages; Exceptions; Definition

A.R.S. §13-2501, Definitions

A.R.S. §13-2505, Promoting Prison Contraband; Exceptions; X-Radiation; Body Scans; Classification

A.R.S. §31-201.01, Duties of the Director; Tort Actions; Medical Treatment Costs; State Immunity;

Definitions

A.R.S. §31-342, Escape; Liability for Costs Incurred in Apprehension

A.R.S. §41-1604.07, Earned Release Credits; Forfeiture; Restoration; Released Prisoner Health Care; Annual

Report

A.R.S. §41-1604.10, Earned Release Credits; Forfeiture; Restoration; Applicability

A.R.S. §41-1606, Access to Prisoner Medical History Information

CHAPTER: 800

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803 – INMATE DISCIPLINARY PROCEDURE

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ATTACHMENT A

{5-ACI-3C-01} {5-ACI-3C-03}

RULE VIOLATIONS

CLASS A VIOLATIONS

NO.

Rule Violation

01A

Aggravated Assault (Inmate on Inmate) – Assault on another inmate

 Resulting in serious physical injury to another inmate, or

 Discharge, use of or threatening exhibition of a deadly weapon or dangerous instrument, or

 Resulting in temporary but substantial disfigurement, loss or impairment of any body organ or

fracture of any body part.

Serious Physical Injury includes injury that creates reasonable risk of death or which causes serious

and permanent disfigurement, serious impairment of health or loss or protracted impairment of the

function of any bodily organ or limb. (i.e., broken bones, knife wounds, internal injuries, eye injuries,

etc.)

02A

Assault on Staff (that involved Serious Injury) – “Serious Injury” requires urgent and immediate

medical treatment and restricts the staff’s usual activity, medical treatment should be more extensive

than mere first-aid, such as the application of bandages to wounds; it might include stitches, setting of

broken bones, treatment of concussion, loss of consciousness, etc.

Exclude assaults that involve throwing liquids, blood, waste, chemicals, and/or urine, unless the

throwing assault resulted in serious injury.

03A

Participation in a Riot – A person in the custody of the Department who is a participant in a riot.

04A

Assault (Sexual) – Intentionally or knowingly engaging in sexual intercourse or oral sexual contact

with any person without the consent of such person.

05A

Arson – Knowingly causing a fire or explosion, which results in physical damage to the prison facility.

06A

Attempt to Commit a Class A Offense - Engaging in conduct with the intent to aid or commit a Class

A offense under this classification.

07A

Conspiracy to Commit a Class A Offense - To agree with one or more persons to engage in a Class A

offense under this classification and to agree at least one of them shall engage in conduct

constituting an overt act in furtherance of the offense.

08A

Escape – Knowingly escaping, or attempting to escape, from the custody of an adult correctional

facility including outside work crews, work camps, transport vehicles, and outside hospitals.

09A

Kidnapping/Taking of a Hostage – Restraining another person with the intent to

 Hold for ransom, use as a shield, use as a hostage, or

 Inflict death, physical injury or a sexual offense on the victim, or,

 Place the victim or third person in reasonable apprehension of imminent physical injury.

10A

Manslaughter – Recklessly causing the death of another, or Intentionally aiding another to commit

suicide.

11A

Murder (1

Degree) – With pre-meditation intentionally causing the death of another.

12A

Murder (2

Degree) – Without pre-meditation intentionally causing the death of another.

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803 – INMATE DISCIPLINARY PROCEDURE

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13A

Promoting Prison Contraband – Knowingly conveying contraband to any person confined in a

correctional facility, or making, obtaining or possessing contraband while confined in a correctional

facility or while being transported or moved.

14A

Threatening or Intimidating (Gang Activity) – Threatening or intimidating by word or conduct, to

cause physical injury to another or damage to the property of another in order to promote, further or

assist in the interests of or cause, induce or solicit another person to participate in criminal gang

activity, criminal syndicate or racketeering.

15A

Possession of a Weapon –

 Knowingly making, obtaining or possessing a weapon while confined, transported or moved.

 Weapons include any device capable of physical injury; explosives.

16A

Possession of Communication Device – Knowingly making, obtaining or possessing a communication

device while confined, transported or moved.

Includes wireless communications devices, multimedia devices, any separate components which may

aid in the use of wireless devices and/or multimedia storage devices (i.e., cell phones, charges, mobile

chargers, cell phone batteries, and any other item which staff reasonably determines may aid in the

use of wireless devices and/or multimedia storage devices), computers.

17A

Filing of Vexatious Grievances –

 Repeated filing of grievances solely or primarily for the purpose of harassment.

 Grievances filed without substantial justification, defined as groundless or not made in good faith

pursuant to A.R.S. §12-349(F).

 A pattern of making unreasonable, repetitive and excessive requests for information.

19A

Tampering with or manipulating any locking device or door which would allow for unauthorized

access.

CLASS B VIOLATIONS

NO.

Rule Violation

01B

Aggravated Refusal of an Assignment –

 Refusal of any assignment for the purpose of obstructing racial integration.

 Refusal of any assignment.

02B

Assault on Inmate –

 Intentionally, knowingly or recklessly causing physical injury to another inmate, or

 Intentionally placing another person in reasonable apprehension of imminent physical danger, or

 Knowingly touching another person with the intent to injure, insult or provoke such person.

03B

Assault on Staff that Did Not Involve Serious Injury –

 To be considered a non-serious injury means the injury DID NOT require urgent and immediate

medical treatment and did not restrict staff’s usual activity. Medical treatment was basic first-aid,

such as the application of bandages to wounds; it DID NOT include stitches, setting of broken

bones, treatment of concussion, loss of consciousness, etc. (which would be considered “serious”

injury).

 Includes knowingly touching staff with the intent to injure, insult or provoke such person, if it

resulted in no injury or non-serious injury as described above.

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803 – INMATE DISCIPLINARY PROCEDURE

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04B

Assault on Staff by Throwing Substances – Inmate throwing or spitting liquids, blood, waste,

chemicals, urine, etc., which involved non-serious injury or no injury.

Note: If this violation resulted in serious injury, then the inmate should be charged with 02A, Assault

on Staff that involved Serious Injury.

05B

Attempt to Commit a Class B Violation – Engaging in conduct with the intent to aid or commit an

offense under this classification.

06B

Bribery – With corrupt intent, offers, or agrees to confer any benefit to an employee of the

Department, private prisons or contractor with the intent to influence the employee’s opinion,

judgment or exercise of discretion in the performance of their duties.

07B

Harassment - Displaying conduct directed at a specific person causing them to be seriously alarmed,

annoyed or harassed.

08B

Conspiracy to Commit a Class B Violation – To agree with one or more persons to engage in an

offense under this classification and to agree at least one of them shall engage in conduct

constituting an overt act in furtherance of that offense.

09B

Criminal Damage – Destroying, damaging, defacing, tampering, or altering property of another,

including, but not limited to, drawing or marking any building, walls, or surfaces with unauthorized

messages, signs or symbols.

10B

Disorderly Conduct – Engaging in violent or seriously disruptive behavior including unreasonable

noise, abusive or offensive language, offensive gestures or protracted commotion that disrupts the

orderly operation of the institution.

11B

Disrupting an Institution Count and/or Being Out of Place – Disrupting an institution count by

purposely interfering with staff, or failing to be in an assigned bed or location for count; failing to be in

an assigned area; being out of place in an unauthorized area.

12B

Extortion – Knowingly obtaining or seeking to obtain property or services by means of a threat to do

future physical injury, cause damage to property, or theft of property.

13B

False Reporting – Stating a false, fraudulent or unfounded report or statement or to knowingly

misrepresent a fact for the purpose of interfering with the orderly operation of the institution, which

may be written or oral.

14B

Forgery – Falsely making, altering, or completing any written document; possession of any false or

forged document, identification material or written document.

15B

Fraud – Pursuant to a scheme to defraud, knowingly obtaining any benefit by means of false or

fraudulent pretenses.

16B

Gambling – Possession of gambling devices, including dice, unauthorized cards, poker chips;

participating as a player or organizer of any gambling activity; participating in or possession of materials

related to betting and pools; benefiting from gambling activity; maintaining gambling related debts.

17B

Homicide (Negligent) – Causing the death of another with criminal negligence.

18B

Indecent Exposure – Intentional exposure of genitals, buttocks, pubic region or female breasts (areola

or nipple); unauthorized nudity.

19B

Influencing a Witness – Threaten a witness or offer, confer or agree to confer any benefit to a witness

or a person believed to be a witness to influence testimony, or knowingly induce a witness to unlawfully

withhold any testimony or testify falsely.

20B

Obstructing Staff – Obstructing, delaying, or otherwise preventing staff from conducting official duties;

includes obstructing any investigation.

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803 – INMATE DISCIPLINARY PROCEDURE

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21B

Possession of Drug Paraphernalia – Possession of any materials used to plant, grow, manufacture,

produce, process, prepare, test, pack, conceal, inject, ingest, inhale, or otherwise introduce into the

system any drugs, narcotics, stimulants and depressants, including unauthorized use of paint or glue.

Paraphernalia includes, but is not limited to, syringes, needles, and any property altered to violate this

rule.

22B

Possession or Manufacture of Intoxicating Substance – Having possession or control over illegally

brewed or fermented intoxicating beverages or the materials used to manufacture such substance.

23B

Promoting Prison Contraband – Knowingly conveying contraband to any person confined in a correctional

facility.

This violation is for inmates who are not in possession of contraband, but who are found to have planned

or otherwise promoted introduction of and/or conveyance of any unauthorized article.

25B

Resisting or Disobeying a Verbal or Written Order – Failing to obey any verbal or written order and

Department policy or directives issued by a staff member, to include the refusal of any housing

assignment.

26B

Rioting – Two or more persons who, acting together, recklessly use or threaten force or violence to

disrupt the orderly operation of the institution.

27B

Sexual Contact – Intentionally or knowingly engaging in sexual contact, which includes kissing,

masturbation or any contact that can be construed as sexual in nature.

28B

Stalking (Inmate to Inmate) – Intentionally or knowingly engaging in a course of conduct that would

cause another to reasonably fear for their safety or death or the safety or death of an immediate family

member.

Course of Conduct: Includes directing verbal, written or other threats express or implied, to a specific

person on two or more occasions over a period time.

Immediate Family Member: Means a spouse, parent, child or sibling or other person regularly residing

in the person’s household for the past six months.

29B

Stalking (Inmate to Staff) – Intentionally or knowingly engaging in a course of conduct that would cause

another to reasonably fear for their safety or death or the safety or death of an immediate family

member.

Course of Conduct: Includes directing verbal, written or other threats express or implied, to a specific

person on two or more occasions over a period time.

Immediate Family Member: Means a spouse, parent, child or sibling or other person regularly residing

in the person’s household for the past six months.

30B

Tampering with a Public Record – Knowingly, with intent to defraud or deceive, make, complete,

present, alter or insert a false entry on a written document which is a public record or a copy of a public

record, with intent for it be taken as genuine. Record, register, file or offer for recordation, registration

or filing with a government office or agency a writing which has been falsely made, altered, or contains

a false entry, false statement or false information.

31B

Tampering With Restraints – Removing or attempting to remove any restraint devices including

handcuffs and leg irons without authorization, and/or the possession of any tool or device to alter or

remove restraints, and/or compromise locking mechanisms, to include handcuff keys.

32B

Tampering with Security or Safety Devices – Damaging, tampering with, manipulating, or altering any

security device (excluding locks) including, but not limited to, window bars, fencing, surveillance

cameras, communication equipment, fire alarms, sprinklers, and fire suppression equipment.

33B

Tattooing, Brands, Scarifications and Piercings – Altering one's own body or the body of another by

branding, scarification, mutilation, tattoo or piercing; possession of any articles used in tattooing

including unauthorized ink, tattoo guns, needles, and artwork and designs of tattoos.

CHAPTER: 800

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803 – INMATE DISCIPLINARY PROCEDURE

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Mutilate, brand, scarify or pierce means to mark the skin or other body with any mark that is placed by

aid of instrument on or under the skin.

34B

Theft of Property or Possession of Stolen Property – Stealing or obtaining by fraud the property of

another; possession of stolen property or the property of another; controlling property with the intent

to deprive the owner of the property.

35B

Unlawful Assembly – Being present at an assembly of two or more persons who are engaged in, or

who have the intent to, engage in riotous or unauthorized conduct. This would include engaging in or

encouraging a group demonstration or work stoppage.

36B

Violation of any Published Department or Institution Rule – Including Department Orders, Director's

Instructions, and Institution Directives.

37B

Possession of Drugs or Narcotics –

 Possession of, manufacture of, consumption of, sale of, trafficking in, any drug, narcotic, stimulant

or depressant,

 Maintaining debts to another inmate(s) for the purchase or sale of drugs or narcotics;

 Possession or use of medication belonging to another.

 Providing another with medication.

38B

Positive Test or Refusal of UA – Testing positive for, any drug, narcotic, stimulant, or depressant;

refusing to submit to urinalysis testing.

39B

Threatening or Intimidating – Threatening or intimidating by word or conduct to cause physical injury

to another person or damage to property of another. Threats may occur by implication, word or

conduct.

40B

Fighting – Two or more inmates engaging in mutual combat to include fist fight, grappling, or any

physical struggle.

CLASS C VIOLATIONS

NO.

Rule Violation

01C

Altering Identification – Knowingly changing physical appearance to avoid or attempt to avoid

identification or conceal whereabouts.

02C

Bartering, Trading or Selling Goods or Services – Unauthorized exchange sale or trade of personal or

state issue property items for the property or services of another.

03C

Displaying Sexually Explicit Material – Display of any sexually explicit material on wall, furniture, personal

or state property, where it is within plain view of staff or other inmates.

04C

Disrespect to Staff – Using profanity, insulting, obscene or abusive language, in written correspondence

or verbal communication to staff; addressing staff by inappropriate names or making inappropriate

remarks.

05C

Failure to Maintain Grooming Requirements – Violating Department grooming policy including hair

regulations, bathing requirements and dress regulations.

06C

Failure to Maintain Sanitation Requirements - Failing to maintain adequate housing/cell sanitation, or

workplace sanitation; urinating or defecating in an unapproved area.

07C

Horse Playing – Activity intended as enjoyment, recreation or amusement which may constitute as an

unsafe act or threat to staff or inmate safety.

08C

Littering – Leaving trash or debris on state property or disposing of trash or debris in unauthorized

location or container.

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803 – INMATE DISCIPLINARY PROCEDURE

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09C

Malingering – Feigning illness or injury to avoid work details or other institutional assignment.

10C

Misuse of Mail – Violation of any published mail rule including, but not limited to, postage and

unauthorized correspondence.

11C

Misuse of Medication – Failing to take prescribed medication; loss of medication.

12C

Misuse of Telephone – Making obscene or harassing phone calls; using the telephone to operate a

business; telephoning members of the general public without approval; violation of any published

telephone rule.

13C

Possession of Minor or Nuisance Contraband – Possession of contraband items, including, but not limited

to, authorized personal property in excess of authorized amounts, possession of altered clothing,

possession of excess or altered linens, or any item which has been altered or for which approval has not

been given.

14C

Smoking or Use of Tobacco in an Unauthorized Area – Smoking or chewing tobacco inside of any state

building or unauthorized area inside or outside of any correctional facility.

16C

Unauthorized Access to the Internet – Unauthorized access to the internet through the use of a

computer, computer system, network, communication service provider or remote computing service.

17C

Unsafe Use of Machinery or Equipment – Failing to follow safety procedures; use of

machinery/equipment for purpose other than its intended use; loss of control of machinery/equipment

or exercise of poor judgment in use of machinery or equipment.

18C

Violation of Visitation Rules – Violation of any Published Visiting Rule.

19C

Hand Holding – Hand holding between inmates is prohibited.

CHAPTER: 800

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803 – INMATE DISCIPLINARY PROCEDURE

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ATTACHMENT B

{5-ACI-3C-01} {5-ACI-3C-03}

PENALTIES

CLASS A

PENALTIES

FIRST OFFENSE

SECOND OFFENSE

THIRD OFFENSE

TIME LOSS

60 - 180 days

90 - 365 days

180 - ALL days

PAROLE CLASS III

0 - 60 days

60 - 120 days

120 - 180 days

RESTITUTION

Yes

LOSS OF PRIVILEGE

0 - 30 days

30 days

30 - 60 days

EXTRA DUTY

0 - 40 hours

20 - 40 hours

40 - 80 hours

FORFEIT CONTRABAND

PROPERTY

Yes

CLASS B

PENALTIES

FIRST OFFENSE

SECOND OFFENSE

THIRD OFFENSE

TIME LOSS

0 - 60 days

30 - 90 days

90 - 120 days

PAROLE CLASS III

0 - 30 days

0 - 60 days

30 - 90 days

RESTITUTION

Yes

LOSS OF PRIVILEGE

0 - 30 days

15 - 30 days

30 days

EXTRA DUTY

0 - 40 hours

20 - 40 hours

40 - 80 hours

FORFEIT CONTRABAND

PROPERTY

Yes

CLASS C

PENALTIES

FIRST OFFENSE

SECOND OFFENSE

THIRD OFFENSE

TIME LOSS

N/A

PAROLE CLASS III

N/A

RESTITUTION

Yes

LOSS OF PRIVILEGE

0 -15 days

15 - 30 days

30 days

EXTRA DUTY

0 - 10 hours

0 - 20 hours

10 - 20 hours

FORFEIT CONTRABAND

PROPERTY

Yes

CHAPTER: 800

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803 – INMATE DISCIPLINARY PROCEDURE

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PENALTIES FOR 02A, 03B, 05A, 16A, AND 19A VIOLATIONS

PENALTIES

FIRST OFFENSE

SECOND OFFENSE

THIRD OFFENSE

TIME LOSS

180 to All days

386 to All days

All days

PAROLE CLASS III

90 - 180 Days

120 - 180 Days

180 Days

RESTITUTION

Yes

LOSS OF PRIVILEGE

180 Calendar Days

360 Calendar Days

720 Calendar Days

EXTRA DUTY

40 hours

60 hours

80 hours

FORFEIT

CONTRABAND

PROPERTY

Yes

MONETARY FINE

$500

$1,000

$2,000

A finding of guilt for a Class A, B or C violation may result in inmate reclassification. Refer the inmate to the

Classification Manual.