Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 504.80 - Adjustment Committee Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Adjustment Committee hearing shall be
				convened, but need not be concluded, within 14 days after the commission of the
				offense by an offender or its discovery, whenever possible, unless the offender
				has received a continuance or is unable or unavailable for any reason to
				participate in the hearing. For purposes of this Section, when an investigation
				has taken place, an offense is considered to be discovered upon the conclusion
				of the investigation. Inability to participate includes the absence of the
				offender from the facility for any reason or certification by health care or
				mental health staff that the offender is unable to appear.
b) The offender shall receive written notice
				of the facts and charges being presented against him or her no less than 24
				hours prior to the Adjustment Committee hearing. The offender may waive the
				24-hour advance notice. The waiver shall be in writing.
c) The offender shall be informed before or
				at the hearing of information that would tend to show that the offender was not
				guilty. If the information is provided to him or her at the hearing, the
				offender, upon request, shall be given a continuance.
d) Any person who initiated the allegations
				that serve as the basis for the disciplinary report, or who conducted an
				investigation into those allegations, or who witnessed the incident, or who is
				otherwise not impartial shall not serve on the Adjustment Committee hearing
				that disciplinary report. An offender who objects to a member of the Adjustment
				Committee based on a lack of impartiality must raise the matter at the
				beginning of the hearing. The Adjustment Committee shall document the basis of
				the objection and the decision in the Adjustment Committee summary.
e) An offender may, upon written request and
				for good cause shown, be granted additional time to prepare his or her defense.
				If, at the time of the hearing, the Adjustment Committee determines that the
				offender was unable to prepare a defense because of a language barrier or
				hearing impairment, the Adjustment Committee shall automatically grant a
				request for a continuance for language assistance. The committee shall then
				make the necessary arrangements for language assistance. Inability to prepare a
				defense due to a language barrier includes, but is not limited to, a request
				for witnesses.
f) Any offender
				charged with a violation of any rule shall have the right to appear before and
				address the Adjustment Committee. Any refusal to appear shall be documented and
				provided to the Adjustment Committee. However, failure to appear before or
				address the Adjustment Committee may be adversely construed against the
				individual by the Adjustment Committee.
1) The
				offender may make any relevant statement or produce any relevant documents in
				his or her defense.
2) Prior to the
				hearing, the offender may request that witnesses be interviewed. The request
				shall be in writing on the space provided in the disciplinary report and shall
				include an explanation of what the witnesses would state. If the offender fails
				to make the request in a timely manner before the hearing, the individual may
				be granted a continuance for good cause shown.