Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 6 - GOOD TIME CREDITS AND SENTENCE COMPUTATION › Section 44-6-130 - Same; hearing procedure; written decision; service upon inmate or offender; effect of a denial of proposed action

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each hearing
			 shall be conducted according to the following:
(1) The proposing staff member shall present
			 a concise explanation, outlining the facts and law applicable to the proposed
			 action that require a decrease in the pool of previously awarded good time
			 credits in the opinion of the staff member. The proposing staff member may
			 choose to stand upon that person's statement of reasons for the proposed
			 adjustment set forth in the notice of proposed action in lieu of an oral
			 statement. A copy of each document relied upon by the proposing staff member
			 shall be submitted to the hearing officer. Cross-examination by the inmate or
			 offender shall not be permitted, but the hearing officer may freely question
			 the proposing staff member throughout the hearing, as deemed necessary, in
			 order to discover the truth as to any disputed facts or to better understand
			 legal propositions submitted by the staff member in support of the proposed
			 action.
(2) The offender or inmate
			 shall then be given an opportunity to present a response to the proposed
			 action, which may consist of an oral statement of facts or applicable legal
			 authorities, or both, statements from other witnesses who voluntarily appear at
			 the hearing, or any documentary evidence, including affidavits from witnesses.
			 The inmate or offender may also initially request that the hearing officer
			 summon a witness or witness if submission of a written request for issuance of
			 summons in advance of the hearing, as permitted by K.A.R. 44-6-129, was not
			 practicable under the circumstances in the hearing officer's judgment. The
			 hearing officer may require a proffer of the expected statement from any
			 witness so requested and may deny the request if the proffered statement is
			 deemed by the hearing officer to be one or more of the following:
(A) Irrelevant, immaterial, or otherwise
			 unnecessary;
(B) repetitious of
			 the statement of another witness or witnesses, not including that of the inmate
			 or offender; or
(C) unduly risky
			 to personal or facility safety.
If a proffered statement is denied, the hearing officer shall
				record each reason for denial in the hearing officer's written decision
				following the hearing. Cross-examination shall not be permitted, but the
				hearing officer may question the inmate or offender, or other witness
				presented, as deemed necessary by the hearing officer in order to discover the
				truth of any disputed facts or to better understand legal propositions
				submitted by the inmate or offender in opposition to the proposed action.
(3) Subject to
			 approval of the hearing officer, the proposing staff member may present a brief
			 rebuttal, which shall be limited to responding to new factual contentions or
			 legal arguments in statements or documents presented by the inmate or offender.
(4) The hearing officer may hear
			 statements by telephone. If statements are received by telephone, each
			 statement shall be taken in such a manner that all individuals present can hear
			 the statement simultaneously. The statement shall be otherwise subject to the
			 same requirements for presentation and reception as those for in-person
			 statements.
(5) The hearing
			 officer may take notes of the statements and other evidence submitted. All
			 statements shall be unsworn. If notes of statements are taken, the notes shall
			 be preserved and attached to the hearing officer's written decision. If
			 documentary evidence is considered, a copy of the evidence shall be attached to
			 the decision, and the original shall be returned to the party offering the
			 evidence.
(6)
(A) Before or after the hearing, the hearing
			 officer may freely consult all relevant classification and parole supervision
			 records that pertain to the review or award period or periods specified in the
			 notice of proposed action, including the following:
(i) Chronological notes;
(ii) police reports;
(iii) correspondence;
(iv) drug testing results;
(v) program reviews;
(vi) progress reports from treatment or
			 program providers;
(vii) discharge
			 notes or reports;
(viii)
			 certificates of completion; and
(ix) disciplinary reports and records of
			 convictions.
The hearing officer may consult these records outside the
				presence of the inmate or offender.
(B) If the hearing officer intends to rely
			 upon any record specified in (a)(6)(A) that has not already been served upon
			 the inmate or offender in either upholding or modifying a proposed adjustment
			 of an award of good time credits, the hearing officer shall make that intention
			 known to the inmate or offender in writing and shall provide to the inmate or
			 offender a copy of each record, which may be redacted if necessary to protect
			 the safety and identity of a confidential informant or to protect victim
			 information.
(7) The
			 inmate or offender shall have five working days from date of the notification
			 from the hearing officer to submit a written response, which the hearing
			 officer shall receive and duly consider before making a final decision in the
			 matter.
(8) The hearing officer
			 shall not discuss with the counselor or officer the contents of any such
			 records, or any piece of evidence received at the hearing, outside the presence
			 of the inmate or offender.
(9) If
			 the hearing officer during the course of review of relevant documentation
			 discovers a factual basis for proposing that a greater amount of good time
			 credit should be removed than was originally proposed, the hearing officer
			 shall issue a second notice of proposed action setting forth each reason and
			 attaching any relevant documents relied upon for that proposal, which shall be
			 served upon the inmate or offender by the end of the next working day. If the
			 inmate or offender requests a further hearing on the new notice of proposed
			 action, a new hearing officer shall be designated, and the matter shall be
			 processed as otherwise provided in these regulations.