Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 6 - INMATE DISCIPLINARY PROCEDURES › Section 68-6-008 - Institutional Disciplinary Committee Procedures

Current through June 17, 2024
Institutional Disciplinary Committees shall hold hearings
				  that comply with these rules and regulations and Nebraska statutes.
008.01 Before an inmate can be disciplined
				for a drug or alcohol violation, the inmate may request and NDCS shall provide
				independent confirmation testing of positive results of urinalysis testing. If
				the confirmation test is positive, the inmate may be required to pay the cost
				of the confirmation test.
008.02
				Investigatory Hearing. Upon receipt of a Misconduct Report, the Warden or
				designee shall designate an investigating officer(s). The investigating officer
				shall not be the employee reporting and shall not have been involved in the
				incident in question. After an alleged rule violation is logged, an
				investigating officer will meet with the accused inmate, give the inmate
				written notice of the allegations, an opportunity to make a statement about the
				allegations, and an opportunity to request representation and/or witnesses at
				the disciplinary hearing. The investigating officer shall interview the inmate
				and may interview other persons with relevant knowledge to determine whether
				there is some evidence that an offense was committed. The investigation should
				be completed promptly unless exceptional circumstances necessitate a delay. The
				investigating officer shall forward the misconduct report to the disciplinary
				committee with a recommendation on whether the report should be
				dismissed.
008.03 Notice of
				Hearing. No less than 24 hours before the hearing is scheduled to be held, each
				inmate charged with an offense shall be given written notice of the date of the
				hearing. The inmate may waive this 24-hour requirement in writing.
008.04 Notice of Charges. No less than 24
				hours before the hearing is scheduled to be held, each inmate charged with an
				offense shall be given written notice of the alleged misconduct and the rules
				such conduct is alleged to violate. The inmate may waive this 24-hour
				requirement in writing.
008.05
				Hearings. An institutional disciplinary hearing shall be held within seven
				days, excluding weekends and holidays, after the occurrence or discovery of an
				infraction.
008.06 Opportunity to
				Appear. An inmate charged with an offense shall have an opportunity to appear
				before and address the institutional disciplinary committee unless the inmate
				waives this right in writing or is excluded because of his or her behavior. An
				inmate may be excluded during the testimony of any inmate whose testimony must
				be given in confidence. Reasons for the inmate's absence or exclusion must be
				documented.
008.07 Reporting
				Employee. The Reporting Employee shall appear at the disciplinary hearing
				unless the inmate waives his/her presence in writing.
008.08 Presentation of Witnesses and
				Documentary Evidence. An institutional disciplinary committee may compel an
				employee with relevant information to appear as a witness. An institutional
				disciplinary committee shall also allow the inmate charged to call witnesses
				with relevant knowledge and present relevant documentary evidence in the
				inmate's defense when permitting the inmate to do so will not be unduly
				hazardous to institutional safety or correctional goals. Requests for witnesses
				or documentary evidence must be made at the time of the investigatory hearing,
				or must be in writing and received by designated staff at least 24 hours in
				advance of the hearing. An institutional disciplinary committee shall state its
				reasons in writing for refusing to allow a witness to testify or to have
				requested documentary evidence at the hearing. When it would compromise safety
				or security to allow a person to appear as a witness, the person may submit a
				written statement to the committee. The refusal of an inmate to make a written
				statement or to testify shall be documented.
008.09 Written Statement of Decision. The
				institutional disciplinary committee shall give the inmate a written statement
				of the decision. This statement shall include the basis for the decision and
				any disciplinary action imposed.
008.10 Change of Work, Education or Program
				Assignment. A change in work, education or other program assignment shall not
				be used for disciplinary purposes.
008.11 Preparation of Inmate's Defense. The
				inmate charged shall have an adequate opportunity to prepare a defense. Such
				opportunity shall include the right to assistance and advice in preparing and
				presenting a defense from any inmate in general population or staff member at
				the facility where the hearing is held. The inmate or staff member may serve
				only in an advisory capacity for the inmate so charged. The inmate or staff
				member may not coach, prompt or verbally assist the charged inmate in
				communicating their defense during the hearing. A representative will be
				appointed when it is apparent that an inmate is not capable of collecting and
				presenting evidence effectively on his or her own behalf or when the inmate or
				staff member chosen by the charged inmate is unavailable. No inmate or staff
				member shall be recruited to serve in such an advisory capacity involuntarily.
				A request for a representative must be made at the time of the investigatory
				hearing, or must be in writing and received by designated staff at least 24
				hours in advance of the hearing.
008.12 Waiver. The inmate may waive the right
				to have the reporting employee at the hearing, the right to twenty-four hours'
				notice of the hearing, the right to twenty-four hours' notice of the charges,
				the right to a representative, the right to request witness and the right to be
				present at the hearing. Waivers and consents shall be in writing, signed by the
				inmate and reviewed by the Warden or designee. A signed waiver may be rescinded
				only for good cause as determined by the institutional disciplinary
				committee.
008.13 Continuances. The
				institutional disciplinary committee may grant a continuance or postponement of
				the disciplinary hearing. A request for a continuance may be made by either
				institutional staff involved in the discipline process or the inmate. A
				continuance may be granted only for good cause shown for a reasonable period of
				time, and shall be made in writing and made part of the disciplinary
				record.