Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-210 - Disciplinary hearing-Rules of evidence

Current through Register Vol. 24-14, July 15, 2024
(1) All relevant
			 and material evidence is admissible which, in the opinion of the hearing
			 officer, is the best evidence reasonably obtainable having due regard for its
			 necessity, availability, and trustworthiness.
(2) All evidence material to the issues
			 raised in the hearing shall be offered into evidence. All evidence forming the
			 basis for the hearing officer's decision in a matter shall be offered into
			 evidence.
(3) The partial
			 confinement individual shall be allowed to call witnesses approved by the
			 hearing officer pursuant to WAC
			 137-56-180
			 (1)(e) and to present documentary evidence in
			 their defense at the hearing when permitting the partial confinement individual
			 to do so will not be unduly hazardous to the partial confinement program's
			 safety or correctional goals unless the testimony to be presented by the
			 witness and/or the information desired to be presented is deemed by the hearing
			 officer to be irrelevant, immaterial, unnecessarily duplicative of other
			 information and/or testimony before the hearing officer, or otherwise found to
			 be unnecessary to the adequate presentation of the partial confinement
			 individual's case. The testimony of all witnesses from outside the partial
			 confinement program shall be considered in writing. In the event the hearing
			 officer determines that the presence of a witness is appropriate, the hearing
			 officer should call the witness, or in its discretion, may continue the hearing
			 if the witness is unavailable, but will become available within a reasonable
			 period of time: Provided, however, that if the witness is unavailable, the
			 hearing officer may, at their discretion, consider the written testimony
			 previously submitted.
(4) The
			 partial confinement individual may question witnesses against them at the
			 discretion of the hearing officer. If the hearing officer determines that a
			 source of information would be subject to risk or harm if their identity were
			 disclosed, testimony of the confidential source may be introduced by the
			 testimony of a staff member. The confidential testimony may be provided by the
			 source or by the written and signed statement of the source. If the staff
			 member to whom the source provided information is unavailable, the written
			 statement of this staff member may be used. The hearing officer shall, out of
			 the presence of all partial confinement individuals and off the record,
			 identify the confidential source, and how the testifying staff member received
			 the confidential information. The staff member presenting the information from
			 a confidential source shall identify the source and the circumstances
			 surrounding the receipt of the confidential information to the hearing officer,
			 off the record. The hearing officer shall make an independent determination
			 regarding the reliability of the confidential source, the credibility of the
			 confidential information, and the necessity of not revealing the source of the
			 confidential information. In determining whether the confidential source is
			 reliable and the confidential information is credible, the hearing officer
			 should consider all relevant circumstances including, but not limited to:
(a) Evidence from other staff members that
			 the confidential source has previously given reliable information;
(b) Evidence that the confidential source had
			 no apparent motive to fabricate information;
(c) Evidence that the confidential source
			 received no benefit from providing the information;
(d) Whether the confidential source is giving
			 first-hand information;
(e) Whether
			 the confidential information is internally consistent and is consistent with
			 other known facts; and
(f) The
			 existence of corroborating evidence.
The hearing officer shall also determine whether safety
				concerns justify nondisclosure of the source of confidential information. The
				reliability and credibility determination and the need for confidentiality must
				be made on the record.