Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-24 - Special drug sentencing alternative revocation hearings › Section 137-24-040 - Rights specified

Current through Register Vol. 24-14, July 15, 2024
(1) To receive
			 written notice of the alleged violation of the DOSA sentence.
(2) To have an electronically recorded
			 hearing conducted within five working days of service of the notice.
(3) To have a neutral and detached hearing
			 officer conduct the hearing.
(4) To
			 examine, no later than twenty-four hours before the hearing, all supporting
			 nonconfidential documentary evidence which the department of corrections
			 intends to present during the hearing.
(5) To admit to the allegation. This may
			 limit the scope of the hearing.
(6)
			 To be present during the fact-finding and disposition phases of the
			 hearing.
(7) To present his/her
			 case to the hearing officer. If there is a language or communication barrier,
			 the hearing officer may appoint someone to interpret or otherwise assist the
			 offender. However, no other person may represent the offender in presenting
			 his/her case. There is no right to an attorney or counsel.
(8) To confront and cross-examine witnesses
			 appearing and testifying at the hearing.
(9) To testify during the hearing or to
			 remain silent. An offender's silence will not be held against
			 him/her.
(10) To have witnesses
			 provide testimony on his/her behalf, either in person or in a witnessed
			 statement/affidavit. However, outside witnesses may be excluded due to
			 institutional concerns. The hearing officer may also exclude persons from the
			 hearing upon a finding of good cause, or if the information to be presented by
			 the witnesses is deemed irrelevant, duplicative, or unnecessary to the adequate
			 presentation of the inmate's case. In addition, the hearing officer may exclude
			 a witness from testifying at a hearing or may require a witness to testify
			 outside of the offender's presence when there is a substantial likelihood that
			 the witness will not be able to give effective, truthful testimony with the
			 offender present. In either event, the offender may submit a list of questions
			 to ask the witness(es).
(11) To
			 receive a written hearing and decision summary including the evidence
			 presented; a finding of guilty or not guilty; and the reasons to support the
			 findings of guilt; and the sanction imposed. In the event of a deferred
			 decision to receive a copy of the hearing and decision summary from facility
			 staff within a reasonable amount of time.
(12) To receive a copy of the department of
			 corrections hearing report.
(13) To
			 obtain a copy of the audio recording of the hearing. The offender must send a
			 written request to the hearings unit.
(14) To appeal to the regional appeals panel,
			 in writing, within seven calendar days of receipt of the hearing and decision
			 summary. The offender may also file a personal restraint petition to appeal the
			 department's final decision through the court of appeals.
(15) If the offender waives their right to be
			 present at the hearing, the department of corrections may conduct the hearing
			 in their absence and may impose sanctions that could include loss of liberty
			 and/or reclassification/revocation of the DOSA sentence.
(16) To waive any or all of the above
			 rights.
Statutory Authority:
				  RCW
				  72.01.090,
				  72.65.100, and
				  72.09.130. 06-21-054, §
										137-24-040, filed 10/13/06,
				  effective 11/13/06.