Section 504.20 Offenses and Maximum Penalties

Section 504

Section 504.20  Offenses and

Maximum Penalties

Disciplinary offenses are

defined in Appendix A.  Maximum penalties for conduct that constitutes a

disciplinary offense are set forth in Table A.

a)         No offender shall be found guilty of any violation of this

Part without a hearing before the Adjustment Committee or Program Unit.  If an

offender is transferred from one facility to another while pending a hearing,

the individual shall be provided with an opportunity to present a defense at

any subsequent disciplinary hearing held at the receiving facility that is

comparable to that which would have been afforded, in accordance with this

Subpart, at the sending facility.

b)         In determining the appropriate sanctions, the Adjustment

Committee or Program Unit, the Chief Administrative Officer and the Director shall

consider, among other matters, mitigating or aggravating factors including:

1)         The offender's age, medical and mental state at the time of

committing the offense;

2)         If

the offender is determined to be seriously mentally ill and if the sanctions

for the violation may include a period of segregation, the recommendations of a

mental health professional;

3)         The extent and degree of participation in the commission of

the offense;

4)         The amount or nature of stolen property, contraband or injury;

and

5)         The offender's prior disciplinary record.

c)         Corporal punishment, disciplinary restrictions on diet,

medical or sanitary facilities, clothing, bedding, mail or access to legal

materials and reductions in the frequency of use of toilets, washbowls and

showers shall be prohibited.

d)         Disciplinary restrictions on visitation, work, education or

program assignments and use of the library shall be related as closely as

practicable to the abuse of these privileges.  This subsection shall not apply

to segregation of offenders for purposes of institutional control

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materials and reductions in the frequency of use of toilets, washbowls and

showers shall be prohibited.

d)         Disciplinary restrictions on visitation, work, education or

program assignments and use of the library shall be related as closely as

practicable to the abuse of these privileges.  This subsection shall not apply

to segregation of offenders for purposes of institutional control.

e)         Offenders are presumed to be responsible for any contraband or

other property prohibited by this Part that is located on their person, within

their cell or within areas of their housing, work, educational or vocational

assignment that are under their control.  Areas under an offender's control

include, but are not limited to, the door track, window ledge, ventilation

unit, plumbing, and the offender's desk, cabinet, shelving, storage area, bed

and bedding materials in his or her housing assignment, and desk, cubicle, work

station and locker in his or her work, educational or vocational assignment.

If the offender produces evidence that convinces the Adjustment Committee or

Program Unit that he or she did not commit the offense, the offender shall be

found not guilty.