Section 504.80 Adjustment Committee Hearing Procedures

Section 504

Section 504.80  Adjustment

Committee Hearing Procedures

a)         The Adjustment Committee hearing shall be convened, but need

not be concluded, within 14 days after the commission of the offense by an

offender or its discovery, whenever possible, unless the offender has received

a continuance or is unable or unavailable for any reason to participate in the

hearing.  For purposes of this Section, when an investigation has taken place,

an offense is considered to be discovered upon the conclusion of the

investigation.  Inability to participate includes the absence of the offender from

the facility for any reason or certification by health care or mental health staff

that the offender is unable to appear.

b)         The offender shall receive written notice of the facts and

charges being presented against him or her no less than 24 hours prior to the

Adjustment Committee hearing.  The offender may waive the 24-hour advance

notice.  The waiver shall be in writing.

c)         The offender shall be informed before or at the hearing of

information that would tend to show that the offender was not guilty. If the information

is provided to him or her at the hearing, the offender, upon request, shall be

given a continuance.

d)         Any person who initiated the allegations that serve as the

basis for the disciplinary report, or who conducted an investigation into those

allegations, or who witnessed the incident, or who is otherwise not impartial

shall not serve on the Adjustment Committee hearing that disciplinary report.  An

offender who objects to a member of the Adjustment Committee based on a lack of

impartiality must raise the matter at the beginning of the hearing. The Adjustment

Committee shall document the basis of the objection and the decision in the

Adjustment Committee summary.

e)         An offender may, upon written request and for good cause

shown, be granted additional time to prepare his or her defense

nder who objects to a member of the Adjustment Committee based on a lack of

impartiality must raise the matter at the beginning of the hearing. The Adjustment

Committee shall document the basis of the objection and the decision in the

Adjustment Committee summary.

e)         An offender may, upon written request and for good cause

shown, be granted additional time to prepare his or her defense.  If, at the

time of the hearing, the Adjustment Committee determines that the offender was

unable to prepare a defense because of a language barrier or hearing impairment,

the Adjustment Committee shall automatically grant a request for a continuance

for language assistance.  The committee shall then make the necessary

arrangements for language assistance.  Inability to prepare a defense due to a

language barrier includes, but is not limited to, a request for witnesses.

f)         Any offender charged with a violation of any rule shall have

the right to appear before and address the Adjustment Committee.  Any refusal

to appear shall be documented and provided to the Adjustment Committee.

However, failure to appear before or address the Adjustment Committee may be

adversely construed against the individual by the Adjustment Committee.

1)         The offender may make any relevant statement or produce any

relevant documents in his or her defense.

2)         Prior to the hearing, the offender may request that witnesses

be interviewed.  The request shall be in writing on the space provided in the

disciplinary report and shall include an explanation of what the witnesses

would state.  If the offender fails to make the request in a timely manner before

the hearing, the individual may be granted a continuance for good cause shown.

g)         The Adjustment Committee shall consider all material presented

that is relevant to the issue of whether the offender committed the offense

ded in the

disciplinary report and shall include an explanation of what the witnesses

would state.  If the offender fails to make the request in a timely manner before

the hearing, the individual may be granted a continuance for good cause shown.

g)         The Adjustment Committee shall consider all material presented

that is relevant to the issue of whether the offender committed the offense.

h)         If

the offender has been diagnosed as seriously mentally ill, the Adjustment

Committee may request the reviewing mental health professional to appear before

the Adjustment Committee to provide testimony relevant to his or her review.

i)          The Adjustment Committee shall consider any statements of

witnesses with relevant knowledge of the incident who are reasonably available.

1)         The Adjustment Committee or its Hearing Investigator may

interview witnesses and prepare or review summaries of their testimony prior to

or at or subsequent to the hearing.

2)         The offender does not have the right to confront or

cross-examine any witnesses, but may submit questions for witnesses to the Adjustment

Committee prior to the hearing.  These questions shall be asked by the Adjustment

Committee or its Hearing Investigator unless found to be cumulative, irrelevant

or a threat to the safety of individuals or the security of the facility.

3)         A means shall be provided in each living unit for offenders  to

submit witness request slips.  The Adjustment Committee may disapprove witness

requests that are not received prior to the hearing.

4)         Requests by offenders for witnesses may be denied if their

testimony would be, among other matters, irrelevant or cumulative or would

jeopardize the safety or disrupt the security of the facility.  If any witness

request is denied, a written reason shall be provided

s request slips.  The Adjustment Committee may disapprove witness

requests that are not received prior to the hearing.

4)         Requests by offenders for witnesses may be denied if their

testimony would be, among other matters, irrelevant or cumulative or would

jeopardize the safety or disrupt the security of the facility.  If any witness

request is denied, a written reason shall be provided.

5)         At least one person who serves as an Adjustment Committee

member shall hear the in-person testimony of the offender's witnesses when the

offender makes a timely request for the witnesses or is granted a continuance

to request witness testimony.  In-person testimony of the offender's witnesses

shall be defined as face-to-face contact or telephonic contact by the

Adjustment Committee.

6)         If the Adjustment Committee makes a written determination that

the in-person testimony by the witness requested by the offender would

undermine authority or would present potential disruption of the operations of

the facility or a threat to the safety of any person or institutional safety or

correctional goals, the Adjustment Committee may elect to accept the testimony

through other legally permissible means, including, but not limited to, a sworn

written summary of an interview of the witness or a sworn statement.

7)         A sworn written statement or sworn written summary of a

witness' testimony is a reasonable alternative to in-person testimony if the

witness' testimony will be accepted as credible and it involves verification of

alleged facts, including, but not limited to, a witness who will testify to the

authenticity of contents of a record or document, cell location, work

assignment, writ status, staff work schedule or identification

worn written summary of a

witness' testimony is a reasonable alternative to in-person testimony if the

witness' testimony will be accepted as credible and it involves verification of

alleged facts, including, but not limited to, a witness who will testify to the

authenticity of contents of a record or document, cell location, work

assignment, writ status, staff work schedule or identification.

8)         When testimony is presented to the Adjustment Committee in the

form of a written summary or statement, a copy of the written summary or

statement shall be given to the accused offender unless the Adjustment

Committee finds that disclosure presents a threat to the safety of any person.

j)          The offender shall not have the right to either retained or

appointed counsel.  The offender may request the assistance of a staff member

in the preparation and presentation of his or her defense if he or she is

illiterate, has a hearing impairment or does not speak English; or when other

circumstances exist that preclude the individual from adequately preparing his

or her defense.

k)         The Adjustment Committee shall decide whether the offender committed

the offense based upon all relevant information and evidence.

1)         The Adjustment Committee must be reasonably satisfied there is

some evidence that the offender committed the offense for the individual to be

found guilty.

2)         The Adjustment Committee may require that any part of the

hearing process be recorded, including, but not limited to, a self admission of

guilt by the offender.

3)         Polygraph or voice stress analysis results may be considered,

but may not be the sole basis for finding the offender guilty of the offense.

l)          The Adjustment Committee shall take one of the following

actions, based upon the evidence admitted:

1)         Find that the offender did not commit the offense

including, but not limited to, a self admission of

guilt by the offender.

3)         Polygraph or voice stress analysis results may be considered,

but may not be the sole basis for finding the offender guilty of the offense.

l)          The Adjustment Committee shall take one of the following

actions, based upon the evidence admitted:

1)         Find that the offender did not commit the offense.  In that

case, the Adjustment Committee shall order that the disciplinary report be

dismissed and expunged from the offender's record.  A copy shall be maintained

in an expungement file.

2)         Find that further investigation is necessary to determine if

the offender did or did not commit the offense and place the offender in

investigative status.

3)         Find that additional time is needed to obtain information

relative to the charge.  The hearing may be continued for a reasonable time.

However, unless the offender is placed in investigative status, the individual

may not be confined for more than 14 days from the date of placement in

temporary confinement.

4)         Find that the offender did commit the offense or a lesser

offense for which the elements were included in the original charge.  The Adjustment

Committee may recommend one or more of the following disciplinary actions:

A)        Reprimand the offender.

B)        Suspend or restrict one or more privileges of the offender  for

a specific period of time.

C)        Reduce the offender's grade or level.

D)        Change the offender's program.

E)        Change the offender's housing assignment or transfer the

individual to another correctional facility.

F)         Revoke the offender's statutory sentence credit or recommend

an adjustment of provisionally awarded supplemental sentence credit.

G)        Increase the offender's security classification.

H)        Place the offender in segregation or confinement

nge the offender's program.

E)        Change the offender's housing assignment or transfer the

individual to another correctional facility.

F)         Revoke the offender's statutory sentence credit or recommend

an adjustment of provisionally awarded supplemental sentence credit.

G)        Increase the offender's security classification.

H)        Place the offender in segregation or confinement.  If the

offender has been diagnosed as seriously mentally ill, the Adjustment Committee

shall consider the recommendation of the reviewing mental health professional

for the term of segregation, including no period of segregation.

I)         Require the offender to make restitution.

J)         Revoke the offender from a transition center.  If revocation

is recommended, the Adjustment Committee may also recommend reduction in grade

and placement in segregation.

K)        Require forfeiture of items of contraband used in the offense

or possessed in violation of this Part.

5)         This Part shall in no way be construed to restrict or limit

the Department's ability to administratively change an offender's  job,

educational, program or housing assignment, to restrict privileges or to

transfer the offender to another facility.

m)        A written record shall be prepared and signed by all members of

the Adjustment Committee that contains:

1)         A summary of oral and written statements and other evidence

presented.

A)        The Adjustment Committee may consider information from

confidential sources if:

i)          It finds that his or her identity must be withheld for

reasons of security; and

ii)         The information is reliable

ecord shall be prepared and signed by all members of

the Adjustment Committee that contains:

1)         A summary of oral and written statements and other evidence

presented.

A)        The Adjustment Committee may consider information from

confidential sources if:

i)          It finds that his or her identity must be withheld for

reasons of security; and

ii)         The information is reliable.

B)        Reliability may be established by one of the following:

i)          The investigating officer has indicated, in writing and by

his or her appearance before the Adjustment Committee, the truth of his or her

report containing confidential information;

ii)         Corroborating testimony such as statements from other sources

or polygraph or voice stress analysis results; or

iii)        A statement by a member of the Adjustment Committee or an

oral or written statement to the Adjustment Committee by supervisory or

administrative staff that the individual has firsthand knowledge of the sources

of information and considers them reliable on the basis of their past record of

reliability.

C)        If the identity of a source is being withheld for reasons of

security, a statement to that effect and a statement that the Adjustment Committee

finds the information reliable must be included.  A summary of the information

provided and the basis for the finding of reliability shall be documented, but

need not be included in the summary based on safety and security concerns.

2)         If the Adjustment Committee members find that the offender committed

the offense, a statement as to their reasons for the finding. If exonerating

evidence is presented and disregarded, the Adjustment Committee must state the

basis for disregarding the evidence.

3)         The disposition of the charges, the disciplinary action

recommended and the reasons for recommending the disciplinary action

f the Adjustment Committee members find that the offender committed

the offense, a statement as to their reasons for the finding. If exonerating

evidence is presented and disregarded, the Adjustment Committee must state the

basis for disregarding the evidence.

3)         The disposition of the charges, the disciplinary action

recommended and the reasons for recommending the disciplinary action.

n)         If the safety or security of the facility or any person is

jeopardized by certain references in the written record, they may be deleted

but the fact that omissions have been made shall be noted on the summary, along

with a finding that material is being deleted based on safety or security

concerns.

o)         If the offender is found guilty, the individual shall be

informed of the opportunity to appeal through the grievance procedures in 20

Ill. Adm. Code 504.Subpart F.

p)         A copy of the disciplinary report, Adjustment Committee

summary, and, if applicable, the mental health review shall be forwarded to the

Chief Administrative Officer for review and approval, and a copy shall be filed

in the offender's record.  The offender shall be given a copy of the Adjustment

Committee summary.

q)         The Chief Administrative Officer shall review all Adjustment

Committee dispositions.  The Director shall review all Adjustment Committee

dispositions in which it is recommended that the offender lose statutory

sentence credit or provisionally awarded supplemental sentence credit.

1)         The Director, Deputy Director or Chief Administrative Officer

may take the following actions:

A)        Confirm the recommendation in whole or in part.

B)        Order additional or new proceedings.

C)        Suspend or overturn the recommendation.

D)        Offer the offender a work assignment that, if accepted and

satisfactorily completed, will result in reduction of original disciplinary

sanctions

rector, Deputy Director or Chief Administrative Officer

may take the following actions:

A)        Confirm the recommendation in whole or in part.

B)        Order additional or new proceedings.

C)        Suspend or overturn the recommendation.

D)        Offer the offender a work assignment that, if accepted and

satisfactorily completed, will result in reduction of original disciplinary

sanctions.

2)         The Director, Deputy Director or Chief Administrative Officer

shall not increase the sanctions recommended by the Adjustment Committee, but

he or she may reduce them.  The offender shall be sent a copy of any

modification to the Adjustment Committee recommendations.