Bill Text: IN SB0227 | 2010 | Regular Session | Introduced
Bill Title: Department of correction disciplinary hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0227 Detail]
Download: Indiana-2010-SB0227-Introduced.html
Citations Affected: IC 11-11-5.
Synopsis: Department of correction disciplinary hearings. Establishes
at each department of correction (DOC) correctional facility an
independent disciplinary hearing board consisting of three members
appointed by the governor. Requires the governor to appoint an
independent hearing officer at each DOC correctional facility. Provides
that a confined offender charged with misconduct may select two
(rather than just one) lay advocates to represent the offender in a
disciplinary hearing. Amends various provisions relating to the ability
of a confined offender to confront and cross-examine witnesses and
receive evidence at a disciplinary hearing.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(b) A board is subject to rules adopted under this section.
(1) A report, which may be made part of the person's record.
(2) Extra work.
(3) Loss or limitation of privileges.
(4) Change in work assignment.
(5) Restitution.
(6) Change in security classification.
(7) Transfer to another facility or program.
(8) Segregation from the general population of the facility or program for a fixed period of time.
(9) Reassignment to a lower credit time class under IC 35-50-6-4.
(10) Deprivation of earned credit time under IC 35-50-6-5.
(1) may not be an employee of the department at the time of the member's appointment;
(2) must demonstrate a basic understanding of the department, the correctional facilities, and the department's administrative and disciplinary procedures; and
(3) may not concurrently serve as an independent hearing officer under subsection (b).
(b) The governor shall appoint an independent hearing officer at each correctional facility to do the following:
(1) Review conduct reports.
(2) Conduct screening hearings.
(3) Conduct disposition hearings.
(4) Upon the request of a person charged with misconduct for evidence pertaining to the charge of misconduct:
(A) determine whether the evidence exists; and
(B) if the evidence exists, provide the evidence to the board.
An independent hearing officer may not be an employee of the department at the time of the officer's appointment.
hearing board appointed under section 4.5 of this chapter to
determine his the person's guilt or innocence and, if guilty, the
appropriate action. The charged person may waive his the person's
right to a hearing. Also, before a charge is made, that person and a
departmental employee may agree to the types of disciplinary action
enumerated in sections 3(2) and 3(3) of this chapter if no record of the
conduct or disciplinary action is placed in the person's file. In
connection with the hearing, the person is entitled to:
(1) have not less than twenty-four (24) hours advance written
notice of the date, time, and place of the hearing, and of the
alleged misconduct, and the rule the misconduct is alleged to have
violated;
(2) have reasonable time to prepare for the hearing;
(3) have an impartial decisionmaker;
(4) appear and speak in his the person's own behalf;
(5) call witnesses and present evidence unless the person
conducting the hearing finds that to do so would subject a witness
to a substantial risk of harm, or would result in the admission of
irrelevant or repetitive testimony;
(6) confront and cross-examine witnesses; unless the person
conducting the hearing finds:
(A) that to do so would subject a witness to a substantial risk
of harm;
(B) that to do so would result in the admission of irrelevant or
repetitive testimony; or
(C) based upon good cause stated on the record, that a witness
is unavailable to attend the hearing;
(7) have advice and representation by a lay advocate of his up to
two (2) lay advocates of the person's choice, if that the lay
advocate is available in the institution at the time of the hearing,
in those hearings based upon a charge of institutional misconduct
when the department determines he the person lacks the
competency to understand the issues involved or to participate in
the hearing, or when the punishment may be that specified in:
(A) section 3(5) of this chapter if the restitution is more than
two hundred dollars ($200);
(B) section 3(8) of this chapter if the segregation is for more
than fifteen (15) days; or
(C) section 3(6), 3(9), or 3(10) of this chapter;
(8) have a written statement of the findings of fact, the evidence
relied upon, and the reasons for the action taken;
(9) have immunity if his the person's testimony is used in any
criminal proceeding;
(10) have his the person's record expunged of any reference to
the charge if he the person is found not guilty or if a finding of
guilt is later overturned; and
(11) be reimbursed for state wages lost due to action taken
pending the hearing if he the person is found not guilty or if a
finding of guilt is later overturned.
Any finding of guilt must be supported by a preponderance of the
evidence presented at the hearing. If a lay advocate of the charged
person's choice is not available, the independent disciplinary
hearing body may appoint a lay advocate from a list of eligible
persons.
(b) The department may not charge a committed person with a
disciplinary rule violation unless it does so within ten (10) days of the
date it becomes aware of that person's alleged involvement in
misconduct.
(c) Consistent with the objective of adequate and effective
representation and the integrity of the hearing system the department
may adopt regulations which may limit the pool of persons eligible to
advise and represent accused persons to inmates in the general
population. In any event, facility or program employees and inmates
may not directly or indirectly charge for advice or representation. A
regulation adopted under this subsection must allow an accused
person to request up to two (2) lay advocates from the pool of
eligible persons.
(d) Any statement made by an accused person to departmental
employees during the course of an investigation or hearing is not
admissible against him the person in any criminal proceeding arising
out of the same incident unless the accused:
(1) was informed:
(i) of his the person's right to remain silent;
(ii) that anything he the person says can and will be used
against him the person in court;
(iii) of his the person's right to have an attorney present
during any questioning;
(iv) his the person's right to have an attorney appointed for
him the person if he the person is unable to afford an
attorney; and
(v) that if he the person decides to answer any questions, he
the person may stop answering at any time during the
interrogation; and
(2) voluntarily, knowingly, and intelligently waived his the
person's rights under subdivision (1) to remain silent or to have
an attorney present, or both.
(e) No employee of the department or other individual may
participate in a hearing described in subsection (a) by deliberating,
discussing, or voting with the independent disciplinary hearing
board.
(f) The identity of an adverse witness must be disclosed in a
timely manner to a charged person in order to facilitate
confrontation and cross-examination under subsection (a)(6).
(g) This subsection applies to witness statements given under
subsection (a)(5) or (a)(6). A charged person is entitled to a copy of
each witness statement, including a witness statement given under
a request for confidentiality, unless:
(1) the witness statement is adverse to the person; and
(2) disclosure of the witness statement would breach the
facility's security.
