WAC 137-28-290   Preparations for hearing.  In preparation for the hearing, the hearing clerk or designee shall, at least twenty-four hours in advance of the hearing:

     (1) Provide copies of the infraction report to the inmate;

     (2) Advise the inmate in writing:

     (a) Of his/her right to have a hearing;

     (b) That if he/she chooses not to testify at or attend the hearing, his/her silence may be used against him/her;

     (c) To present written statements from other inmates, staff, or other persons only if those statements would be relevant to the infraction and have a tendency to demonstrate his/her innocence;

     (d) To request that staff members, other inmates, and other persons be present as witnesses in his/her defense for the hearing if it is determined by the hearing officer that to do so would not be unduly hazardous to institutional safety or correctional goals. Limitations may be made by the hearing officer if the information to be presented by the witnesses is deemed to be irrelevant, duplicative, or unnecessary to the adequate presentation of the inmate's case;

     (e) To have a staff advisor assist in preparation of the inmate's case when it is determined by appropriate staff that the inmate is unable to adequately represent him/herself on the basis of literacy, competence, or other disability;

     (f) To have access to nonconfidential reports and records used by the hearing officer during the fact-finding stage. However, where reports and records contain information that might reasonably compromise the security or safety of the institution or its inmates, these reports and records shall be identified as confidential and withheld. A summary of the confidential information shall be provided to the inmate. This summary may be included in the infraction report.

     (g) The inmate must establish that any requested witness has relevant and exculpatory evidence to present at the hearing. The inmate must list all intended witnesses on the notice of hearing. The hearing officer may, in his/her discretion, allow additional witnesses for good cause shown;

     (3) Advise the inmate that he/she does not have a right:

     (a) To cross-examine witnesses;

     (b) To have the infracting staff member present at the hearing;

     (c) To a polygraph or other supplemental tests;

     (4) Obtain written acknowledgement of the inmate's receipt of the information;

     (5) Determine from the inmate whether the inmate wishes to contest the allegation;

     (6) Schedule the hearing within seven working days after discovery of the incident. If an inmate is placed in prehearing confinement, a hearing shall be held within three working days after the day of placement, unless the time is extended by the superintendent. If the hearing is continued, a determination shall be made whether the inmate should remain on prehearing confinement and the reasons for that confinement.



[Statutory Authority: RCW 72.01.090. 00-10-079, § 137-28-290, filed 5/2/00, effective 6/2/00. 95-15-044, § 137-28-290, filed 7/13/95, effective 8/15/95.]