WAC 137-28-310   Decision of hearing officer.  (1) A report of the hearing shall be made.

     (a) The report shall include:

     (i) The charge;

     (ii) Names of witnesses;

     (iii) Inmate plea(s);

     (iv) Summary of the testimony and cross-examination;

     (v) A description of the physical evidence used;

     (vi) Reasons for denying witnesses or the fact that written witness statements were not returned to the hearing officer; and

     (vii) The decisions and reasons.

     (b) The written report shall be placed in the inmate's institutional file if he/she is found guilty.

     (c) All reports and attachments shall be maintained by the clerk as part of the hearing officer's permanent records. A complete taped record of the hearing shall be taken but the tape shall not become a part of the inmate's file, and may be destroyed in accordance with the department's archive retention schedule unless the hearing officer becomes aware that an appeal or court proceeding is pending.

     (2) In reaching a decision on the guilt or innocence of the inmate, the hearing officer must rely solely on evidence considered at the hearing. However, during the dispositional stage of the hearing, other factors, such as the inmate's institutional file, prior conduct, mental status, and overall institution adjustment, may be considered.

     (3) The hearing officer may not find an inmate guilty of committing a #328 or #728 infraction if the inmate possesses sexually explicit materials depicting only actual penetration and such sexually explicit material was screened and approved by a mail room staff member prior to delivery to the inmate. Nothing herein shall be construed to limit the ability to remove such material from the inmate's possession and cell.

     (4) The hearing officer shall consider mitigating factors in determining whether to reduce a #728 serious infraction to a #328 general infraction.

     (5) The hearing officer is authorized to find an inmate guilty of a lesser included offense without issuing a new infraction report or conducting a new hearing.

     (6) Where the evidence suggests an inmate is guilty of an offense not charged and which is not a lesser included offense to a charged offense, the hearing officer may recommend that new charges be filed to address such offenses. The inmate may waive the right to a separate hearing on the new charges and may allow the hearing officer to enter a finding of guilty or not guilty and impose sanctions.

     (7) The inmate shall be informed of the decision of the hearing officer in writing within three working days of the hearing, unless extended by the superintendent.

     (8) The inmate shall be informed of his/her right to appeal the decision of the hearing officer to the superintendent.



[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. 06-21-054, § 137-28-310, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. 02-12-023, § 137-28-310, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. 00-10-079, § 137-28-310, filed 5/2/00, effective 6/2/00. 95-15-044, § 137-28-310, filed 7/13/95, effective 8/15/95.]