WAC 137-28-340   Staff advisors.  (1) An inmate may have a staff advisor appointed by the hearing officer to prepare for a hearing. The hearing officer shall consider the following factors prior to assigning a staff advisor:

     (a) The inmate's literacy;

     (b) The complexity of the issue;

     (c) The inmate's overall ability to speak for himself/herself and adequately present his/her case;

     (d) The mental status of the inmate, in which case the staff advisor should be a mental health professional or other staff member with mental health training or experience;

     (e) The inmate's ability to communicate in English;

     (f) Any disability that might impair the inmate's ability to adequately defend him/herself.

     (2) The assignment of a staff advisor will only be necessary after considering these factors. This section should not be construed to mean that a staff advisor must be assigned.

     (3) The staff advisor will be a staff member who is not involved in the observation or investigation of the infraction.

     (4) The staff advisor shall attend the hearing, in person or telephonically, but shall not be responsible for presenting the inmate's case, questioning witnesses, or making other oral presentation, unless requested to do so by the hearing officer.

     (5) Where a hearing is continued under this section, an advisor shall be appointed immediately and instructed to help the inmate in preparing his case to the extent necessary to present a valid defense.

     (6) A list of approved staff advisors will be maintained by the superintendent.

     (7) Staff advisors shall be provided with:

     (a) An opportunity to meet and confer with inmates they are representing;

     (b) Access to written information to be used by the hearing officer in the fact-finding stage as far in advance of the hearing as is reasonably possible;

     (c) Reasonable access to all witnesses; and

     (d) Copies of the written decisions of the hearing officer and the superintendent in cases in which the staff advisors are involved.

     (8) Conversations between staff advisors and inmates are neither confidential nor privileged.



[95-15-044, § 137-28-340, filed 7/13/95, effective 8/15/95.]


NOTES:

     Reviser's note:  Under RCW RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.