210 Ind. Admin. Code 3-1-17 : DEPARTMENT OF CORRECTION — COUNTY JAIL STANDARDS —1 - Maintenance of County Jails —1-17 - Discipline written rules

Authority: IC 11-8-2-5; IC 11-12-4-1

Affected: IC 35-50-6-4; IC 35-50-6-5

Sec. 17.

(a) Each sheriff shall establish written rules of inmate conduct for the maintenance of order and discipline among inmates. The rules shall describe the:
(1) conduct for which disciplinary action may be imposed;
(2) type of disciplinary action that may be taken; and
(3) disciplinary procedure to be followed.

Copies of these rules shall be posted in the living areas or distributed to all inmates. The disciplinary action imposed shall be proportionate to the seriousness of the rule violation. The use of physical force as a means of discipline is prohibited.

(b) All jail personnel who have regular inmate contact shall be provided training sufficient to make them thoroughly familiar with the rules of inmate conduct and the sanctions available.
(c) Any of the following may be imposed as disciplinary action on inmates:
(1) A report, which may be made part of the inmate's record.
(2) Extra work cannot be imposed on pretrial detainees or arrestees. For inmates, extra work cannot exceed:
(A) a total of twenty (20) hours for one (1) rule violation; or
(B) four (4) hours in any twenty-four (24) hour period.
(3) Loss or limitation of privileges.
(4) Restitution.
(5) Segregation from the general population for a fixed period of time.
(6) Reassignment to a lower credit time class under IC 35-50-6-4.
(7) Deprivation of earned credit time under IC 35-50-6-5.
(d) The following shall not be imposed as disciplinary action on inmates:
(1) Corporal punishment.
(2) Confinement without an opportunity for at least one (1) hour of daily exercise five (5) days each week outside of immediate living quarters, unless jail officials find and document that this opportunity will jeopardize the physical safety of the inmate or others or the security of the jail.
(3) A substantial change in:
(A) heating;
(B) lighting; or
(C) ventilation.
(4) Restrictions on:
(A) clothing;
(B) bedding;
(C) mail;
(D) reading and writing materials; or
(E) the use of hygienic facilities; except for abuse of these, unless jail officials find and document that this opportunity will jeopardize the physical safety of the inmate or others or the security of the jail.
(5) Restrictions on the following:
(A) Medical and dental care.
(B) Access to the following:
(i) Courts.
(ii) Legal counsel.
(iii) Government officials.
(iv) Grievance proceedings.
(v) Personal legal papers and legal research materials.
(6) A deviation from the diet provided to other inmates, unless approved by the responsible physician.
(e) Before imposing any disciplinary action, jail officials shall afford the inmate charged with misconduct a hearing to determine his or her guilt or innocence and the disposition of the charge. The charged inmate may waive his or her right to a hearing in writing. Also, before a charge is made, the inmate and a jail official may agree to a disciplinary action in the form of extra work or loss or limitation of privileges if no record of the conduct or disciplinary action is placed in the inmate's file. In connection with the required hearing, the inmate is entitled to the following:
(1) To have not less than twenty-four (24) hours advance written notice of the following:
(A) The hearing.
(B) The alleged misconduct.
(C) The rule the misconduct is alleged to have violated.
(2) To have reasonable time to prepare for the hearing.
(3) To have an impartial decision maker.
(4) To appear and speak in his or her own behalf.
(5) To call witnesses and present evidence.
(6) To have advice and representation by a lay advocate in those hearings based upon a charge of institutional misconduct when the decision maker determines he or she lacks the competency to:
(A) understand the issues involved; or
(B) participate in the hearing.
(7) To have a written statement of the following:
(A) The findings of fact.
(B) The evidence relied upon.
(C) The reasons for the action taken.
(8) To have immunity if his or her testimony or any evidence derived from his or her testimony is used in any criminal proceedings.
(9) May have his or her record expunged of any reference to the charge if he or she is found not guilty or if a finding of guilt is later overturned.

Any finding of guilt must be supported by some evidence presented at the hearing.

(f) An inmate shall receive written notice of any formal charge against him or her within twenty-four (24) hours of knowledge or discovery or the conclusion of an investigation of the alleged offense, excepting weekends and holidays. The notice shall specify the following:
(1) The date, time, and place of the hearing.
(2) The alleged misconduct.
(3) The rule the misconduct is alleged to have violated.
(4) The right to a hearing.
(5) An explanation of the hearing process.

The hearing shall be held within seven (7) days excluding weekends and holidays, of the alleged violation.

(g) The sheriff may delegate authority in writing to one (1) or more designees to conduct hearings for alleged violations of facility rules.
(h) An inmate may appeal the disciplinary decision of a hearing authority to the sheriff. The appeal may challenge the:
(1) finding of guilt; or
(2) type and degree of disciplinary action taken.

Any appeal shall be initiated within ten (10) days of the disciplinary decision. The sheriff may reduce but not increase any disciplinary action imposed by the hearing authority.

210 IAC 3-1-17

Department of Correction; 210 IAC 3-1-17; filed Jul 27, 1981, 10:30 a.m.: 4 IR 1817; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; readopted filed Jul 6, 2007, 2:54 p.m.: 20070725-IR-210070277RFA; filed Sep 11, 2012, 2:30 p.m.: 20121010-IR-210110741FRA
Readopted filed 10/2/2018, 8:46 a.m.: 20181031-IR-210180366RFA