Each sheriff/operator shall develop and implement a written
disciplinary plan, approved by the Commission, governing inmate conduct.
The plan shall provide for the firm, fair, and consistent application
of rules and regulations. Facilities housing contracted TDCJ-ID inmates
may adhere to TDCJ-ID disciplinary policies and procedures for these
inmates, when they are housed together, and separately from all other
inmates. Facilities housing federal inmates may adhere to federal
disciplinary policies and procedures for these inmates, when they
are housed together, and separately from all other inmates. For purposes
of inmate discipline, violations of institutional rules and regulations
shall be divided into Minor Infractions and Major Infractions.
(1) Minor Infractions. Violations of rules and regulations
which do not represent serious offenses against persons and do not
pose a serious threat to institutional order and safety. Sanctions
shall be limited to:
(A) counseling;
(B) verbal or written reprimand;
(C) in podular, direct supervision facilities, temporary
restriction to cells for a period not to exceed twenty-four hours;
(D) loss of privileges for a period not to exceed fifteen
days;
(E) disciplinary separation for a period not to exceed
fifteen days;
(F) restitution for damage to jail property; and
(G) loss of good conduct credit.
(2) Major Infractions. Violations of rules and regulations
which constitute serious offenses against persons and property and
pose a serious threat to institutional order and safety. Sanctions
may include:
(A) loss of good conduct credit;
(B) loss of privileges for a period not to exceed thirty
days;
(C) removal from work details or programs;
(D) disciplinary separation for a period not to exceed
thirty days; and
(E) restitution for damage to jail property.
(3) Disciplinary Due Process Requirements.
(A) provisions shall be made for a disciplinary hearing
before a neutral and impartial board or officer which shall not include
anyone involved in the claimed violation or charges;
(B) provisions shall be made for the selection of a
disciplinary board and disciplinary officer. In facilities of 50 capacity
or less, this may be one person. Disciplinary hearings may be conducted
by a disciplinary officer for incidents defined as Minor Infractions;
(C) provisions shall be made for at least twenty-four
hours written notice to be given to the inmate of the claimed violation
or charges against him/her;
(D) provisions may be included for inmates to waive
the right to a disciplinary hearing provided proper notification is
given prior to the signing of the waiver. The waiver shall include
the appropriate identification of charges, the allowable sanctions,
and the sanctions offered by the waiver. A waiver shall not include
the loss of good time as a sanction;
(E) provisions shall be made for the disclosure of
the evidence against the person charged with the violation, although
confidential informants may be protected;
(F) provisions shall be made for an opportunity to
be heard in person and to present documentary defensive evidence when
not unduly hazardous to institutional safety and correctional goals.
(G) provisions shall be made for inmates to call relevant
witnesses on his or her behalf for disciplinary hearings when not
unduly hazardous to institutional safety and correctional goals;
(H) provisions should be made permitting the inmate
to seek the aid of another inmate if the inmate is illiterate or where
the complexity of the issue makes it unlikely that the inmate will
be able to collect and present the evidence necessary for an adequate
comprehension of the case. If that is not permissible, substitute
aid from the staff or from an inmate designated by the staff shall
be provided;
(I) provisions shall be made for a written statement
by the disciplinary board or disciplinary officer at the conclusion
of the hearing indicating the evidence relied upon and reasons for
the disciplinary action taken. The statement shall be delivered to
the inmate and the Sheriff/Operator and shall be placed in the inmate's
disciplinary file; and
(J) provisions shall be made for a documented appeals
process, if requested by the inmate, by a person or persons not a
member of the disciplinary board.
(4) The following sanctions are prohibited:
(A) deviation from normal feeding procedures;
(B) corporal punishment;
(C) administration of any form of disciplinary action
or supervision by inmates;
(D) deprivation of clothing or bedding; inmates who
destroy bedding or clothing may be deprived of such items. This shall
be reviewed and documented every twenty-four hours;
(E) use of a violent cell;
(F) deprivation of items necessary to maintain an acceptable
level of personal hygiene;
(G) deprivation of correspondence privileges when the
offense is unrelated to a violation of the institutional rules and
regulations regarding correspondence. In no case shall privileged
correspondence be suspended; and
(H) deprivation of physical recreation or physical
exercise.
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| Source Note: The provisions of this §283.1 adopted to be effective June 14, 1996, 21 TexReg 5004; amended to be effective December 29, 1997, 22 TexReg 12791; amended to be effective December 22, 1999, 24 TexReg 11520; amended to be effective May 3, 2000, 25 TexReg 3796; amended to be effective April 10, 2013, 38 TexReg 2229; amended to be effective May 26, 2014, 39 TexReg 3988 |
