Okla. Admin. Code § 310:670-5-4

Current through Vol. 42, No. 4, November 1, 2024

Section 310:670-5-4 - Inmate rules, discipline and grievances

(a) Written facility rules shall list all chargeable offenses, and the range of sanctions and disciplinary procedures to be followed and shall be made available to inmates. A rule book that contains all chargeable offenses, range of sanctions, and disciplinary procedures is provided to each inmate upon booking and is translated into those languages spoken by the significant number of inmates. When a literacy or language problem prevents an inmate from understanding the rule book, a staff member shall assist the inmate.

(b) All persons who deal with inmates shall be familiar with the rules of inmate conduct, and the approved sanctions. To prevent discrepancies among staff in interpretations, in-service training shall be conducted as often as necessary by direction of the administrator.

(c) Employees shall prepare a disciplinary report when they have reason to believe that an inmate has committed a violation of rules.

(d) Disciplinary reports prepared by staff shall include at least the following:

(1) Specific rules violated;

(2) A formal statement of the charge;

(3) Any unusual inmate behavior;

(4) Any staff or inmate witness;

(5) Disposition of any physical evidence;

(6) Any immediate action taken, including the use of force; and

(7) Date and time of the report.

(e) Administrative due process procedures shall be followed for all rule violations. A chairperson or a committee may be appointed by the administrator to hear the charges and make a decision on appropriate action to be taken. Due process procedures shall include at least the following elements:

(1) Written rules that specifies offenses and sanctions;

(2) Inmate has been made aware of the rules and sanctions;

(3) Inmate receives written notice of the charges and is offered a hearing prior to sanction;

(4) Inmate is present at the hearing and hears the evidence, except for confidential information or if the inmate displays unruly behavior or waives that right in writing;

(5) Inmate has the right to make a statement;

(6) Inmate has the right to call relevant witnesses;

(7) Inmate may be assisted by a willing inmate or staff member of their choosing;

(8) The decision shall be based solely on the evidence and shall be rendered in writing;

(9) Record shall be made of the hearing;

(10) Decision shall be reviewed by the facility administrator or designee;

(11) An inmate shall have the right to appeal the decision of the facility administrator or designee to the next level of authority;

(12) A record of the charges and hearing disposition shall be maintained in the inmate's file.

(f) If an inmate allegedly commits an act covered by statutory law, the case may be referred to the appropriate court or law enforcement officials for prosecution.

(g) There shall be a written policy and procedure to respond to inmate requests of staff and grievances. The grievance policy shall conform to the requirements in Title 57 O.S. § 566.3 and include the following:

(1) procedures whereby any inmate may appeal and have resolved grievances;

(2) the types of complaints covered and excluded consistent with applicable state and federal law and rule, and court decisions, to include policies and conditions within the jurisdiction of the facility that affect the inmate personally, actions by employees and inmates, and incidents occurring within the facility that affect the inmate personally;

(3) a grievance form or instructions for registering a grievance;

(4) resolution of the grievance at the lowest appropriate staff level;

(5) appeal to the next level of review;

(6) written reasons for denial of grievance at each level of review which acts on the grievance;

(7) provision for response within a reasonable time limit;

(8) provision for resolving questions of jurisdiction within the facility; and.

(9) procedures to control the submission of an excessive number of grievances.

(h) County jails may deduct an amount of ten cents ($0.10) per page from any monies collected from an inmate for copies made at the request of the inmate [Title 19 O.S. § 531(B) ].

Okla. Admin. Code § 310:670-5-4

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019