Section 1400-01-.08 - DISCIPLINE(1) Type I, II, III, and IV Facilities shall meet the following requirements unless otherwise specified.(2) Facilities shall maintain policies and procedures to insure that written or electronic facility rules along with the corresponding range of sanctions for rule violations and disciplinary procedures to be followed shall be provided to each inmate during the booking process prior to being placed into the general population. A record shall be maintained of this transaction. Socially, mentally, or physically impaired inmates shall be assisted by facility employees in understanding the rules. The rules and regulations shall be available for viewing during confinement and shall be translated into those languages spoken by a significant number of inmates. This requirement applies only to Type I Facilities.
(3) Disciplinary reports shall be prepared by facility employees and must include, but are not limited to, the following information:(a) Names of persons involved;(b) Description of the incident;(c) Specific rule(s) violated;(d) Employee or inmate witnesses;(e) Any immediate action taken, including use of force; and(f) Reporting staff member's signature, date and time report is made. This requirement applies only to Type I Facilities.(4) Facilities shall maintain written policies and procedures governing disciplinary actions, administrative actions, and criminal offenses. Each county is required by T.C.A. § 41-2-111 to have a disciplinary review board. This requirement applies only to Type I Facilities.
(5) Facilities shall maintain written policies and procedures to provide for disciplinary hearings, which shall be presided over by a disciplinary board or impartial disciplinary officer, to be held in cases of alleged violations of inmate conduct rules. Hearings shall include the following administrative procedures: (a) An inmate shall receive written notice of charges and time of hearing;(b) An inmate shall be allowed time, not less than twenty-four (24) hours, to prepare for an appearance before an impartial disciplinary officer or board;(c) An inmate shall have the right to call and cross examine witnesses and present evidence in his/her own defense, when permitting him/her to do so will not be unduly hazardous to institutional safety or correctional goals;(d) An inmate may be excluded during testimony. An inmate's absence or exclusion shall be documented;(e) The reasons for any limitations placed on testimony or witnesses shall be stated in writing by the hearing officer;(f) There must be a written statement by the fact finders to include, at a minimum, evidence relied on and reasons for the disciplinary action; and(g) An appeals process is available. These requirements apply only to Type I Facilities.
(6) Facilities shall maintain a written policy and procedure to allow inmates to receive a hearing prior to segregation, except in cases where the security of the facility is threatened, as determined by the facility administrator or his/her designee. This requirement applies only to Type I Facilities.
(7) For segregated inmates, a disciplinary hearing must be held within seventy-two (72) hours of placement in segregation, excluding holidays, weekends and emergencies. For other inmates, a disciplinary hearing must be held within seven (7) days of the disciplinary incident. This requirement applies only to Type I Facilities.
(8) The facility shall give the inmate a copy of the disciplinary decision and the facility shall keep a copy of the disciplinary decision in the inmate's record. This requirement applies only to Type I Facilities.
(9) Facilities shall maintain a written policy and procedure to provide that the disciplinary reports are removed from all files on inmates found not guilty of an alleged violation. This requirement applies only to Type I Facilities.
(10) Corporal punishment is not permitted under any circumstance in a disciplinary proceeding. This requirement applies only to Type I, II, and III Facilities.(11) Use of physical force may be used when authorized and shall be thoroughly documented with detailed account of who was involved, the force that was used, and justification for its use. This report shall be submitted to the facility administrator. Force may be used to: (d) Retake inmate or property. These requirements apply only to Type I Facilities.
Tenn. Comp. R. & Regs. 1400-01-.08
Original rule filed August 9, 1982; effective September 8, 1982. Repeal and new rule filed June 29, 1984; effective September 11, 1984. Amendment filed July 31, 2000; effective November 28, 2000. Repeal and new rule filed October 29, 2014; effective January 27, 2015. Amendments filed September 1, 2017; effective 11/30/2017.Authority: T.C.A. § 41-4-140.