SOP 209.01: Offender Discipline

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 1 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

I. Introduction and Summary: In order to maintain a safe, humane, and orderly
environment for staff and offenders at Prisons, Transitional Centers (TC),
Probation Detention Centers (PDC), Residential Substance Abuse Treatment
Facilities (RSAT), and Intensive Treatment Facilities (ITF), it is the policy of
Georgia Department of Corrections (GDC) that appropriate disciplinary sanctions
shall be imposed against offenders whose behavior violates prison rules, or state
or federal statutes. Offenders shall be provided with a formal orientation to these
procedures per SOP 220.04 Offender Orientation.

A. The following principles shall apply to every disciplinary action taken against

an offender:
1. Only staff specified herein may impose disciplinary action.

2. Only that action which is determined to be absolutely necessary to regulate

an offender’s behavior shall be taken or used by Prison, TC, PDC, RSAT,
and ITF staff.

3. Prison, TC, PDC, RSAT, and ITF authorities shall control offender

behavior in a completely objective and consistent manner.

4. No disciplinary action shall be capricious or retaliatory in nature.

Disciplinary action shall not be used to abuse an offender, as a means for
injury or to harass an offender. The use of food may not be used as a
disciplinary measure.

5. Prison, TC, PDC, RSAT, and ITF staff may not impose (or allow to be

imposed) any type of corporal punishment.

6. Discipline shall be instituted and sanctions imposed without regard to the

race, sex, creed, or color of the offender involved.

II. Authority:
A. GDC Board Rules: 125-3-2-.01 thru 125-3-2-.10;

B. GDC Standard Operating Procedures (SOPs): 201.04 Charges to Offender

Accounts for Healthcare, Willful Acts, and Court Costs, 209.06 Administrative

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 2 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

Segregation, 508.18 MH/MR Discipline Procedures, 220.04 Offender
Orientation, 507.04.05 Charges to Offender Accounts for Health Care
Provided; and

C. ACA Standards: 2-CO-3C-01, 4-4226, 4-4227, 4-4228, 4-4229, 4-4230, 4
4231, 4-4232, 4-4233, 4-4234, 4-4235, 4-4236, 4-4237, 4-4238, 4-4239, 44240, 4-4241, 4-4242, 4-4243, 4-4244, 4-4245, 4-4246, 4-4247, 4-4248, 44399, and 4-4320.

III. Definitions:
A. Business Day - Monday through Friday, excluding weekends and holidays.

B. Reporting Official - The witness to a violation of Departmental or Prison

policies, rules, or instructions or who has reasonable cause to believe that such
a violation has been committed by an offender.

C. Tolling - The adjudication of the disciplinary process is “paused or delayed.”

D. Facility - For purposes of this policy, facility shall mean Prisons, Transitional

Centers (TC), Probation Detention Centers (PDC), Residential Substance
Abuse Treatment Facilities (RSAT), and Intensive Treatment Facilities (ITF).

IV. Statement of Policy and Applicable Procedures:
A. The Disciplinary Report:

NOTE: All staff who work with offenders will receive sufficient
disciplinary training, so that they are thoroughly familiar with the rules
of inmate conduct, the rationale for the rules, and sanctions available.
This training will be for Security and Non-Security staff and shall be
accomplished through their attendance in Pre-Service Orientation (PSO),
yearly In-Service Training, and Basic Correctional Officer Training
(BCOT).

1. Prison staff are required to prepare a written Disciplinary Report using the

SCRIBE Disciplinary Application and the standard forms that are part of
this application when they witness a violation of Departmental or Prison

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 3 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

policies, rules, or instructions or have reasonable cause to believe that such
a violation has been committed by an Offender. If, in the opinion of the
staff member, a disciplinary report is warranted, the staff member will
notify their Supervisor or Shift Supervisor(s), and relay to him/her the
circumstances surrounding the incident(s). Based upon the information
received, the Supervisor(s) will start a preliminary investigation of the
incident; determine the correct disciplinary charge; if warranted, place the
offender in administrative segregation (pre-hearing detention), until the
completion of the investigation, and assist in the writing of the disciplinary
report. If the offender is placed in segregation, Attachment 1, Offender
Assignment to Segregation (Form 1) from SOP 209.06 Administrative
Segregation will be completed by the Shift Supervisor and forwarded to
the Warden, Superintendent, or designee within 72 hours including
weekends and holidays, for review. The offender(s) will also be provided
with a copy of the Form 1.

a. Contract and State Health Services staff to include Medical Doctors,

Psychologists, Psychiatrists, Directors of Nursing (D.O.N.), Health
Services Administrators (H.S.A.), and Nurses shall not write
Disciplinary Reports. (This does not include Mental Health Counselors
and Mental Health Unit Managers) An incident shall be reported
immediately to the Correctional Officer supervising the area or to a
Correctional Supervisor. The Officer shall determine if the incident
warrants writing a formal disciplinary report and will confer with
his/her supervisor. If not, the officer, supported by the security
supervisor, will issue a verbal reprimand to the offender. If a formal
disciplinary report is warranted, the Officer will proceed to write a
disciplinary report.

b. In instances where after investigating the incident, the Shift

Supervisor(s) and the Reporting Official determine that the matter can
be resolved without writing a disciplinary, the offender(s) can be issued
a verbal warning or given extra duty. This extra duty will be performed
and monitored by that Reporting Official, within a responsible amount
of time, not to exceed two (2) hours per day or more than three (3) days.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 4 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

This information should be logged in the building logbook and in
SCRIBE, as a case note.

2. Verification of Accuracy and Completeness: The Reporting Official shall

submit the Disciplinary Report to a Shift Supervisor or designated alternate
for verification of accuracy, operational relevance, completeness and
signature. At this time, any discrepancies noted by the reviewing
supervisor should be brought to the attention of the Reporting Official for
clarification and correction prior to the report being logged and served. The
reviewing supervisor shall also ensure that the Reporting Official’s name
is clearly printed on the Disciplinary Report along with the Reporting
Official’s signature. Finally, if the reviewing supervisor determines that
issuing a Disciplinary Report is not warranted or not substantiated by the
summary of facts as written, the supervisor should not formally submit the
charge(s). At this point the supervisor will contact the Reporting Official
and advise him/her about the issues with the Disciplinary Report and have
them make the necessary corrections.

NOTE: The Supervisor must make every attempt to have the
corrections made, if corrections are not made, the Disciplinary Report
must not be forwarded for processing .

3. Deadlines for Filing Charges: The Disciplinary Report must be completed,

filed, and served on an offender as follows:

a. General Deadline: Except as indicated below, the offender(s) charged

with a rule violation, shall be served with a copy of the Disciplinary
Report that will include a factual statement of the charge(s), including
a description of the incident and specific rule(s) violated, within 24hours of the said violation. The Disciplinary Hearing may be held
within 24-hours with the offender’s written consent.

b. Charges Resulting from Investigations: If an investigation conducted

by GDC staff or staff from a private prison, county CI or other
contracted or outside agency finds reasonable cause to indicate that an

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 5 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

Offender has committed an infraction, the Offender may be charged
upon completion of the investigation.

c. The charges must be served on the Offender within 24-hours of the

Warden's, Superintendent's, or designee's receipt of the written report
of investigation (or written report of the finding) at the prison or center
where the infraction occurred unless the Offender has been transferred.

d. If the Offender is no longer housed at the facility where the infraction

occurred, the charge must then be served within 72-hours.

e. Escapes: If the Offender is on escape, service of the report may be

delayed for up to 72-hours after the return of an Offender to a prison or
center under the control of the Georgia Department of Corrections.

f. Other: If an Offender is medically or mentally incapacitated, or for any

reason (except escape) is temporarily removed from GDC custody
before the conclusion of the 24-hour serving period, the report must be
served, within 24-hours of his/her medical or mental stabilization, or
within 24-hours of his/her return to GDC custody.

g. If after serving the Disciplinary Report, discrepancies are found,

administrative changes shall be made at the Disciplinary Investigator
level only. No other changes shall be allowed to be made to the
Disciplinary Report once served, unless through further investigation,
additional infractions were discovered. At this point, a new
Disciplinary Report shall be written, reflecting the new and/or
additional infractions, and submitted to the Disciplinary Investigator.
See Section IV.A.3.b., Charges Resulting from Investigations.
Administrative changes shall be defined as follows:

i. Institution name.

ii. Institution code.

iii. Offender’s name (spelling only).

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
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|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

iv. Offender’s security level.

v. Offender’s GDC number.

4. Tolling Deadline: The total adjudication process, excluding appeals, shall

not exceed seven (7) business days (excluding weekends and holidays)
from the time the charges are served, with the following exceptions:

a. Mental or medical health issues (Acute Care/Crisis Stabilization Unit);

b. Medical Issues (out to local hospital);

c. Offender is out to court;

d. Offender is on escape status;

e. Request for delay by a prosecuting or investigating agency;

f. Facility Lockdown;

g. Facility Quarantine;

h. Mechanical Issues (computer, camera system, etc.); or

i. Other (specify).

5. Postponement and Continuance: The Warden, Superintendent, or designee

may grant a postponement or continuance of the disciplinary hearing for a
reasonable period and with good cause.

a. This request must be made by the Disciplinary Hearing Officer.

b. Only one (1) such postponement or continuance may be granted.

c. Any authorized continuances or postponements shall be documented in

Section 5A of Attachment 11, Disciplinary Report Form. The

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 7 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

documentation shall include why the postponement or continuance was
granted, the date it was granted, and the date it was concluded. It shall
be the responsibility of the Disciplinary Investigator, to notify the
offender(s) of any continuances or postponements.

6. Criminal Proceedings: All disciplinary reports that may result in

criminal charges shall be reported to the Office of Professional
Standards (OPS), which may assign an Investigator to investigate the
disciplinary report(s). If determined by OPS that criminal charges are
warranted, OPS will handle the criminal proceedings. Where the
offender(s) allegedly commits an act covered by criminal law, the case
is referred to the appropriate court or law enforcement officials for
consideration for prosecution. Disciplinary investigations and actions
should not be delayed to await the outcome of criminal proceedings
relating to the same infraction, unless the prosecuting or investigating
agency requests such delays.

7. Failure to Meet Filing Deadline: A charge shall be dismissed upon

failure to meet the appropriate filing deadline, as specified above.

8. Staff Who May Serve Charges: Charges may be served on the offender

by any staff member except the Disciplinary Investigator who
investigates the case, the Disciplinary Prosecutor (if applicable) who
reviews the case, and the Disciplinary Hearing Officer who shall hear
the case.

B. The Disciplinary Investigator: The Warden or Superintendent shall appoint at

least one Disciplinary Investigator and an alternate as necessary to ensure the
timely handling of disciplinary cases and to investigate disciplinary charges.
This person(s) shall also fulfill the role of the Disciplinary Prosecutor as
directed by the Warden or Superintendent. The responsibilities of the
Disciplinary Investigator include the following:

1. Upon receipt of a Disciplinary Report, check the report for completeness

and accuracy ensuring that the following are included on the report:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 8 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

a. Specific rule(s) violated w/appropriate Disciplinary Code;

b. A formal statement of the charges(s);

c. Any unusual offender behavior;

d. Any staff witness to include Confidential Witness (on a separate sheet

attached to the report);

e. Any physical evidence and its disposition;

f. Any immediate action taken, including use of force;

g. Reporting Official’s signature/printed first, last name, and rank;

h. Date/time of occurrence;

i. Location of incident;

j. Offenders’ complete name (first/last);

k. Offender’s I.D. Number;

l. Facility I.D. Number;

m. Reviewing Supervisor’s signature/printed first and last name and rank;

n. Serving Officer’s signature/printed first, last name, and rank/date/time

served; and

o. Advise the Disciplinary Hearing Officer if a Disciplinary Report is not

accurate and complete. Note: The report(s) may be recommended for
dismissal:

p. Begin an initial investigation of the Disciplinary Report within 24
hours of the time the violation is reported and/or received. During the

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 9 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

initial investigation, the Disciplinary Investigator will determine if
there is sufficient evidence to support the charge(s). This investigation
will take no longer than five (5) business days to complete. The start
and end date of the five (5) business days to conduct the investigation
shall be documented on Attachment 11, Disciplinary Report Form
under Section III, Summary of Investigation. The investigation shall be
completed without reasonable delay, unless there are exceptional
circumstances for delaying the investigation. At the completion of the
investigation, if there is sufficient evidence to support the charge(s), the
Disciplinary Investigator shall inform the offender that he/she is
charged with the infraction(s) that were proven during the initial
investigation.

NOTE. If the charge(s) are not supported, the Disciplinary
Investigator shall ensure that this information is documented on
Attachment 11, Disciplinary Report Form under Section III,
Summary of Investigation.

q. Enter the Disciplinary Report into SCRIBE once it is determined that

there is sufficient evidence to support the charges. The SCRIBE
Disciplinary Application generates a number for each Disciplinary
Report entered; and

r. Maintain the Disciplinary Hearing Log in SCRIBE.

C. SCRIBE Disciplinary Application: This computerized application serves as the

official, legal record for all disciplinary actions entered. The information
recorded in SCRIBE includes the following at a minimum:

1. The Disciplinary Report Case Number;

2. Offender’s name;

3. Offender’s state I.D. number;

4. Date of Disciplinary Report;

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|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
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|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
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5. Charge(s);

6. Name of Advocate;

7. Plea;

8. Findings; and

9. Sanctions imposed.

D. The Investigation: Once the Disciplinary Investigator completes the initial

investigation and determines that there is sufficient evidence to charge the
offender, the official investigation shall begin. From this point, the seven (7)
day adjudication process begins, excluding weekends and holidays.

1. The Offender Rights Statement:

a. Rights: The Disciplinary Investigator shall allow the offender to read

and sign Attachment 1, Offender Rights Statement and shall answer the
offender’s questions about his or her rights. The Disciplinary
Investigator shall read the statement to the offender, if necessary. The
offender’s signature attests to awareness of the rights explained on
Attachment 1, Offender Rights Statement;

b. Right to Refuse to Make a Statement: The Disciplinary Investigator

shall explicitly inform the offender of his/her right to refuse to make a
statement, and of the possibility of adverse inferences from such
refusal;

c. Witnesses: The offender also shall use Attachment 1, Offender Rights

Statement to name witnesses who should be interviewed by the
Disciplinary Investigator;

d. Adding Witnesses: The Disciplinary Investigator shall inform the

offender that, either the offender or the Staff Advocate, may submit
names of additional witnesses with summaries of their expected

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 11 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

testimony to the Disciplinary Hearing Officer. Submission of
additional witnesses should occur at least forty-eight (48) hours before
the Disciplinary Hearing. If the offender’s first meeting with the Staff
Advocate is less than forty-eight (48) hours before the Disciplinary
Hearing, the Staff Advocate may submit additional witness names and
summaries;

e. Appeals Process: The Disciplinary Investigator's explanation of the

offender’s rights shall include an explanation of the appeals process
and that he or she has the right to appeal decisions of the Disciplinary
Committee to the Warden, Superintendent, or designee and the appeal
time limits. Offenders have up to fifteen (15) calendar days of receipt
of the decision to submit an appeal. The appeal shall be decided within
thirty (30) calendar days of its receipt, and the offender shall be
promptly notified in writing of the results.

f. Options for Representation: The Disciplinary Investigator shall inform

the offender of his/her right to assistance from the Staff Advocate and
of the offender’s right to refuse such assistance. The Staff Advocate
will serve as a representative when it is apparent that an offender is not
capable of collecting and presenting evidence effectively on his or her
behalf.

2. Offender Interview: After informing the offender of his/her rights, the

Disciplinary Investigator shall interview the offender. The Disciplinary
Investigator shall record the offender’s statement, and other facts of the
interview, using Attachment 2, Disciplinary Investigation Summary.

a. Behavior during Interview: The Disciplinary Investigator shall report

the offender’s behavior during the interview; and

b. Expected testimony of Witnesses: The Disciplinary Investigator shall

report the testimony the offender expects each named witness to give.

3. Witness Interviews: The Disciplinary Investigator shall interview all

witnesses who have not already prepared and signed a written statement.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 12 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

The Disciplinary Investigator shall also interview witnesses whose
statements need clarification or additional detail, unless their statements
are redundant or inconsequential.

a. The Disciplinary Investigator shall have staff eyewitnesses prepare

witness statements.

b. All witness statements shall be attached to the Disciplinary Report. If

necessary for a complete factual review, the Disciplinary Investigator
shall summarize the statements of all other witnesses on the
Disciplinary Investigation Summary; and

c. If a material witness is a staff member who is off duty and the testimony

is consistent and the evidence does not conflict with the record, the
investigation is not to be delayed.

4. Physical Evidence: The disposition of physical evidence must be verified

or reported. The Disciplinary Investigator may interview the Reporting
Official to clarify any question(s) he/she may have.

5. List of Witnesses: The Disciplinary Investigator's Report of Investigation

shall include names and summarized testimony of all witnesses involved,
if any, requested by the offender or by the Disciplinary Prosecutor.

6. Comments and Conclusions: Under Comments and Conclusions in the

Disciplinary Investigation Summary, the Disciplinary Investigator shall
include their analysis of any conflicts between witnesses and make their
objective conclusions of what, in fact, happened. This comment shall not
conclude guilt or innocence.

7. Mental Health/Mental Retardation Considerations: In every case the

Disciplinary Investigator shall determine if the offender is assigned to an
active mental health case load, whether in a Supportive Living Unit or
being treated as an out-patient. If the offender is not assigned to a mental
health caseload, but the offender’s behavior displayed at the time of the
incident indicates a possible mental health problem, an additional mental

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|Authority:
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Facilities Division
|Access Listing:
Level II: Required Offender
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health evaluation/assessment is essential and must be document on
Attachment 9, MH/MR Evaluation.

8. During the investigative stage, the Disciplinary Investigator may determine

that the offender is eligible for a Negotiated Plea.

9. Once the Disciplinary Investigator completes the investigative stage, all

completed Disciplinary Reports will be forwarded to the Disciplinary
Hearing Officer.

10. The Disciplinary Investigator may assist the Disciplinary Hearing Officer

in the scheduling of disciplinary hearings. All hearings will be held as soon
as practicable but no later than seven (7) days, excluding weekends and
holidays, after being charged with a violation. Offenders are notified of
the time and place of the Disciplinary Hearing at least twenty-four (24)
hours in advance. Notifications of Disciplinary Hearings will be done in
the form of the daily call outs, which are also be documented on the
building traffic control logs. The call outs, should be provided to the
affected offenders during the evening mail call.

E. The Negotiated Plea:

1. Subsequent to review of the completed investigation, if the Disciplinary

Prosecutor (or Disciplinary Investigator empowered to function as a
prosecutor) or the Disciplinary Hearing Officer believes that justice can
best be served by affording the accused the opportunity to plead guilty or
no contest, an agreed upon and recommended Negotiated Plea and sanction
shall be developed between the Disciplinary Prosecutor, the offender and
the offender’s Staff Advocate, if one was requested. The Disciplinary
Prosecutor (or Disciplinary Investigator empowered to function as a
prosecutor) may recommend a reduction of the charge to a lower severity
offense than that originally charged and/or may recommend an appropriate
sanction consistent with the severity and circumstances of the offense.

2. If a Negotiated Plea is recommended, Attachment 10, Negotiated Plea

Form shall be completed by the Disciplinary Prosecutor or the Disciplinary
Investigator empowered to function as a prosecutor, reflecting the

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|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
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offense(s) for which the offender was charged and the recommendation
agreed upon.

3. The Negotiated Plea will include alternative sanctions, for example a

Disciplinary Warning or other sanctions determined appropriate for the
offender and needs of the facility. The Disciplinary Investigator will make
his/her recommendations to the Disciplinary Hearing Officer, who will
determine if the recommendations are appropriate. If the Disciplinary
Hearing Officer approves the recommendation, he/she shall sign the form
indicating approval, then forward it to the Warden/Superintendent for final
approval and signature.

4. After final approval by the Warden/Superintendent, the Negotiated Plea

and sanction shall be documented on the Disciplinary Report Form by the
Disciplinary Hearing Officer who shall advise the offender of the approved
sanction(s). The agreed upon sanction(s) shall take effect immediately
without further procedures and the case shall be closed. An offender may
not appeal a Negotiated Plea or sanction(s). If a Negotiated Plea is not
sought or if the recommendations are not approved by the Disciplinary
Hearing Officer, a hearing shall be held and all requirements related to
Disciplinary Hearings shall apply.

5. The offender may waive the right to be present by signing Attachment 3,

Offender Appearance Waiver. If the offender refuses to sign the waiver,
the notation "refused to sign" shall be made by the Disciplinary Hearing
Officer, together with his or her signature and the date and time of the
offender's refusal.

6. When the offender does not desire to or cannot be allowed to appear, both

the Disciplinary Report Form and the Offender Appearance Waiver must
state the reason(s) for holding the hearing in the absence of the offender.

F. Informal Resolutions:

1. Disciplinary Warnings: If a staff member, immediate supervisor and/or

Disciplinary Investigator believe that informally correcting such
unauthorized actions of an offender is appropriate and is supported by that

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|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
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individual’s supervisor and/or Disciplinary Hearing Officer, he or she shall
advise the offender that a Disciplinary Warning is warranted. In lieu of
receiving a Disciplinary Report, the offender may be allowed to correct the
behavior by completing an assignment designated by the appropriate
facility staff.

2. If an offender does not agree to perform the designated assignment, formal

disciplinary charges should proceed within twenty-four (24) hours of the
related offense. Offenders shall not be allowed to negotiate the extent or
type of assignment, nor is the offender allowed to appeal the alternative
sanction once she/he agrees with this action.

3. The Warden/Superintendent at each facility shall establish guidelines for

the types of charges that this form of resolution could be applied to, how
supervisors monitor its application and acceptable assignments. Examples
of acceptable assignments are included but not limited to: cleaning
assignments within the living area, trash pickup in yard area, pulling weeds,
or similar unskilled tasks.

4. In cases where the offender’s behavior is the result of them receiving an

infraction, the alternative sanction shall include meeting with the
offender’s assigned counselor. This meeting will occur no later than fortyeight (48) hours following the incident. Staff must ensure that assignments
are consistent with security requirements and any medical limitations.
Failure by the offender to complete the assignment after agreeing to do so
shall result in a Disciplinary Report for the original violation if the three
(3) business day time has not elapsed.

5. When issuing a Disciplinary Warning, the Reporting Official shall:

a. Complete Attachment 12, Disciplinary Warning Report and issue a

copy to offender;

b. Designate the time and place that the assignment is to occur. The

duration of the assignment shall not exceed two (2) hours and must be

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completed within three (3) business days of the infraction occurring;
and

c. Completion of the assignment shall be entered into SCRIBE Case

Notes documenting;

i. The date and time of the offense;

ii. The offender involved; and

iii. When the assignment was completed.

6. Assignments intended to demean offenders shall not be allowed. The

purpose of the assignment is to provide a means of influencing positive
behavior without involving formal disciplinary action.

7. Once the Disciplinary Warning has been entered into SCRIBE, the

offender shall be issued a completed copy of the form and the original shall
be placed in the offender’s institutional file.

G. The Staff Advocate: During the disciplinary process, the Staff Advocate shall

assist all offenders who request such assistance, other than MH III-IV. ( Note:
Disciplinary Hearings are administrative, in nature, therefore attorneys
are not allowed to be present.) At a minimum, each facility shall have at
least one Staff Advocate and an alternate to ensure the timely handling of
disciplinary cases. The Warden or Superintendent shall appoint a Staff
Advocate to serve a specific term of at least one (1) calendar quarter. Staff
may be appointed to serve additional terms. An alternate Staff Advocate shall
be named to assist in case of the absence of the regular Staff Advocate.

1. Requirement for Advocacy: Individuals appointed as Staff Advocates

shall, in all cases, provide such assistance unless the offender refuses
assistance. Such refusal shall be documented on Attachment 1, Offenders
Rights Statement Form.

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2. Offender’s Refusal: If an offender refuses the Staff Advocate's assistance

or does not formally request a Staff Advocate, he or she may represent
himself/herself during disciplinary proceedings.

3. Staff Advocate Duties: The primary purpose of the Staff Advocate is to

ensure that the offender understands the disciplinary process and to ensure
that all due process aspects of the disciplinary procedure are followed. It is
not the role of the Staff Advocate to make extraordinary efforts to secure
the acquittal of the offender. The Staff Advocate shall ensure the following
is accomplished

a. Answer the offender’s questions regarding due process and procedural

aspects of the Disciplinary Hearing;

b. Advise the offender of any alternatives in charging and sanctions that

may be possible under the disciplinary procedure. For example, the
Staff Advocate might discuss the possibility of negotiating a pleabargaining arrangement, when appropriate;

c. Present questions to the Disciplinary Hearing Officer and to witnesses

in the case on behalf of the offender;

d. Advise the Warden or Superintendent of any procedural errors by the

Disciplinary Hearing Officer that might adversely affect the
prison's/center's case against the offender;

e. Ensure that the Disciplinary Hearing Officer instructs the offender on

his rights of appeal; and

f. Notifications: The Staff Advocate should be notified by the

Disciplinary Investigator of the names of offenders requesting
representation. The Staff Advocate should also be notified of the date
and location of the Disciplinary Hearings.

g. Meetings and Documentation: Staff Advocates must meet with the

offender at least four (4) hours prior to the Disciplinary Hearing and

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document this meeting utilizing the Attachment 6, Staff Advocate
Form. When an offender initially refuses representation, Attachment 6,
Staff Advocate Form need not be utilized, provided that the Staff
Advocate portion on Attachment 1, Offender Rights Statement is
properly documented. If at any point after the offender requests a Staff
Advocate by way of Attachment 1, Offender Rights Statement, he or
she then refuses assistance from the Staff Advocate, this decision must
be documented on Attachment 6, Staff Advocate Form at that time and
signed by the offender. In the event the Primary Staff Advocate cannot
be present during the disciplinary hearing, he/she must meet with the
Alternate Staff Advocate at least two (2) hours prior to the Disciplinary
Hearing to discuss the offender’s Disciplinary Report. This
information will be documented on Attachment 6, Staff Advocate
Form.

H. The Disciplinary Prosecutor: The Warden or Superintendent may elect to

appoint a Disciplinary Prosecutor to review cases and determine if it is
appropriate to be formally pursued, dismissed, or to present information about
existence of evidence beyond the Disciplinary Report. Also, the
Warden/Superintendent may elect to appoint a Disciplinary Prosecutor to
identify cases in which a Negotiated Plea would best serve the interests of the
accused and the facility. The Disciplinary Prosecutor shall ensure that the
decision to enter a Negotiated Plea by the accused offender is purely voluntary.
The Disciplinary Prosecutor shall not serve as the Disciplinary Hearing Officer
in a case in which he or she acted in the capacity of Disciplinary Prosecutor.
The Warden or Superintendent may empower the Disciplinary Investigator to
fulfill the prosecutorial role if warranted due to staffing limitations and to work
with the Disciplinary Hearing Officer on cases that are appropriate for a
Negotiated Plea or dismissal.

I. The Disciplinary Hearing Officer: The Disciplinary Hearing Officer conducts

the proceedings on infractions of rules and policies with all due regard for the
rights of the accused offender. The Disciplinary Hearing Officer and an
alternate Disciplinary Hearing Officer are appointed by the Warden,
Superintendent, or designee for a term of at least one (1) calendar quarter. This
term may be extended at the discretion of the Warden, Superintendent, or

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designee. The Disciplinary Hearing Officer or alternate shall have sufficient
training so that they are thoroughly familiar with the rules of the offender
conduct, the rationale for the rule, and the sanctions available. The
responsibilities of the Disciplinary Hearing Officer include the following:
1. Review the Investigation. Once the Disciplinary Hearing Officer receives

the completed Disciplinary Report(s) from the Disciplinary Investigator,
he/she will review the Disciplinary Report(s) for completeness and
accuracy, prior to establishing a Disciplinary Hearing. The review shall
cover the following areas:

a. Sufficiency of Facts: The Disciplinary Hearing Officer shall determine

whether prosecution should proceed;

b. Severity of Charge: The Disciplinary Hearing Officer shall determine

the severity level (greater, high, moderate, or low) at which the
infraction should be considered. The Disciplinary Hearing Officer may
lower the severity of the charge(s), based on his or her assessment of
the nature of the incident. The Disciplinary Hearing Officer may
increase the severity of the charges if the offender commits a
moderate/low infraction and has received three (3) Disciplinary
Warning Reports within 180 days. The severity level may also be
increased based on the assessment of the nature of the incident;

c. Witnesses: The Disciplinary Hearing Officer shall review the list of all

proposed witnesses and summarized testimonies. The offender and/or
Staff Advocate, and the Disciplinary Prosecutor (if any), are
responsible for seeing that the Disciplinary Hearing Officer has the
names and testimonies of all witnesses. Preferably, witnesses shall be
submitted to the Disciplinary Investigator during the investigation.
Witness statements can be used by the Disciplinary Hearing Officer in
lieu of calling the witness to participate in the Disciplinary Hearing;

d. Mental Health Considerations: The Disciplinary Hearing Officer shall

review any evidence of mental illness or mental retardation disclosed
by the Disciplinary Investigator's report or otherwise, to determine the

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extent to which the offender may reasonably be held responsible for his
or her behavior; and

e. Redundant Charge: Redundant or duplicate charges for the same

incident shall be prohibited. However, distinct rule infractions arising
from the same incident may be charged and punished separately.

2. Ensure that offenders charged with rule violations are scheduled for a

hearing and decision within seven (7) days, excluding weekends and
holidays by a person not involved in the rule violation.

3. Determine the appropriate sanctions(s) if the offender is found guilty of the

disciplinary charge(s).

4. Determine the appropriateness of a Negotiated Plea or alternative

sanction(s) to which an offender and the Disciplinary Prosecutor and/or
Disciplinary Investigator reached.

5. If the offender is found not guilty of the disciplinary charges(s), ensure that

the Disciplinary Report is removed from the offender’s Institutional file. If
the offender has been charged with a single or multiple infractions, and it
is determined that any of the charges are not supported, those charges will
be removed from the Disciplinary Report. The only charges that should be
reflected on the Disciplinary Report are those charges that have been
substantiated and the offender has been found “guilty” of. All
unsubstantiated and not guilty charges will be marked over or blackened
out.

6. Ensure that all decisions are based solely on information obtained in the

hearing process, including statements from staff, the factual statement, and
evidence derived from witnesses and other documents.

7. Ensure the remainder of the disciplinary procedures contained within this

policy are carried out in a timely, efficient, and completely impartial
manner. The Disciplinary Hearing Officer is directly responsible to the

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Warden or Superintendent to maintain functional independence from other
departments of the prison or center.

J. Disciplinary Hearing:

1. Presentation of Evidence: The Disciplinary Hearing Officer shall read the

evidence against the accused offender. Then, the charged offender or Staff
Advocate may present a defense. If evidence beyond the Disciplinary
Report and relevant written witness statements are to be presented, the
Disciplinary Hearing Officer may request that a Disciplinary Prosecutor
present the case.

2. Offender's Right to be Present: The offender has the right to be present

throughout the Disciplinary Hearing proceedings, except when the prison
or an individual’s security would be jeopardized by the offender's presence.

3. The offender may waive the right to be present by signing Attachment 3,

Offender Appearance Waiver.

4. If the offender refuses to sign the Offender Appearance Waiver, the

notation "refused to sign" shall be made by the Disciplinary Hearing
Officer and he/she will sign the form and notate the date and time of the
offender's refusal.

5. When the offender does not desire to or cannot be allowed to appear, both

the Disciplinary Report Form and the Offender Appearance Waiver must
state the reason(s) for holding the hearing in the absence of the offender.

K. Offender’s Right to Speak and Present Witnesses: The offender shall be

entitled to make a statement and to present documentary evidence in his or her
own behalf. The offender has the right to call witnesses who have been named
in advance following procedures specified herein.
1. Witnesses must be allowed to testify and to present evidence at the hearing

on the offender's behalf unless one or more of the following are established:

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a. It is determined by the Disciplinary Hearing Officer that the

information contained in the Witness Statement is sufficient and stands
on its own;

b. The calling or testimony of the witness would jeopardize prison

security;

c. The calling or testimony of the witness would jeopardize an

individual's safety;

d. The testimony of the witness would not be supportive of the offender’s

defense;

e. The testimony of the witness would be irrelevant to the issues before

the Disciplinary Hearing Officer;

f. The testimony of the witness would be, in the discretion of the

Disciplinary Hearing Officer, merely cumulative of other testimony. If
proposed testimony is ruled to be merely cumulative, the offender or
his/her Staff Advocate may select the witness(s) who shall appear to
present admissible testimony.

g. The witness is a civilian who is either unwilling or unable to provide a

statement or appear at a disciplinary hearing (typically at Transitional
Centers where infractions may have occurred at the place of
employment or while on pass).

2. Basis for Witness Exclusion: A determination of the above listed criteria

shall be based upon the witness statements, which the Disciplinary
Investigator obtains at the time of the investigation and/or summarization
on the Attachment 2, Disciplinary Investigation Summary.

3. Documentation of Witness Exclusion: If an offender is denied any

requested witness, that denial and reasons therefore must be fully
documented in writing on Attachment 8, Witness(s) Hearing
Documentation Form.

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4. Late Request for Witness: If an offender’s first request to call a witness is

made during or at the time of the hearing, the decision to call the witness
shall be in the discretion of the Disciplinary Hearing Officer, who may
allow the witness to be called for good cause shown. If the Disciplinary
Hearing Officer approves such a request, he or she has discretion to grant
and document a reasonable continuance, if that is required in the interest of
fairness.

5. Failure of Witness to Appear: Those witnesses who have been called, but

fail to present themselves without explanation by the time all arguments
have been completed, shall be subject to disciplinary action unless he or
she contends that his or her testimony is protected under the privilege
against self-incrimination as set forth in the Fifth Amendment to the United
States Constitution.

a. Witnesses shall be notified of this fact;

b. The Disciplinary Hearing Officer shall allow the offender or Staff

Advocate to state what the witness would have testified; and

c. If the evidence according to the witness' previous statement is helpful,

it shall either be given the same weight as if the witness appeared or,
alternatively, if the Disciplinary Hearing Officer does not wish to give
the same weight to the statement, then the hearing shall be recessed
until the witness can be present.

L. Offender’s Right to Waive Appearance of His or Her Requested Witnesses :

Before the hearing, an offender may elect not to have his or her requested
witness(s) appear. This decision must be indicated on Attachment 8,
Witness(s) Hearing Documentation Form. Written statements from these
witnesses shall be considered by the Disciplinary Hearing Officer.

M. Reporting Official's Role in Hearing: The Reporting Official normally will not

be required to attend the Disciplinary Hearing. However, the Reporting
Official may be called to testify by either the Disciplinary Prosecutor (if this

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role is filled), by the offender, or by the Staff Advocate. If the offender or Staff
Advocate requests the Reporting Official, the Disciplinary Hearing Officer
shall decide the issue, considering the following:
1. Whether the Reporting Official is the only witness to the incident which

gave rise to the Disciplinary Report;

2. Whether the credibility of the Reporting Official has been called into

question; or

3. Whether the offender’s request for the presence of the Reporting Official

is intended only for harassment.

N. Non-Staff, Non-Offender Witnesses: Proposed witnesses other than offenders

and staff members may be requested. However, unavailability of such
witnesses shall not be permitted to delay proceedings. Written statements from
these witnesses shall be admitted into evidence by the Disciplinary Hearing
Officer and considered.

O. Cross-Examination: The Disciplinary Hearing Officer has authority to approve

a request to cross-examine a witness. Such cross-examination shall be allowed
unless it would jeopardize prison or individual’s security or appears to be
intended to harass the witness.
1. The Staff Advocate shall conduct the cross-examination.

2. If the offender has refused the services of a Staff Advocate, the offender

shall submit any cross-examination questions in writing to the Disciplinary
Hearing Officer who shall conduct the cross-examination of witnesses.

P. Reduction of Charg e: The Disciplinary Hearing Officer may determine during

the hearing that the charge should be reduced.
1. The accused offender must be advised of this decision immediately, before

sanctioning.

2. The record must reflect both the charge for which the offender was tried

and convicted and the original charge(s).

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3. The Disciplinary Hearing Officer may reduce the charge if he or she

determines that the violation for which the offender was charged is more
severe than the conduct described in the factual statement of Disciplinary
Report.

4. The reduced charge must stem from the same incident and be similar in

nature, although not severity, to the original charge brought against the
offender.

Q. Disciplinary Hearing Officer's Ruling: After a period of deliberation at the

conclusion of the hearing, the Disciplinary Hearing Officer shall announce the
decision.
1. This decision shall be based solely upon the evidence that has been

presented during the hearing.

2. In the process of weighing the evidence, the Disciplinary Hearing Officer

shall determine guilt and recommend appropriate disciplinary sanction(s).

R. Imposition of Sanctions: If guilty of the charged offense(s), a sanction(s) shall

be imposed as provided by these procedures. Record the information in the
offender’s Institutional file may be reviewed by the Disciplinary Hearing
Officer only after a finding of guilty to assist in determining an appropriate
sanction(s).
1. The severity of sanctions should reflect the severity of the incident;

2. The Disciplinary Hearing Officer may increase the severity of the charge(s)

to the next highest level if the offender has been convicted of three or more
infractions of equal or greater severity within the previous 180 days,
including the current incident. Multiple charges stemming from a single
incident shall be counted only once; and

3. When multiple sanctions are given, the Disciplinary Hearing Officer must

indicate in writing whether the sanctions are to run consecutively or
concurrently.

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S. Documentation in Institutional file/SCRIBE: At the conclusion of the

disciplinary hearing, the Disciplinary Investigator shall be responsible for
ensuring that appropriate documentation is made in the offender’s Institutional
file and SCRIBE. He or she shall ensure that only the “guilty” charge(s), are
documented. All “not guilty” charge(s) and dismissed Disciplinary Report(s)
will not be documented or placed in the offender’s Institutional file. However,
the dismissed reports will be documented into SCRIBE.

T. Prohibited Acts and Disciplinary Severity Scale: There are two (2) categories

of prohibited acts: Greatest or High Severity, with specifically authorized
sanctions for each.

U. Disciplinary Code: The prohibited acts are listed in Attachment 4, Offender

Disciplinary Code.

V. Authorized Sanctions: Authorized sanctions are listed in Attachment 5,

Authorized Disciplinary Sanctions List. The imposition of any sanction
requires that the offender first be found to have committed a prohibited act.
The Disciplinary Hearing Officer shall impose and execute one or more of the
sanctions found in Attachment 5, Authorized Disciplinary Sanctions List.

W. Limitation on Disciplinary Isolation: The following limitations apply to

Disciplinary Isolation:
1. 30-Day Limit for Prisons and Transitional Centers: Confinement to an

isolation cell more than thirty (30) consecutive days shall not be imposed;

2. If isolation time imposed exceeds thirty (30) days due to being necessary

to control and encourage behavioral change, a recommendation for
placement of the offender in the Tier II program is warranted; and

3. 14-Day Limit for PDCs and ITFs: Confinement to an isolation cell more

than fourteen (14) days shall not be imposed.

X. Notice of Right to Appeal: The Disciplinary Hearing Officer must inform the

offender that he or she has a right to appeal the findings. This shall be noted on
the Disciplinary Report, and the offender will be given Attachment 7,

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Disciplinary Appeal Form. Offenders have up to fifteen (15) calendar days of
receipt of the decision to submit an appeal. The appeal shall be decided within
thirty (30) calendar days of its receipt, and the offender shall be promptly
notified in writing of the results.

Y. Review and Approval of Disciplinary Findings: All Disciplinary Hearings

and dispositions will be reviewed by the Warden/Superintendent or designee
to assure conformity with policy and regulations. For this policy, the Deputy
Warden of Security/Assistant Superintendent will be responsible for the review
process. Within five (5) calendar days after the review process has been
completed, the Disciplinary Investigator or clerical staff shall be responsible
for ensuring that the offender(s) receives a copy of the Disciplinary Report,
which includes the Summary of Investigation, the Hearing Officer’s
recommendations and the disposition of the Disciplinary Hearing.

Z. Implementation of Sanctions: Disciplinary sanctions and administrative

procedures, excluding restitution, shall be implemented as soon as possible
after the Disciplinary Hearing, but no later than one (1) business day after the
Disciplinary Hearing.

AA. Responsibility for Deadlines: Clerical staff assigned to process the

Disciplinary Report in SCRIBE shall monitor procedural time frames to ensure
compliance.

BB. Disciplinary Process for Offenders Transferring from One Facility to Another:

When an offender transfers from one facility to another before the Disciplinary
Report process is complete, the following shall occur:
1. If the Disciplinary Report investigation was not completed, the

Disciplinary Investigator assigned to the facility where the Disciplinary
Report violation originated shall complete all witness statements.

2. The Disciplinary Investigator shall gather and review all the information

pertaining to the Disciplinary Report violation.

3. The Disciplinary Investigator shall email all the collected information and

files to the receiving facility’s Disciplinary Investigator.

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4. The Disciplinary Investigator at the receiving facility shall determine if a

Negotiated Plea, alternative sanction, or Disciplinary Hearing is
appropriate.

5. The Disciplinary Hearing Officer at the receiving facility shall schedule a

formal hearing and complete all elements of the DR hearing process.

CC. Appropriate Grounds for Offender Appeal:

1. Offender was not advised on her/his rights as outlined in this policy.

2. Failure to meet established time lines outlined in this policy.

3. Staff Advocate services were not provided to general population (GP)

offenders who requested a Staff Advocate as indicated in this policy.

4. Staff Advocate services were not provided to MH Level II, MH III or MH

IV offenders as required by SOP 508.18 MH/MR Discipline Procedures.

5. MH Level III and MH Level IV offenders did not receive a MH evaluation

as required by SOP 508.18 MH/MR Discipline Procedures.

6. Failure to document an offender’s inability to participate in his/her own

Disciplinary Hearing.

7. The imposed sanctions are not within guidelines established within the

policy.

DD. Offender Appeals:

1 . The Disciplinary Appeal Form: The Disciplinary Appeal shall only be

accepted on Attachment 7, Disciplinary Appeal Form, which the
Disciplinary Hearing Officer shall make available to all offenders found
guilty. The Disciplinary Appeal Form shall include a statement of the
offender’s grounds for appeal.

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a. Failure of the Disciplinary Hearing Officer to provide the Disciplinary

Appeal Form to an offender wishing to appeal shall be considered a
procedural error, which may result in the dismissal/expunging of the
Disciplinary Report.

b. Failure of the offender to use the designated Disciplinary Appeal Form

shall result in the appeal not being processed.

2. Deadlines for Appeal:

a. Offenders may appeal disciplinary decisions within fifteen (15)

calendar days from the date of adjudication by the Disciplinary Hearing
Officer.

b. Missing the Deadline: The appeal shall be denied if it is not filed within

fifteen (15) calendar days. Written notification to this effect shall be
provided to the offender.

3. First Appeal: The Warden/Superintendent or designee (to be appointed)

shall make the first appellate decision regarding the offender’s appeal. If
the Warden/Superintendent or designee is the Reporting Official or
otherwise involved in the case, another individual shall be designated to
hear that appeal.

4. Nature of Appeal: In this review, the Warden/Superintendent or designee

shall consider any factor raised by the offender in his or her appeal.

5. Possible Outcomes: The Warden’s/Superintendent’s or designee's first

appellate decision may affirm, reverse or modify the Disciplinary Hearing
Officer's findings, or reduce the sanctions imposed.

6. Appeal Decision: After an appeal is filed, the Warden/Superintendent or

designee has thirty (30) calendar days from the date the appeal is received
from the offender to make the first appellate decision and respond to the
offender.

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7. Procedure for Disciplinary Report Modified or Expunged (Overturned) by

First Appeal: Whenever the first appeal results in a change or deletion of
the Disciplinary Report, the facility staff shall enter all the information into
the appropriate fields in the SCRIBE Disciplinary Application. If modified
by the Warden/Superintendent, the Administrative Assistant or designee
shall be responsible for making the designated modifications. If expunged,
the Disciplinary Report shall be removed from the offender’s Institutional
file and destroyed. A copy of the Disciplinary Appeal Form with the
Warden’s/Superintendent’s decision shall be maintained in the offender’s
Institutional file.

8. Second Appeal: The offender may file a second appeal if the first appeal

decision is unsatisfactory, subject to the following:

a. Mailing Address: This second appeal must be mailed to the following

address:

OFFICE OF PROFESSIONAL STANDARDS

P.O. Box 310
Hardwick, Georgia 31034

b. Deadline: This appeal must be post marked within five (5) business

days of the date of the first appellate decision.

c. Missing the Deadline: The appeal shall be denied if it is not filed within

five (5) business days. Written notification to this effect shall be
provided to the offender.

9. Skipping the First Appeal: If the offender fails to appeal at the first appellate

level, any further appeal shall be terminated.

10. All Disciplinary Reports that are overturned on appeal by the

Warden/Superintendent or Office of Professional Standards, shall be
removed from the offender’s Institutional file and destroyed by the
Administrative Assistant or designee. The appeal memorandum from the
Office of Professional Standards shall be maintained in the offender’s
Institutional file.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 31 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

EE. Staff Administrative Processing Fee: This fee is intended to defray a portion

of the significant costs associated with the processing of formal disciplinary
charges against offenders resulting from rule violations.
1. A standard administrative/processing fee of four dollars ($4.00) for each

Disciplinary Report issued is to be charged to the offender’s account after
a guilty finding/Negotiated Plea by the Disciplinary Hearing Officer and
approval of the finding by the Warden/Superintendent. This fee shall apply
to all Disciplinary Reports which result in a guilty finding regardless of the
severity level or any sanctions imposed. The decision to authorize a
Negotiated Plea shall not negate this fee from being applied, nor can this
fee be waived.

2. There shall only be one (1) fee for each Disciplinary Report regardless of

the number of charges within the Disciplinary Report.

3. The matter of the imposition of the fee is not an appealable issue, nor is it a

matter that can be grieved.

4. After a finding of guilt/Negotiated Plea, and after the
Warden's/Superintendent's approval, the facility Business Manager shall be
notified that the fee is to be deducted from the offender’s account. If a
Disciplinary Report is overturned by the Warden/Superintendent or the
Commissioner's Office, Executive Assistant or designee because of an
appeal, the Business Manager at the facility where the offender is assigned
shall be notified to facilitate reimbursement of the account per SOP 201.04
Charges to Offender Accounts for Healthcare, Willful Acts, and Court
Costs.

5. This fee shall be applied to state offenders housed at state administered

prisons/centers and privately contracted facilities housing state offenders.
County Correctional Institutions may elect to collect the fee and retain the
generated funds within their County.

6. Because of the time and formal processing required when pursuing felony

charges for local court prosecution, an offender found guilty of D-3(j),

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Offender Discipline|Policy Name:Offender Discipline|Policy Name:Offender Discipline|
|Policy Number: 209.01|Effective Date: 11/6/2017|Page Number: 32 of 32|
|Authority:
Commissioner|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access
|

Possession of a Cell Phone, shall be charged an administrative processing
fee of one hundred dollars ($100.00).

7. If the Disciplinary Report is expunged on appeal, the
Warden’s/Superintendent’s Administrative Assistant or designee shall be
responsible for notifying the Business Manager. The Business Manager
shall be responsible for reimbursing the offender’s account.

V. Attachments:
Attachment 1, Offender Rights Statement
Attachment 2, Disciplinary Investigation Summary
Attachment 3, Offender Appearance Waiver
Attachment 4, Offender Disciplinary Charge Codes
Attachment 5, Authorized Disciplinary Sanctions List
Attachment 6, Staff Advocate Form
Attachment 7, Disciplinary Appeal Form
Attachment 8, Witness(s) Hearing Documentation Form
Attachment 9, MH/MR Evaluation
Attachment 10, Negotiated Plea Form
Attachment 11, Disciplinary Report Form
Attachment 12, Disciplinary Warning Report
Attachment 13, Suggested Guidelines for Issuing Disciplinary Reports (by

Offense)

VI. Record Retention of Forms Relevant to this Policy:
Attachments 1, 2, 3, 6, 7, 8, 9, 10, 11, and 12 of this SOP shall become part of the
offender’s institutional file and shall be maintained according to the official
records retention schedule for institutional files. A copy of Attachment 9 shall also
be placed in the Mental Health Record. See the instructions within the SOP for
overturned or dismissed Disciplinary Reports. Attachments 4, 5, and 13 shall be
utilized as instructed in the SOP until they are obsolete or replaced.