SOP_NUMBER: 209.01-att-1
TITLE: Offender Rights Statement
REFERENCE_CODE: IIB02-0001
DIVISION: Facilities
TOPIC_AREA: 209 Policy-Facilities Control/Discipline/Segregation
EFFECTIVE_DATE: 2017-11-06
WORD_COUNT: 323
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105917
URL: https://gps.press/sop-data/209.01-att-1/

SUMMARY:
This form documents the rights that must be read to an offender before a disciplinary hearing takes place. It informs offenders of their right to a 24-hour waiting period before the hearing, the ability to request a continuance, appointment of a staff advocate, witness testimony, appeal procedures at multiple levels, and the right to remain silent. The form serves as a written record that the offender has been informed of these rights and understands them.

KEY_TOPICS: offender rights, disciplinary hearing, disciplinary report, staff advocate, witness testimony, appeal process, inmate appeals, Warden appeal, institutional discipline, due process rights, hearing procedures

ATTACHMENTS:
  1. Offender Rights Statement
     URL: https://gps.press/sop-data/209.01-att-1/
  2. Disciplinary Investigation Summary
     URL: https://gps.press/sop-data/209.01-att-2/
  3. Offender Appearance Waiver
     URL: https://gps.press/sop-data/209.01-att-3/
  4. Prohibited Acts Offender Disciplinary Charge Codes
     URL: https://gps.press/sop-data/209.01-att-4/
  5. Authorized Disciplinary Sanctions List
     URL: https://gps.press/sop-data/209.01-att-5/
  6. Staff Advocate Form
     URL: https://gps.press/sop-data/209.01-att-6/
  7. Disciplinary Appeal Form
     URL: https://gps.press/sop-data/209.01-att-7/
  8. Use of Witness(s) Hearing Documentation Form
     URL: https://gps.press/sop-data/209.01-att-8/
  9. MH/MR Evaluation for Disciplinary Action
     URL: https://gps.press/sop-data/209.01-att-9/
  10. Negotiated Plea Form
     URL: https://gps.press/sop-data/209.01-att-10/
  11. Disciplinary Report Form
     URL: https://gps.press/sop-data/209.01-att-11/
  12. Disciplinary Warning Report
     URL: https://gps.press/sop-data/209.01-att-12/
  13. Guidelines for Issuing Disciplinary Reports (By Offense)
     URL: https://gps.press/sop-data/209.01-att-13/

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FULL TEXT:
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SOP 209.01
Attachment 1

11/6/17


OFFENDER RIGHTS STATEMENT

Facility:______________________________________ Disciplinary Report #:_____________________________
Offender Name: ____________________________________________Offender ID#: ______________________

The following list of items must be read to each offender before a charge is heard by the Disciplinary Hearing
Officer.

1. The Disciplinary Hearing Officer shall wait a period of 24-hours prior to conducting a Disciplinary
Hearing.

2. You may request in writing (listing reasons) from the Warden or Superintendent that this hearing be
continued for a period of three (3) days in order that you may prepare your case. This extension is at the
discretion of the Warden or Superintendent.

3. You may request a Staff Advocate who shall be appointed by the Warden/Superintendent.

4. You may request witnesses to testify on your behalf.

5. The Disciplinary Hearing Officer shall advise you of his/her decision and your right to appeal.

6. You may appeal any action taken by the Disciplinary Hearing Officer to the Warden or Superintendent.
This appeal shall be made in writing to the Warden or Superintendent within five (5) working days.

7. You may appeal the decision of the Warden or Superintendent to:

Georgia Department of Corrections
Inmate Affairs Unit
P. O. Box 310
Hardwick, Georgia. 31034

This appeal must be done in writing within five (5) working days following the action of the Warden or
Superintendent or his/her designee's first appellate decision in an uncensored letter (sealed) containing the
basis of your appeal.

8. You have the right to elect not to make a statement to the Investigator and the Disciplinary Hearing Officer.
However, your silence with other available evidence could result in adverse findings.

I, the undersigned offender, have had read to me the above rules and I understand them.
Advocate Requested:  ___Yes ___No
Witness (s) Requested: ___Yes ___No

Names of Witnesses Requested: __________________________________________________________________
(Reproduce locally)
____________________________________________________________________________________________

____________________________________________________________________________________________

Date Offender's Signature Witness


Retention Schedule: Upon completion, this form shall be placed in the offender’s institutional file. except for those overturned or dismissed,
and shall be kept according to the official records retention schedule for institutional files