SOP 209.01-att-3: Offender Appearance Waiver

Division:
Facilities
Effective Date:
November 6, 2017
Reference Code:
IIB02-0001
Topic Area:
209 Policy-Facilities Control/Discipline/Segregation
PowerDMS:
View on PowerDMS
Length:
170 words

Summary

This form documents an offender's voluntary waiver of their right to be present during a disciplinary hearing. The waiver must be signed by the offender and witnessed, acknowledging that they have been informed of their right to attend the hearing but choose not to do so. If the offender refuses to sign, the Hearing Officer must document the refusal and note it on the Disciplinary Report Form.

Key Topics

  • disciplinary hearing
  • offender appearance waiver
  • right to be present
  • hearing waiver
  • disciplinary procedures
  • offender rights
  • waiver form
  • institutional discipline

Full Text

SOP 209.01
Attachment 3
11/6/17

OFFENDER APPEARANCE WAIVER

Facility: _________________________________ Disciplinary Report #: ________________________________

Offender’s Name: ___________________________ Offender’s ID#: ___________________________________

You have the right to be present throughout the hearing proceedings except during the deliberations.
However, you may waive the right to be present. If you choose not to be present during the
disciplinary hearing you shall sign this form.

I have read or have had read to me the above rights and I officially request not to be present during
this disciplinary hearing.

___________________________________ ______________________ ________________
Offender’s Signature I.D. Number Date

___________________________________ ______________________ ________________
Witness Title Date

If the offender refuses to sign this waiver form, the Disciplinary Hearing Officer must note "refused

to sign" along with date and time of refusal and his/her signature. The Disciplinary Report Form
must also reflect that the disciplinary hearing was held with the offender absent.

Retention Schedule: (Reproduce locally) 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.

Attachments (13)

  1. Offender Rights Statement (323 words)
  2. Disciplinary Investigation Summary (113 words)
  3. Offender Appearance Waiver (170 words)
  4. Prohibited Acts Offender Disciplinary Charge Codes (4,823 words)
  5. Authorized Disciplinary Sanctions List (1,358 words)
  6. Staff Advocate Form (465 words)
  7. Disciplinary Appeal Form (117 words)
  8. Use of Witness(s) Hearing Documentation Form (115 words)
  9. MH/MR Evaluation for Disciplinary Action (261 words)
  10. Negotiated Plea Form (125 words)
  11. Disciplinary Report Form (171 words)
  12. Disciplinary Warning Report (78 words)
  13. Guidelines for Issuing Disciplinary Reports (By Offense) (285 words)
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