SOP_NUMBER: 209.01-att-6 TITLE: Staff Advocate Form REFERENCE_CODE: IIB02-0001 DIVISION: Facilities TOPIC_AREA: 209 Policy-Facilities Control/Discipline/Segregation EFFECTIVE_DATE: 2017-11-06 WORD_COUNT: 465 POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105922 URL: https://gps.press/sop-data/209.01-att-6/ SUMMARY: This form documents an offender's request for and receipt of staff advocate services during the disciplinary hearing process. The staff advocate assists offenders by explaining due process rights, discussing charging alternatives and possible sanctions, representing the offender at the hearing, and ensuring procedural compliance. The form tracks pre-hearing preparation activities and post-hearing advocacy actions to verify all due process requirements were met. KEY_TOPICS: staff advocate, disciplinary hearing, due process, offender representation, disciplinary investigation, disciplinary charges, plea-bargaining, appeal rights, hearing officer, disciplinary procedure, inmate rights, prison discipline 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/ ======================================================================== FULL TEXT: ======================================================================== SOP 209.01 Attachment 6 11/6/17 Page **1** of **2** STAFF ADVOCATE FORM Facility: ___________________________________ Disciplinary Report #: ____________________ Offender’s Name: ___________________________Offender’s ID#: ________________________ Disciplinary Investigator: ______________________ Date: _______________Time: ___________ Disciplinary Report Charges: (1) ____________________ (2) ____________________ (3) ____________________ I do / do not request the services of a staff advocate. _________________________________________ Offender’s Signature/Printed Name/Date/Time As the Staff Advocate, I shall ensure that you understand the disciplinary process and that all due process aspects of the disciplinary procedure are followed. PRE-HEARING: The Offender shall initial after each aspect, during the interview with the Advocate that the following was accomplished: a. Answered your questions regarding due process and procedural aspects of the Disciplinary Hearing. ______ b. Advised you of any alternatives in charging and sanctions that may be possible under the disciplinary procedure. For example, the possibility of a disciplinary warning report, and/or, negotiating a plea-bargaining arrangement, when appropriate. _____ c. Met with you and discussed my responsibilities as the Staff Advocate, at least four (4) hours prior to the Disciplinary Hearing. _____ d. Questions for the Disciplinary Hearing Officer and witnesses were submitted to the Staff Advocate at the time of interview. _____ I met with the Staff Advocate, and understand the disciplinary process and all due process aspects of the disciplinary procedure. ___________________________________________ _____________________ Offender’s Signature/Printed Name Date/Time Retention Schedule: Upon completion, this form shall be placed in the offender's case history file, except for those overturned or dismissed, and shall be kept according to the official records retention schedule for institutional files. SOP 209.01 Attachment 6 11/6/17 Page **2** of **2** STAFF ADVOCATE FORM POST HEARING: The Staff Advocate shall initial after each aspect, during the Disciplinary Hearing. e. I was notified by the Disciplinary Investigator of the names of offenders requesting representation. Also, the date and location of the Disciplinary Hearings. _____ f. Presented questions to the Disciplinary Hearing Officer and to witnesses in the case on your behalf. _____ g. Ensured that the Disciplinary Hearing Officer instructs you on your rights to appeal, and presented you with an appeal form. _____ h. Advised the Warden/Superintendent of any procedural errors by the Disciplinary Hearing Officer, that might adversely affect the prison’s/center’s case against you, if applicable. _____ Comments: **______________________________________________________________________________________** ______________________________________________________________________________________ ______________________________________________________________________________________ My signature certifies that the information stated above is accurate and true. General Population Advocate: ___________________________________ __________________ Signature/Printed Name/Title Date/Time Mental Health Advocate: ___________________________________ __________________ Signature/Printed Name/Title Date/Time Alternate Advocate: _____________________________________ __________________ Signature/Printed Name/Title Date/Time **NOTE: An Alternate Advocate shall be utilized when the Primary Advocate is unable to attend the** **scheduled Disciplinary Hearing. The Primary and Alternate Advocates shall meet and** **discuss the disciplinary report at least two (2) hours prior to the scheduled Disciplinary** **Hearing.** (Reproduce locally) Retention Schedule: Upon completion, this form shall be placed in the offender's case history file, except for those overturned or dismissed, and shall be kept according to the official records retention schedule for institutional files.