§ 852 - Disciplinary committee; hearing - Vermont Statutes

§ 852. Disciplinary committee; hearing

(a) The supervising officer of each facility shall appoint a disciplinary committee where appropriate from among the staff of the facility. The supervising officer may designate himself or herself or a subordinate as chair of the committee. The commissioner may designate a hearing officer to hear evidence and make findings of fact and recommendations to the committee.

(b) In disciplinary cases, which may involve the imposition of disciplinary segregation or the loss of good time, the disciplinary committee or a designated hearing officer shall conduct a fact-finding hearing pursuant to the following procedure:

(1) Notice of the charge and of the hearing shall be given to the inmate so charged;

(2) The inmate shall have an opportunity subject to reasonable rules to confront the person bringing the charge;

(3) The inmate shall be entitled to be present and be heard at the hearing subject to reasonable rules of conduct;

(4) The committee or hearing officer shall summon to testify any available witness or other persons with relevant knowledge of the incident subject to reasonable rules. The inmate charged may be permitted to question any person so summoned;

(5) The inmate charged may be assisted upon request in the preparation and presentation of his or her case by an assigned employee of the facility if the supervising officer determines, in his discretion, that the requested employee is reasonably available.

(c) If the charge against the inmate is sustained, the disciplinary committee may impose appropriate punishment, which shall be reviewed in every case by the supervising officer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 8; 1973, No. 206 (Adj. Sess.), § 4, eff. May 3, 1974.)