Section 137-28-285. Offender rights.

(1) An offender charged with a violation(s) has the right to:

(a) A fair and impartial hearing;

(b) Written notice of the alleged violation(s) and a summary of the supporting evidence at least twenty-four hours before the hearing;

(i) The notice shall include a statement of the rights listed in this section.

(ii) The offender may waive the twenty-four hour notice.

(c) Be present at the hearing or waive presence at the hearing;

(d) Request a department advisor and/or an interpreter to assist the offender in preparing for and participating in the hearing;

(e) Testify or remain silent;

(f) Call witnesses and present documentary evidence, though the hearing officer may exclude witnesses/evidence deemed irrelevant, duplicative, or unnecessary;

(g) Propose questions for the hearing officer to ask witnesses, although the hearing officer may exclude questions deemed irrelevant, duplicative, or unnecessary;

(h) Appeal the hearing officer's finding(s) and/or sanction(s) imposed to the superintendent within fifteen business days of the hearing officer's decision.

(2) Offenders do not have the right to:

(a) Cross-examine witnesses;

(b) Have the reporting staff member present at the hearing;

(c) Receive a polygraph or other supplemental tests;

(d) Examine physical evidence;

(e) Receive confidential information.

[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-285, filed 9/24/15, effective 1/8/16.]

RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-285, filed 9/24/15, effective 1/8/16.