Section 791.5501. Major misconduct; minor misconduct; hearing; confiscation and disposition of contraband.

(1) An alleged violation of  department   rules  shall   be classified as major misconduct or minor misconduct on the  basis   of  the seriousness   of the act and the disciplinary sanctions allowed. The director shall determine what constitutes major and minor misconduct, the time limits for conducting hearings, and the range of disciplinary sanctions which may be imposed upon a finding of guilt.

(2)      A prisoner charged with major misconduct shall  be  provided  a formal hearing conducted in accordance   with  R  791.11903.  A  prisoner charged  with minor misconduct shall be provided a fact-finding hearing conducted  in accordance with R 791.3310. Upon a finding of guilt of major or  minor misconduct, the prisoner  shall  be   subject  to  the disciplinary   sanctions ordered by the hearing officer.

(3)       A prisoner may plead guilty to a minor misconduct and waive a hearing by signing a written waiver. If the waiver is accepted, disciplinary sanctions may be imposed by the department official accepting the waiver.

(4)     In addition  to  the    disciplinary   sanctions   imposed    by    the hearing officer, a prisoner who is found guilty of a major misconduct shall be subject to both of the following provisions:

(a)      A prisoner who is subject to good time or disciplinary credits will not earn good time or disciplinary credits during the month in which the major misconduct violation occurred. The warden also may forfeit previously earned good time and disciplinary credits pursuant to R 791.5513, and not grant special good time and special disciplinary credits.

(b)         A  prisoner  who  is   subject  to  disciplinary   time  will accumulate disciplinary time for the major misconduct pursuant to R 791.5515.

(5)      Property determined to be contraband at a misconduct hearing or based on a waiver accepted pursuant to this rule shall be confiscated and disposed of in accordance with department policy as directed by the hearing officer or department official who accepted the waiver.

History: 1979 AC; 1987 AACS; 2002 AACS.