Section 28-512. POST-HEARING DELIBERATION AND DECISION  


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    512.1After hearing all the evidence in a particular case, the Board shall deliberate as to the guilt or innocence of the resident.

     

    512.2The decision of the Board as to the guilt or innocence of the resident shall be based only on matters presented at the hearing.

     

    512.3While conducting the hearing and during deliberations, the Board shall not examine the prison jacket or prior disciplinary record of the resident.

     

    512.4The contents of the prison jacket shall be used only if the resident is found guilty, and then only as an aid in determining the appropriate corrective action to be imposed.

     

    512.5The Board shall inform the resident orally immediately after deliberation of its finding as to guilt or innocence, and shall afford the resident (or the resident's counsel or substitute counsel) an opportunity to present a statement regarding an appropriate corrective action.

     

    512.6The resident shall be notified orally immediately after further deliberation of the corrective action to be imposed.

     

    512.7The Board shall issue a decision in writing stating its findings as to the resident's involvement, the factual information upon which the finding is based, and, if the resident has been found guilty, the penalty to be imposed and notice of the resident's right to appeal under § 513.

     

    512.8If the decision of the Board is not unanimous, this fact shall also be recorded.

     

    512.9The decision shall be signed by all Board members, or, if appropriate, by the hearing officer.

     

    512.10The resident shall receive a copy of the written decision within three (3) working days of the hearing.

     

source

Final Rulemaking published at 28 DCR 865, 884-85 (February 27, 1981).