Section 217.380

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 217

Effective - 28 Aug 2003, 2 histories   

  217.380.  Records of violations and convictions of offenders, information required — disciplinary segregation, hearing, time period. — 1.  When an offender is found guilty of a violation of a correctional facility rule or convicted of a felony or misdemeanor, a record of such violation or conviction shall be recorded in the offender's file and in a central record.  The record shall clearly state the offense, the reporting officer's name, when and where the violation or offense was committed and the action taken by any disciplinary body or other personnel of the department.

  2.  An offender who has violated any published rule or regulation of the division or correctional facility relating to the conduct of offenders may, after proper hearing and upon order of the chief administrative officer or his or her designee of the correctional facility, be confined in a disciplinary segregation unit for a period not to exceed thirty days.  Disciplinary segregation of more than ten days may only be given for serious conduct violations as defined by rule or regulation of the division.

  3.  Violation hearings under the provision of subsection 2 of this section are not contested cases under the provisions of chapter 536.  Violation hearings under the provisions of subsection 2 of this section are not subject to the rules of evidence.  The department may promulgate rules for violation hearings under the authority of subsection 2 of section 217.040.  The conduct of and order from a violation hearing under the provisions of subsection 2 are final and unappealable.

­­--------

(L. 1982 H.B. 1196 § 72, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 2003 H.B. 138)