Kan. Admin. Regs. § 123-13-201b

Current through Register Vol. 43, No. 49, December 5, 2024

Section 123-13-201b - Summary judgment procedure

(a) In any case involving one or more alleged class III offenses, or any other offense designated as eligible for summary judgment procedures, the reporting officer may offer the offender the option of resolving the matter through the summary judgment procedure as an alternative to writing a disciplinary report leading to initiation of the formal disciplinary hearing process.

(b) Each officer shall carry or have immediate access to summary judgment citation forms.

(c) If an officer observes an offender in the act of committing one or more class III offenses, or any other offense designated as eligible for summary judgment procedures, that the officer believes requires more than an undocumented, on-the-spot verbal reprimand, the officer may file a formal disciplinary report against the offender or may offer the offender summary judgment by issuing a summary judgment citation. If summary judgment is offered, the offer shall not be withdrawn unless there is subsequently an additional allegation that the offender committed another disciplinary offense.

(1) The summary judgment citation shall be written and served on the offender by the reporting officer within 24 hours of the alleged incident, and shall include the following:

(A) The date and time of each alleged offense;

(B) the date and time the citation is written;

(C) the name and number of the regulation, internal management policy and procedure, or facility order for each alleged offense;

(D) a statement of the facts of the alleged incident, including the names of witnesses;

(E) the date and time that the citation is served on the offender;

(F) the summary judgment sanction; and

(G) a space reserved for the offender to sign, indicating the offender either accepts or refuses the offer of a summary judgment.

(2) The officer may impose only one of the following summary judgment sanctions regardless of the number of offenses cited:

(A) Restriction from privileges for up to 10 days;

(B) extra work for up to two hours per day, not to exceed five days; or

(C) restitution of up to $10.00.

(3) The offender may choose whether to accept the summary judgment or to reject it in favor of the formal disciplinary hearing process. This decision shall be made within one hour of the offender's receipt of the citation, or it shall be assumed that the offender refused the summary judgment. The officer may choose to impose a different summary judgment sanction after discussion of the incident with the offender, and this fact shall be documented on the summary judgment citation if the offender then accepts the summary judgment.

(A) If the offender accepts the summary judgment offered, this acceptance shall constitute a waiver of the offender's right to the benefits of the formal disciplinary hearing process and shall be documented by the offender's execution of a waiver of rights according to K.A.R. 123-13-101a. Upon the offender's acceptance of the summary judgment, the sanction shall be immediately imposed, and the shift supervisor shall be notified.

(B) If the offender refuses the summary judgment offered, the offender shall be subject to the applicable hearing process. The summary judgment citation shall be marked and signed by the officer and the offender to indicate the offender's refusal. If notarized, the citation may then be used in lieu of the more formal disciplinary report to initiate the formal disciplinary hearing process. In that event, all normal applicable time limits shall run from the time the offender signs the summary judgment citation, indicating refusal of the summary judgment. The offender's signature of refusal on the summary judgment citation shall constitute service of the disciplinary report on the offender as required by K.A.R. 123-13-201. The requirement in K.A.R. 123-13-201 that an attempt be made to ensure that the officer personally serving the report on the offender is not the same officer who wrote the report shall not apply if summary judgment has been offered.

(C) If an offender refuses the summary judgment offered, the offender shall not be charged with a more serious offense or combination of offenses than was alleged in the summary judgment citation.

(D) All evidence shall be confiscated or seized in connection with the issuance of a summary judgment citation and shall be disposed of in accordance with K.A.R. 123-5-111.

(4) Each summary judgment citation accepted by the offender shall be documented in the offender's file.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-13-201b

Authorized by and implementing K.S.A. 38-16,130, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.