68 Neb. Admin. Code, ch. 6, § 003

Current through June 17, 2024
Section 68-6-003 - Disciplinary Principles

In every disciplinary action the following principles apply.

003.01 Disciplinary action is used to regulate an inmate's behavior within acceptable limits. Disciplinary sanctions are imposed to hold the inmate accountable for his/her misconduct and to deter that inmate and other inmates from engaging in similar misconduct in the future. Each disciplinary sanction imposed must be proportionate to the seriousness of the inmate's misconduct considering all aggravating and mitigating circumstances and prior offenses for the same or similar behavior.
003.02 The behavior of inmates committed to the custody of NDCS shall be controlled in an impartial and consistent manner.
003.03 Disciplinary action shall not be capricious, retaliatory or revengeful.
003.04 Corporal punishment of any kind is prohibited.
003.05 Withholding or modifying meals shall not be administered as discipline.
003.06 Disciplinary committees may request investigations, but cannot conduct investigations themselves.
003.07 A finding that a person has committed an act prohibited by the Code of Offenses must be based upon information obtained in the hearing process.
003.08 Records of all disciplinary actions shall be kept.
003.09 NDCS does not utilize disciplinary segregation.
003.10 NDCS does not utilize solitary confinement.

68 Neb. Admin. Code, ch. 6, § 003

Amended effective 7/10/2017.
Amended effective 3/28/2023