Section 137-28-285 - Incarcerated individual rights(1) An incarcerated individual charged with a violation(s) has the right to: (a) A fair and impartial hearing;(b) Written notice of the alleged violation(s) and a summary of the supporting evidence at least 24 hours before the hearing;(i) The notice shall include a statement of the rights listed in this section.(ii) The incarcerated individual may waive the 24 hour notice.(c) Be present at the hearing or waive presence at the hearing;(d) Request a department advisor and/or an interpreter to assist the incarcerated individual in preparing for and participating in the hearing;(e) Testify or remain silent;(f) Call witnesses and present documentary evidence, though the hearing officer may exclude witnesses/evidence deemed irrelevant, duplicative, or unnecessary;(g) Propose questions for the hearing officer to ask witnesses, although the hearing officer may exclude questions deemed irrelevant, duplicative, or unnecessary;(h) Appeal the hearing officer's finding(s) and/or sanction(s) imposed to the superintendent within 15 business days of the hearing officer's decision.(2) Incarcerated individuals do not have the right to:(a) Cross-examine witnesses;(b) Have the reporting staff member present at the hearing;(c) Receive a polygraph or other supplemental tests;(d) Examine physical evidence;(e) Receive confidential information.Wash. Admin. Code § 137-28-285
Adopted by WSR 15-20-011, Filed 9/24/2015, effective 1/8/2016Amended by WSR 23-22-112, Filed 10/31/2023, effective 12/1/2023