Article 23 – Incarcerated Person Discipline
52080.3.6 Chief Disciplinary Officer (CDO)
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The CDOChief Disciplinary Officer duties shall not be designated below the level of Associate Warden. The CDOChief Disciplinary Officer shall:
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Audit the RVR per the DOMDepartment Operations Manual, section 52080.3.4.
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Routinely review the incarcerated persons’ disciplinary records and take corrective action as necessary.
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Review the findings and disposition on every RVR to ensure the following: the incarcerated person’s due process rights were not violated; approve or disapprove the Hearing Official or Senior Hearing Official findings; determine whether findings are supported by the evidence; and independently determine the weight of evidence.
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Be unbiased, review for bias, and correct any bias discovered.
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Identify whether the incarcerated person had a disability using SOMSStrategic Offender Management, and then, evaluate whether the RVR charge is related to the incarcerated person’s disability.
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Identify any guilty findings that may have been the result of false reporting, retaliation, bias, or similar reasons and refer those cases to the Hiring Authority for possible investigation.
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Review the treatment of incarcerated persons confined in the Disciplinary Detention Unit and consider a modification of sentence when evidence indicates that the incarcerated person is ready to conform to the rules.
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Ensure all felonies occurring on institution property, including felony incarcerated person conduct, are referred to the institution’s investigations unit for possible investigation and referral for criminal prosecution.
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Initiate disciplinary proceedings for cases referred for prosecution when an incarcerated person revokes, in writing, a previous request for postponement of the disciplinary hearing; the DA declines prosecution; or court proceedings have concluded.
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Determine the proper senior hearing officer or committee level for Divisions A-1, A-2, and B serious RVR. This determination may be delegated to a captain, CCCorrectional Counselor-III, or PAProgram Administrator-III.
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Provide training in the disciplinary process.
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