Department of Corrections and Rehabilitation - Operations Manual

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Chapter 5 – Adult Custody and Security Operations

Article 53 – Inmate/Parolee Appeals

Revised October 18, 2016

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54100.20.1 Dismissal of the Charges

  • The original disciplinary disposition shall be vacated and the charges dismissed if the reviewer determines that any of the following circumstances apply or are evident:

    • The finding was based on information that was later determined to be false or unsubstantiated and the remaining evidence is not sufficient to support the charge.

    • There has been a significant lapse of time which makes it improbable, if not impossible, for the accused to present an adequate defense.

    • Witnesses of significant import, either staff or inmates, are no longer available and their absence prevents the accused from presenting an adequate defense.