Chapter 5 – Adult Custody and Security Operations

54100.20.3.1 Holding the Rehearing

• A decision to order the rehearing of disciplinary charge functions to void the disposition of the RVR being appealed. When a disciplinary charge is ordered reheard, a new RVR shall be written and processed.

  • The disciplinary time constraints for holding a rehearing shall begin on the date the CDOChief Disciplinary Officer orders a rehearing and shall conform to those for original processing, except when a inmate/parolee is being returned to a facility for a disciplinary rehearing, the time constraints shall begin upon the inmate/parolee’s return to that facility.

  • The circumstances section of the RVR shall indicate that the RVR is a re-issue resulting from a CDOChief Disciplinary Officer’s order to correct a noted deficiency. The statement shall include the date of the order.

  • When a disciplinary action is ordered reissued and reheard, the original disciplinary disposition shall be vacated and no longer have effect. Any appeal of the original disciplinary disposition shall be cancelled unless there are other issues that are not resolved by the dismissal and rehearing of the original charge. If the appeal contains other issues not directly arising from the disciplinary action, those issues shall be addressed while noting that the disciplinary issues will not be addressed.