Sec. 253.7. Dispositions and mandatory surcharge  


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  • (a) Dispositions.
    (1) Upon affirming a charge, the hearing officer may impose one or more of the following penalties:
    (i) counsel and/or reprimand; and
    (ii) any non-confinement sanction in accordance with departmental directive 4932;
    (a) a loss of visiting privileges may be imposed under this subparagraph for any confirmed charge;
    (1) a loss of visiting privileges with a specified visitor or visitors may be imposed where the misconduct involved only the incarcerated individual and the specified visitor or visitors. Where the misconduct was not limited to the specified visitor or visitors a loss of visiting privileges with all visitors may be imposed. Misconduct involving unacceptable physical conduct during which other visitors were subjected to exposure is misconduct which is not limited to only the inmate and the specified visitor or visitors. Misconduct involving an attempt to introduce money, alcohol, marijuana, narcotic and other dangerous drugs, any item which is readily capable of being used to cause death or serious injury, or any item which may be used to aid in escape is misconduct which is not limited to only the incarcerated individual and the specified visitor or visitors;
    (2) a loss of visiting privileges may be imposed under subparagraph (ii) of this paragraph only for the length of time stated in departmental directive 4932; and
    (3) the hearing officer may, within his or her discretion, limit an incarcerated individual to noncontact visiting in lieu of suspending all visiting privileges;
    (b) restitution may be imposed for loss or intentional damage to property up to be made from an incarcerated individual’s existing and future funds;
    (c) the imposition of one work task per day other than a regular work assignment for a maximum of seven days, excluding Sundays and public holidays, to be performed on the incarcerated individual's housing unit or other designated area. Incarcerated individuals given such disposition who are participating in a regular work assignment shall not be required to work more than eight hours per day. The eight-hour limitation excludes such non-work assignments as educational or vocational school programming; and
    (d) forfeiture of money confiscated as contraband.
    (2) As soon as possible, but not later than 24 hours after the conclusion of the hearing, the incarcerated individual shall be given a written statement of the disposition of the hearing. This statement shall set forth the evidence relied upon by the hearing officer in reaching his decision and also set forth the reasons for any penalties imposed.
    (b) Mandatory disciplinary surcharge.
    Upon the conclusion of a disciplinary hearing wherein the incarcerated individual admits the charges, or where the hearing officer affirms one or more charges, a mandatory disciplinary surcharge in accordance with departmental directive 4932 shall be assessed automatically against the incarcerated individual.