TENTATIVE

Occ. Code 6561800

inmate disciplinary hearing officer, m-1

New York State Department of Civil Service

Classification Standard

BRIEF DESCRIPTION OF CLASS

Positions in this title series conduct quasi-judicial inmate disciplinary hearings in various New York State correctional facilities.  Incumbents of these positions schedule disciplinary hearings, act as an independent hearing officer in such proceedings, issue appropriate dispositions, and provide training for facility hearing officers.

These positions are classified at the Department of Correctional Services (DOCS).  All incumbents at DOCS assist in the total care and confinement of inmates sentenced to the custody of the Department, and perform various duties and functions in conjunction with the overall operation of a facility and/or location to which they are assigned.

DISTINGUISHING CHARACTERISTICS

            inmate disciplinary hearing officer: licensed attorney; responsible for conducting inmate disciplinary hearings; including the most complex cases in an inmate disciplinary hearing program at a correctional facility. 

ILLUSTRATIVE DUTIES

Preside at quasi-judicial inmate disciplinary hearings, requiring minimum due process, concerning the resolution of issues of law and fact.

-          Conduct assigned hearings on a scheduled basis with appropriate demeanor, so as to ensure a perception of fairness and independence.

-          Record hearings in a manner that will allow them to be admitted into evidence in the event of future litigation.

-          Instruct inmates as to their rights and ensure that the inmate has been provided appropriate assistance and translation services.

-          Apply rules on the relevance or admissibility of evidence as provided by law.

-          Provide for the attendance of witnesses, or the production of necessary books, papers, documents, or other evidence.

Prepare a precise statement of evidence relied upon including, at minimum, the misbehavior report date, time, report maker, statement of charge(s), testimony of witnesses, and inmate's statement, if any.

-          Prepare procedurally correct, accurate, and thorough description of reasons for the disposition to be rendered.

-          Ensure that penalties imposed are within Department guidelines and appropriate for the charge(s) sustained according to the evidence presented.

-          Set forth any special instructions on visitation or correspondence restrictions, referrals or loss of special events if appropriate, ensuring that any special instructions are in accordance with Department guidelines.

-          Prepare all disposition data for computer generated reports and/or provide written statistical data as requested by facility and/or Departmental staff.

Develop and maintain a good working relationship with facility personnel while maintaining appropriate degree of independence from facility personnel.   Maintain regular contact with Central Office supervisory staff.

-          Work with facility staff to eliminate or resolve problems which arise on a daily basis.  Refer problems which cannot be resolved at the facility level to Central Office staff.

-          Keep Central Office supervisory staff informed of interaction with facility and other Department staff.

-          Take corrective measures as indicated by Central Office supervisory staff and implement suggestions with a positive approach.

-          Collaborate with Counsel's Office supervisory staff and monitor facility policies and procedures to ensure they meet acceptable standards and comply with all relevant statutes, Department rules and regulations and case law.

-          Prepare any further documentation or forms necessary to ensure procedural due process; i.e. Form 2172 (Hearing Record Sheet, Denial of Witness Testimony Form, etc.).

-          Recommend necessary revisions and/or additions to Department rules and regulations and/or policy and procedures.

Provide coordination and direction to facility staff involved in inmate disciplinary program.

-          Provide coordination, guidance, and oversight to facility staff, and intervene and resolve problems as necessary.

-          Identify training needs and arrange for provision of training.

-          Manage and direct program activities by setting priorities and deadlines.

MINIMUM QUALIFICATIONS

Open Competitive:  a Juris Doctor or Doctor of Law Degree and Admission to the New York State Bar Association, or Admission to the Bar of a State/Commonwealth other than New York; and three years post-admission experience in adversarial proceedings including, but not limited to, criminal law arbitration, formalized fact-finding proceedings, dispute resolution proceedings, or other litigation practices. 

Date:  6/09

NOTE: Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe.  Standards cannot and do not include all of the work that might be appropriately performed by a class.  The minimum qualifications above are those which were required for appointment at the time the Classification Standard was written.  Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.