Section 210IAC1-4-8. Standards for pre-transfer hearing

   If the Commissioner of the Department of Correction or his designee receives the written request for a pre-transfer hearing, the following minimum standards will be followed:

(a) Notice shall be given to the inmate informing him/her of time, place, and reason for the hearing at least seven days prior to the hearing, and must be given in both written and verbal form;

(b) a copy of the psychiatrist's report, with a recommendation for transfer, shall be given to the inmate at the time the notice of hearing is given;

(c) the inmate shall have the right to appear in person in order to present evidence and to cross-examine witnesses. He/she may be represented by counsel or other personal representation;

(d) a written decision must be impartially reached upon the evidence presented at the hearing, and stating the evidence relied upon in reaching that decision;

(e) one copy of the written decision and the hearing proceedings shall be retained in the inmate's packet.

(Department of Correction; Psychiatric Transfers Rule 8; filed Aug 23, 1974, 3:31 pm: Rules and Regs. 1975, p. 226; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; readopted filed Jul 6, 2007, 2:54 p.m.: 20070725-IR-210070277RFA; readopted filed Dec 2, 2013, 2:07 p.m.: 20140101-IR-210130485RFA)