1. (1) If an offense is a lesser included offense of another and the reporting employee charges an inmate with the greater offense, the inmate is also charged with the lesser included offense.
2. (2) The hearing officer may find an inmate guilty of a lesser included offense even if the reporting employee did not expressly charge the inmate with the lesser included offense.
3. (3) The hearing officer may not find an inmate guilty of 2 offenses or punish the inmate for 2 offenses based on a single incident if one offense is a lesser included offense of the other.

4. (4) The hearing officer may not find an offense a lesser included offense of another unless it is so listed in the following table:

   - See PDF for table

5. (5) All offenses which are lesser included offenses of a substantive offense are listed in Table DOC 303.03.
6. (6) Aiding and abetting, attempt, and conspiracy are lesser included offenses of any offense.

History

History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.