VII.
PROCEDURES
Procedure A: Informal Resolutions
1. Any facility staff who observes, receives
a report of, or otherwise discovers prisoner conduct that is considered a Class
A violation shall not attempt to resolve such incident informally, but the
staff shall complete and submit a disciplinary report in accordance with the
formal resolution process.
2. If
facility staff observes, receives a report of, or otherwise discovers prisoner
conduct that is considered a violation of any rule, and the prisoner has
received an informal resolution three (3) times in the past year (whether or
not successfully completed), the staff shall complete and submit a disciplinary
report in accordance with the formal resolution process.
3. If facility staff observes, receives a
report of, or otherwise discovers prisoner conduct that is considered a
violation of any rule, and the violation would be a "Multiple V iolation," the
staff shall complete and submit a disciplinary report in accordance with the
formal resolution process.
4. Any
facility staff who observes, receives a report of, or otherwise discovers
prisoner conduct that is considered a Class B violation may attempt to resolve
such incident informally, except as set out above.
5. Any facility staff who observes, receives
a report of, or otherwise discovers prisoner conduct that is considered a Class
C violation shall attempt to resolve such incident informally, except as set
out above.
6. To resolve a rule
violation informally, the facility staff, with the approval of a Shift
Commander, Unit Manager, or other security supervisor designated by the Chief
Administrative Officer, may counsel, verbally reprimand or warn the prisoner.
The counseling, verbal reprimand, or warning shall be documented by recording
an entry into CORIS.
7. To resolve
a rule violation informally, the facility staff may also propose to the
prisoner to assign extra work, require restitution if property was destroyed or
damaged, or impose restriction on any of the following privileges: recreation;
canteen/commissary, electronic entertainment items, and/or musical instruments.
Any extra work, restitution, or restrictions on privileges shall be:
a. imposed by agreement between the prisoner
and the staff who observed or discovered the behavior (or if observed or
discovered by a person who is not facility staff, by agreement between the
prisoner and the facility staff to whom the conduct was reported). The
agreement shall be in writing, include the prisoner's waiver of his or her
right to a formal hearing on the rule violation, and be signed by the prisoner,
the facility staff, and the Shift Commander, Unit Manager, or other security
supervisor designated by the Chief Administrative Officer (Attachment A,
Informal Resolution of Rule Violation Agreement);
b. imposed for no more than five (5) days,
which may be consecutive or intermittent (if extra work or restrictions);
and
c. documented by recording an
entry in CORIS.
8. If the
prisoner refuses the proposed informal resolution, the facility staff shall
complete and submit a disciplinary report in accordance with the formal
resolution process.
9. Any proposed
informal resolution of a rule violation that has been agreed to by a prisoner
shall be reported immediately to a Shift Commander, Unit Manager, or other
security supervisor designated by the Chief Administrative Officer for
approval, modification, or disapproval. If the security supervisor does not
approve the proposed informal resolution, he or she may:
a. direct the staff to drop the issue if the
security supervisor does not agree that there is a rule violation by the
prisoner;
b. modify the resolution,
with the agreement of the prisoner if the modification results in an increased
punishment, or
c. direct the staff
to proceed formally.
10.
The Shift Commander, Unit Manager, or other security supervisor who approved
the informal resolution shall ensure an approved informal resolution is
satisfactorily completed as soon as practicable and documented on the Informal
Resolution Rule Violation Agreement and in CORIS. Upon completion of the
informal resolution, the agreement shall be uploaded and attached to the
disciplinary case in CORIS.
11. A
rule violation that is informally resolved does not constitute a disciplinary
violation for the purpose of determining eligibility for participation in any
program.
12. The conduct leading to
an informal resolution may be one factor used in considering whether to
actually approve participation in any program.
13. If facility staff observes, receives a
report of, or otherwise discovers that a prisoner is not abiding by or has not
abided by the informal resolution, the staff shall complete and submit a
disciplinary report in accordance with the formal resolution process for the
original rule violation, as well as for a disciplinary rule violation of
"Informal or Formal Resolution. "When the Informal or Formal Resolution
violation is discovered, the staff shall notify the prisoner and other
appropriate staff that the informal resolution agreement is terminated and the
staff shall document the notification in the disciplinary report for that
violation.
Procedure B: Formal Resolutions, Initial
Procedures
1. If facility staff
observes, receives a report of, or otherwise discovers prisoner conduct that is
considered a Class A rule violation, the staff shall complete and submit a
disciplinary report in accordance with the formal resolution process.
2. Any facility staff that observes, receives
a report of, or otherwise discovers prisoner conduct that is considered a Class
B or a Class C violation, if it is not resolved informally as set out above,
shall resolve such incident formally.
3. Any proposal to proceed with a formal
resolution of a rule violation without first attempting an informal resolution
shall be reported immediately to a Shift Commander, Unit Manager, or other
security supervisor designated by the Chief Administrative Officer for approval
or disapproval.
4. The security
supervisor shall give approval to proceed with a formal resolution of a rule
violation if:
a. the conduct is considered a
Class A violation;
b. the prisoner
has received an informal resolution three (3) times in the past year (whether
or not successfully completed);
c.
the violation would be a "Multiple Violation;"
d. the prisoner refuses a proposed informal
resolution for the violation;
e.
the prisoner has failed to abide by an agreed informal resolution for the
violation; or
f. the security
supervisor agrees that a formal resolution of the violation is necessary for
proper discipline and control.
5. In all other cases, if the security
supervisor does not approve proceeding with a formal resolution, he or she may
direct the staff to:
a. drop the issue if the
security supervisor does not agree that there is a rule violation by the
prisoner;
b. counsel, verbally
reprimand or warn the prisoner; or
c. attempt an agreed upon informal resolution
with the prisoner.
6. If
the security supervisor approves proceeding formally, the following procedures
apply.
7. The facility staff shall
complete a Disciplinary Report (Attachment B) and submit the report to a Shift
Commander, Unit Manager, or other security supervisor designated by the Chief
Administrative Officer by entering the report into CORIS within 72 hours. The
disciplinary report shall include the following information:
a. class and name of the violation;
b. a description of the incident;
c. any staff witnesses;
d. any unusual prisoner behavior;
e. any immediate action taken, including the
use of force;
f. any physical
evidence and its disposition; and
g. reporting staff's name and date and time
of report.
8. When the
staff completing the report relied on an audio or video recording to
substantiate the conduct, the description of the incident shall include that
fact.
9. When the staff completing
the report relied on confidential informant information to substantiate the
conduct, the description of the incident shall include a summary of the
confidential information that does not reveal the identity of the informant.
10. When the charge involves
alcohol, inhalant, marijuana, or drug testing, the description of the incident
shall include the reason for the test (e.g., random, reasonable suspicion,
condition of program, etc.), and the prisoner's admission form; a printout,
photocopy, or photograph of the test results; or a copy of the report of a
confirmation test, whichever is applicable, shall be attached to and become
part of the disciplinary report.
11. The timeframe for submission of the
disciplinary report begins when the conduct is observed or discovered by
facility staff. If a violation is observed or discovered by any person who is
not facility staff and is reported to facility staff, the time frame for
submission of the disciplinary report begins after receipt of the report by
facility staff.
If the conduct is suspected but not substantiated, the
timeframe for submission of the disciplinary report begins when the conduct is
substantiated.
If the violation is "Test, Positive Alcohol, Inhalant,
Marijuana, or Drug Test," "Test, Negative Drug Test," or "Test, Tampering with
Alcohol, Inhalant, Marijuana, or Drug Test" (due to dilution), the time frame
for the submission of the disciplinary report begins after the observation by
facility staff of the facility test result or, if applicable, the receipt by
facility staff of the confirmation test result, whichever is later. If the
disciplinary report is being submitted because a prisoner is failing or has
failed to abide by an agreed to informal resolution, the time frame for
submission of the report begins when the failure to abide is observed, reported
to, or otherwise discovered by facility staff.
12. The Shift Commander, Unit Manager, or
other security supervisor designated by the Chief Administrative Officer shall
review the report without unnecessary delay and shall ensure that the report
clearly sets forth the incident and the appropriate charge and that, if
applicable, the report includes a summary of confidential information that does
not reveal the identity of the informant. In determining the appropriate
charge, the security supervisor shall review the prisoner's disciplinary
history and, if appropriate, add a charge of "Multiple Violation" to the
original charge.
13. If the report
is not clear, the charge is not appropriate, or the identity of a confidential
informant would be revealed, the security supervisor shall provide the
appropriate instructions to the reporting staff.
14. The Shift Commander, Unit Manager, or
other security supervisor designated by the Chief Administrative Officer shall
approve the report if it complies with this policy and:
a. the conduct is considered a Class A rule
violation;
b. the prisoner has
received an informal resolution three (3) times in the past year (whether or
not successfully completed);
c. the
violation would be a "Multiple Violation;"
d. the prisoner has refused a proposed
informal resolution for the violation;
e. the prisoner has failed to abide by an
agreed informal resolution for the violation; or
f. the security supervisor agrees that a
formal resolution of an alleged rule violation is necessary for proper
discipline and control.
15. The violation is considered reported when
the disciplinary report is reviewed and approved in CORIS by the receiving
Shift Commander, Unit Manager, or other security supervisor designated by the
Chief Administrative Officer.
16.
Once a disciplinary report has been reviewed and approved by the receiving
Shift Commander, Unit Manager, or other security supervisor designated by the
Chief Administrative Officer, that security supervisor shall forward the report
to a security staff person for investigation.
17. The investigator shall be someone other
than the receiving security supervisor and shall not be involved in either the
incident or its write up. The investigator shall initiate an investigation into
the alleged violation within twenty-four (24) hours and shall complete the
investigation without unnecessary delay. The time frame for initiating the
investigation begins when the violation is reported (i.e., when the
disciplinary report is reviewed and approved by the receiving security
supervisor). The investigator shall read the disciplinary report to the
prisoner and ask the prisoner if he or she wishes to make a statement. If the
investigator cannot contact the prisoner due to the prisoner's unavailability
(e.g., at court, in the hospital, or on escape), the contact shall take place
as soon as possible after the prisoner becomes available. The investigator
shall forward the prisoner's statement to a staff person designated by the
facility Chief Administrative Officer to process disciplinary
paperwork.
18. Only a designated
disciplinary hearing officer or the Chief Administrative Officer, or designee,
may dismiss a disciplinary report as set out below.
19. A prisoner may not be separated from the
general prisoner population merely because of a pending discipline. However, as
a different matter, a prisoner who may pose a continuing threat may be
separated from the general population as provided in applicable department
policies. This is not punishment and shall not be considered in determining the
appropriate disposition for a disciplinary violation.
20. If the alleged violation might constitute
Murder or a Class A, B, or C crime, the facility Chief Administrative Officer,
or designee, shall refer the matter to the appropriate prosecutor. If the
alleged violation might constitute any other crime, the facility Chief
Administrative Officer, or designee, may refer the matter to the appropriate
prosecutor.
21. Even when a
decision to refer for prosecution is made, the alleged violation shall be
processed as a disciplinary matter. If processing the alleged violation as a
disciplinary matter might compromise a criminal investigation or prosecution,
the time frames for processing the alleged violation as a disciplinary matter
may be suspended by the Chief Administrative Officer, or designee, if the Chief
Administrative Officer is unavailable, by completing the Suspension of Time
Frames form (Attachment C), which shall be attached to the disciplinary report.
Procedure C: Disciplinary Hearings
1. A prisoner is entitled to a disciplinary
hearing for any rule violation, major or minor, but may choose to waive this
right as set out below.
2. The
facility Chief Administrative Officer shall designate facility staff to act as
disciplinary hearing officers. No person may act as a disciplinary hearing
officer unless he or she has been trained in this policy and procedures. The
training shall be documented in the staff person's training file.
3. The disciplinary hearing officer shall be
someone other than the receiving security supervisor and shall not be involved
in either the incident or its write up and shall otherwise be impartial, but
may be a person who merely processed the disciplinary paperwork. The fact that
a person took some action outside the disciplinary process after the incident
was over including, but not limited to, separating the prisoner from the
general prisoner population, does not disqualify the person from acting as the
disciplinary hearing officer. A change in the scheduled disciplinary hearing
officer does not require a new notification to the prisoner.
4. Prior to the case being forwarded to the
disciplinary hearing officer, a staff person designated to process disciplinary
paperwork shall provide to the prisoner without unnecessary delay a Letter of
Notification of Disciplinary Hearing (Attachment D); a list of counsel
substitutes; and copies of the disciplinary report and any attachments to the
disciplinary report required by this policy, other reports of the incident
(unless confidential), any photographs relating to the incident (unless it
would compromise safety or security), and the prisoner's statement, if any, to
the investigator. If a report contains confidential informant information, the
prisoner shall be provided a summary of the confidential information that does
not reveal the identity of the informant. Under no circumstances may a prisoner
be provided a photograph of a victim, personal information relating to a victim
(e.g., social security number, personal address, or phone number), an audio or
video recording, or an actual exhibit.
5. If the prisoner is requesting a foreign
language interpreter or sign language interpreter or other disability
accommodation, the prisoner shall inform the staff person providing the
notification of his or her request at the time the notification is provided.
The staff person shall ensure the request is documented on the
notification.
6. The notification
shall inform the prisoner of the name and class of the violation(s) charged and
the name of the disciplinary hearing officer scheduled. The notification shall
also inform the prisoner that, if the prisoner wishes to call witnesses and/or
present exhibits at the hearing, the prisoner shall inform the staff person
providing the notification of the witnesses he or she wishes to call and/or the
exhibits he or she wishes to present at the time the notification is provided.
The staff person shall ensure that the names of the witnesses the prisoner
wishes to call and descriptions of the exhibits the prisoner wishes to present
are documented on the notification.
7. The notification shall also inform the
prisoner that, if he or she wishes to be represented by counsel substitute, he
or she shall inform the staff person providing the notification of the counsel
substitute he or she has selected at the time the notification is provided. The
staff person shall ensure that the name of the counsel substitute the prisoner
has selected is documented on the notification.
8. It is the responsibility of the prisoner
to inform the counsel substitute of the date and time of the hearing. Facility
staff shall facilitate communication between the prisoner and the counsel
substitute he or she requests. If the date or time of the hearing is changed,
the prisoner shall receive written notice of the change sufficiently in advance
of the hearing to permit the attendance of his or her counsel substitute, if
any.
9. A counsel substitute is a
staff member of the Department of Corrections or a prisoner approved by the
Chief Administrative Officer who voluntarily assists a prisoner in preparing
and presenting his or her defense at a disciplinary hearing. If it is
determined at any time during the disciplinary process that a prisoner is not
capable of preparing and presenting his or her defense effectively on his or
her own behalf, the disciplinary hearing officer shall assign a staff counsel
substitute to assist the prisoner and shall continue the disciplinary hearing,
if necessary, to permit the counsel substitute to effectively assist the
prisoner.
10. A prisoner may not be
approved as a counsel substitute unless he or she has not been found guilty of
a Class A or B disciplinary violation for one (1) year prior to approval. A
prisoner who is found guilty of a disciplinary violation after being approved
as a counsel substitute shall be terminated from the counsel substitute
position. A prisoner who agrees to an informal resolution of a disciplinary
violation after being approved as a counsel substitute may be terminated from
the counsel substitute position.
11. No person may act as counsel substitute
unless he or she has been trained in this policy and procedures. Each facility
shall have a minimum of one (1) facility staff member trained and available to
act as a counsel substitute. The training shall be documented in the staff
person's training file.
12. The
disciplinary hearing officer shall hold a hearing on the alleged violation
without unnecessary delay, provided that the hearing may not be held sooner
than twenty-four (24) hours after the prisoner receives the notification of the
hearing, unless the prisoner waives, in writing, his or her right to the
twenty-four (24) hour notice. The hearing shall be held no later than seven (7)
days, excluding weekends and holidays, after the prisoner receives the
notification of the hearing, unless it is continued for good cause shown. If a
hearing cannot take place within the seven (7) days due to the prisoner's
absence from the facility (e.g., court, hospital, escape), it shall be
scheduled for as soon as practicable, but no later than seven (7) days,
excluding weekends and holidays, after the prisoner's return to Department
custody. The reason(s) for any delay or for any continuance shall be
documented.
13. At any time prior
to his or her hearing, the prisoner may waive, in writing, his or her right to
a formal hearing. Such waiver may be made in connection with either a plea of
guilty or a plea of no contest. The waiver shall be submitted to the
disciplinary hearing officer, who shall review the case with the prisoner
charged in order to recommend an appropriate disposition. By pleading guilty or
no contest and therefore waiving his or her right to a formal hearing, the
prisoner waives his or her right to appeal the finding of guilt. He or she
does, however, maintain his or her right to appeal the recommended
disposition.
14. Either before or
during the hearing, the disciplinary hearing officer may continue the hearing
for good cause shown, but in no case may the continuance be for more than
thirty (30) additional days (Notice of Continuation-Disciplinary Hearing,
Attachment E). Requests to the disciplinary hearing officer for continuance
made by the prisoner shall be in writing and shall be submitted to the
disciplinary hearing officer prior to the hearing, unless the cause for the
continuance arises during the hearing. Unless there are exceptional
circumstances, hearings shall not be continued to permit recreation, visits,
programs, work, or other similar activities. If a prisoner requests a
continuance and the request is denied, the disciplinary hearing officer shall
document the reason(s) in the written summary (Disciplinary Hearing Summary,
Attachment F).
15. Either before or
during the hearing, the disciplinary hearing officer may dismiss the
disciplinary report if and only if:
a. the
facts as described in the disciplinary report do not constitute a violation by
the prisoner;
b. the time frame for
completing and submitting the disciplinary report was not adhered to;
c. the hearing was held sooner than
twenty-four (24) hours after the prisoner received the notification of the
hearing, unless the prisoner waived, in writing, his or her right to the
twenty-four (24) hour notice; or
d.
there appears to have been a violation of the prisoner's statutory or
constitutional rights.
16. Failure to adhere to any other time frame
shall not constitute grounds for dismissal, unless it is prejudicial to the
prisoner and therefore is a violation of the prisoner's rights, e.g., a
necessary witness listed by the prisoner on the notification is no longer
available to testify due to a delay in holding a hearing,
17. Before dismissing a report due to an
apparent violation of the prisoner's rights, the disciplinary hearing officer
may consult with the Department's legal representative in the Attorney
General's Office.
18. If a prisoner
requests a dismissal and the request is denied, the disciplinary hearing
officer shall document the reason(s) in the written summary (Disciplinary
Hearing Summary, Attachment F). Whenever a report is dismissed, the
disciplinary hearing officer shall document the reason(s) for the dismissal in
the written summary.
19. The
prisoner charged has a right to be present at the hearing, which right may be
waived by the prisoner in writing. He or she also has the right to be assisted
at the hearing by a counsel substitute. The disciplinary hearing officer may,
however, conduct the hearing in the absence of the prisoner charged or counsel
substitute, if the prisoner or counsel substitute fails to appear for the
hearing after he or she has been duly notified or if, immediately prior to or
during the hearing, the prisoner's behavior or counsel substitute's behavior is
inconsistent with the hearing process to the extent that the prisoner or
counsel substitute must be excluded or removed from the hearing room. If a
hearing is conducted without the prisoner or counsel substitute being present,
the circumstances of the prisoner's or counsel substitute's absence shall be
documented in the written summary.
20. A request for a foreign language
interpreter or sign language interpreter or other disability accommodation
shall not be unreasonably denied. Whenever such a request is denied, the
disciplinary hearing officer shall document the reason(s) in the written
summary.
21. At the opening of the
hearing, the disciplinary hearing officer shall inform the prisoner of the name
and class of the violation charged. The disciplinary hearing officer shall then
ask the prisoner if he or she wishes to have an explanation of the charge,
document the prisoner's response in the written summary, and provide an
explanation, if requested.
22. Any
report relating to the incident that has been completed after the prisoner
received the Letter of Notification of Disciplinary Hearing shall also be
provided to the prisoner at this time (unless confidential). If a report
contains confidential informant information, the prisoner shall be provided a
summary of the confidential information that does not reveal the identity of
the informant.
23. The prisoner
shall enter a plea to the charge(s). The prisoner shall be given an opportunity
to reply to the charge(s). The disciplinary hearing officer may ask the
prisoner questions.
24. The
disciplinary hearing officer may permit the prisoner, or his or her counsel
substitute, to call one or more witnesses and to question any witness who
testifies in person or by telephone at the hearing. The disciplinary hearing
officer may require that the prisoner, or the counsel substitute, question any
witness indirectly by relaying questions through the disciplinary hearing
officer.
25. Testimony from
witnesses may be presented in writing with the permission of the disciplinary
hearing officer. A prisoner shall not be given permission to have a witness
from outside the correctional facility physically brought to the disciplinary
hearing. However, testimony from an outside witness may be presented by
telephone or in writing with the permission of the disciplinary hearing
officer.
26. Permission to call or
question a witness, including a witness testifying by telephone, shall not be
unreasonably withheld or restricted. Whenever permission to call or question a
witness is withheld or restricted, the disciplinary hearing officer shall
document the reason(s) in the written summary.
27. Whenever permission has been granted to
call a witness, the disciplinary hearing officer shall take all reasonable
steps to ensure the testimony of the witness is presented at the hearing.
Whenever permission has been granted to call a witness and the witness does not
testify, the disciplinary hearing officer shall document the reason(s) in the
written summary.
28. The
disciplinary hearing officer may call one or more witnesses and question any
witness who testifies in person or by telephone at the hearing.
29. The disciplinary hearing officer may
permit the prisoner, or his or her counsel substitute, to present or examine
exhibits. Permission to present or examine exhibits shall not be unreasonably
withheld or restricted. Whenever permission to present or examine exhibits is
withheld or restricted, the disciplinary hearing officer shall document the
reason(s) in the written summary.
30. Whenever permission has been granted to
present an exhibit, the disciplinary hearing officer shall take all reasonable
steps to ensure the exhibit is presented at the hearing. Whenever permission
has been granted to present an exhibit and the exhibit is not presented, the
disciplinary hearing officer shall document the reason(s) in the written
summary.
31. When examination by a
prisoner of an exhibit would compromise security or safety, the disciplinary
hearing officer may permit the prisoner to examine a photograph of the exhibit
or may permit an examination of the actual exhibit or a photograph of the
exhibit by staff acting as counsel substitute. When a prisoner's listening to
an audio recording or viewing a video recording of an incident would compromise
security or safety, the disciplinary hearing officer may permit staff acting as
counsel substitute to listen to or view the recording. If a staff counsel
substitute examines, listens to or views an exhibit because it cannot be
reviewed by a prisoner for security or safety reasons, the staff counsel
substitute shall write a summary of what he or she observed or listened to,
without revealing any information that would create a risk to security or
safety, and this summary shall be provided to the prisoner prior to or at the
hearing. A photograph, an audio recording, or a video recording reviewed by a
staff counsel substitute shall be retained in accordance with Department policy
but shall not be made part of the disciplinary documentation accessible to the
prisoner.
32. The disciplinary
hearing officer may present and examine exhibits.
33. When confidential informant information
is necessary to support a finding of guilt, appropriate security staff
(facility correctional investigative officer, other facility law enforcement
officer, etc.,) shall ensure that the identity of the informant, the detailed
statement of the informant, and the reason(s) for relying on the informant or
the information is provided to the disciplinary hearing officer prior to the
hearing, and the disciplinary hearing officer shall ensure that this
confidential information is not presented at the hearing or otherwise revealed
to the prisoner who is the subject of the hearing, a prisoner acting as counsel
substitute, or any other prisoner. This confidential information shall be
retained in accordance with Department policy but shall not be made part of the
disciplinary documentation accessible to the prisoner.
34. At the closing of the hearing, the
prisoner, or his or her counsel substitute, may present his or her verbal
and/or written arguments regarding the charge(s). A prisoner, or his or her
counsel substitute, may also submit written arguments regarding the charge(s)
to the disciplinary hearing officer prior to the hearing.
35. After completion of the hearing, the
disciplinary hearing officer shall determine guilt or innocence for any charge
not dismissed. Except to the extent that confidential informant information or
an exhibit that if reviewed by the prisoner would compromise security or safety
is necessary to support a finding of guilt, the finding of guilt or innocence
shall rest solely upon evidence produced at the hearing, including, but not
limited to, the disciplinary report (including, if applicable, a summary of
confidential information); any attachments to the report required by this
policy; the prisoner's statement, if any, to the investigator; the prisoner's
statement, if any, at the hearing; any exhibits (or, if applicable, a staff
counsel substitute summary of an exhibit); and the testimony of any
witnesses.
36. In the case of a
charge for which possession is an element, and more than one prisoner exercises
control over an area in which the item was found, a finding of possession by
one or more prisoners may be based on a determination that there is some
evidence that the prisoner or prisoners exercised control over the item or the
area. Otherwise, a finding of guilt must be based on a determination that it is
more probable than not that the prisoner committed the violation.
37. In the case of a charge for which
trafficking is an element, trafficking may be inferred by the amount of an item
or by the number of items a prisoner possesses or by any other circumstances
that indicate the item(s) are not likely intended to be only for personal
use.
38. In a case in which
restitution is a recommended disposition, evidence of the actual cost of
property damage or medical care, as applicable, shall be presented at the
hearing, whether through witness testimony or an exhibit. If the actual cost is
unknown at the time of the hearing, the disciplinary hearing officer may
recommend an amount of restitution based on the minimum cost that will be
incurred as shown by witness testimony or an exhibit, e.g., an exhibit showing
that a minimum ambulance cost is $500.00.
39. A prisoner may be found guilty of a
lesser violation than the one charged, provided that the lesser violation is of
the same nature as the violation charged.
40. The disciplinary hearing officer shall
recommend authorized disposition(s) for each violation of which the prisoner
was found guilty and shall separately specify the recommended disposition(s)
for each charge the prisoner is found guilty of.
41. If the prisoner is found guilty of
"Multiple Violation," the disciplinary hearing officer shall recommend separate
dispositions for the "Multiple Violation" and the underlying violation. The
disposition for the underlying violation shall consist solely of
"counseling/verbal reprimand/ warning" while the recommended disposition for
the "Multiple Violation" shall be in accordance with the disposition(s) allowed
for the class of the Multiple Violation (i.e. one class higher than the
underlying violation).
42. A
prisoner found guilty of more than one charge may receive concurrent or
consecutive dispositions. Dispositions received for new violations are
consecutive to any dispositions received for prior violations and not yet
completed.
43. In any case, the
disciplinary hearing officer may recommend the imposition of a punishment and
the suspension of all or some of its execution, except that there shall not be
any recommendation to suspend a mandatory minimum monetary sanction. If the
prisoner commits another violation within one hundred twenty (120) days from
the date of suspension of the punishment, the suspension may be revoked in
whole or in part by the Chief Administrative Officer, or designee, upon a
finding of guilt of the new violation and after consultation with the
prisoner's Unit Management Team.
44. Facility mental health staff shall make
available to the staff person designated to process disciplinary paperwork a
list of those prisoners whose mental health needs may need to be considered in
determining appropriate disciplinary dispositions. If a prisoner on the list
has been found guilty of a disciplinary violation, the disciplinary hearing
officer shall consult with the appropriate mental health staff prior to
determining the disposition.
45.
The prisoner shall be advised of the decision and the basis for it and of the
disposition recommended for each guilty finding. The disciplinary hearing
officer shall prepare a written summary of the evidence presented, the
decision, a statement of the reason(s) and evidence relied on for the decision
and the recommended disposition for each guilty finding (Disciplinary Hearing
Summary, Attachment F). The summary shall also contain documentation of any
consultation with mental health staff. The summary shall be retained in
accordance with the Department's record retention schedule relating to prisoner
records.
46. A copy of this summary
shall be provided to the prisoner, as soon as possible following the conclusion
of the hearing. This summary must be provided within twenty-four (24) hours of
the conclusion of the hearing, unless the prisoner has less than forty-eight
(48) hours until release, in which case, it must be provided immediately
following the conclusion of the hearing. Upon request, a copy shall be provided
to the reporting staff.
47. Any
written waiver signed by a prisoner as part of the disciplinary process is
final and may not be withdrawn.
Procedure D: Appeals
1. When the prisoner is provided the summary,
the prisoner shall be advised by the disciplinary hearing officer that he or
she may appeal the decision and recommended disposition within fifteen (15)
calendar days (or other time frame for a prisoner who has less than fifteen
(15) calendar days until release) to the Chief Administrative Officer, or
designee, of the facility where the disciplinary hearing was held.
2. The disciplinary hearing officer shall ask
the prisoner whether the prisoner wishes to waive the right to
appeal.
3. If the prisoner signs
the waiver or if a prisoner who does not sign the waiver does not submit a
timely appeal, noappeal shall be considered.
4. If the prisoner does not sign the waiver,
the Appeal and Decision on Appeal (Attachment G) shall be provided by the
disciplinary hearing officer. The appeal may be submitted to the Chief
Administrative Officer, or designee, within fifteen (15) calendar days (or
other time frame for a prisoner who has less than fifteen (15) calendar days
until release) of the prisoner's receipt of the summary.
5. If a timely appeal is submitted, the Chief
Administrative Officer, or designee, shall review and consider the appeal, the
decision, and the recommended disposition. The timeliness of the appeal is
determined by the date and time it is received by the Chief Administrative
Officer, or designee.
6. In the
case of a Class A or a Class B violation, the prisoner shall submit the appeal
to the Chief Administrative Officer or the facility administrator in charge of
security if designated by the Chief Administrative Officer and as directed by
the disciplinary hearing officer. The person deciding the appeal shall not have
been involved in either the incident or its write up.
7. In the case of a Class C violation, the
prisoner shall submit the appeal to the Chief Administrative Officer or Shift
Commander, Unit Manager, or other security supervisor if designated by the
Chief Administrative Officer and as directed by the disciplinary hearing
officer. The person deciding the appeal shall not be the receiving security
supervisor and shall not have been involved in either the incident or its write
up.
8. Prisoners shall have the
right to appeal the disciplinary decision (unless the prisoner has pled guilty
or no contest) and the recommended disposition made by the disciplinary hearing
officer.
a. For prisoners who have at least
fifteen (15) calendar days until release, then, within fifteen (15) calendar
days from the prisoner's receipt of the summary of the decision and recommended
disposition, a prisoner found guilty may submit to the Chief Administrative
Officer, or designee, as set out above, an appeal, with reasons therefore,
prepared by the prisoner or counsel substitute on the form provided to the
prisoner.
b. For prisoners who have
less than fifteen (15) calendar days until release, no later than one (1) hour
prior to release, a prisoner found guilty may submit to the Chief
Administrative Officer, or designee, as set out above, an appeal, with reasons
therefore, prepared by the prisoner or counsel substitute on the form provided
to the prisoner.
9. A
prisoner may not raise arguments on appeal that were not presented to the
disciplinary hearing officer prior to the guilty finding. The Chief
Administrative Officer, or designee, may:
a.
affirm, modify, or reverse the decision and/or recommended disposition(s) of
the disciplinary hearing officer;
b. dismiss the disciplinary report if and
only if one of the reasons that would have allowed dismissal by the
disciplinary hearing officer exists; or
c. remand the matter for a new
hearing.
10. Before
dismissing a report due to an apparent violation of the prisoner's rights, the
Chief Administrative Officer, or designee, may consult with the Department's
legal representative in the Attorney General's Office.
11. The Chief Administrative Officer, or
designee, may not reverse the mandatory minimum monetary sanction unless the
guilty finding is reversed or the disciplinary report is dismissed.
12. The Chief Administrative Officer, or
designee, may not reverse a decision or remand a matter unless the prisoner has
been found guilty of a disciplinary charge and may not increase the severity of
the disposition recommended, except that the Chief Administrative Officer, or
designee, may reverse a recommendation to suspend a disposition.
13. The prisoner shall be notified in writing
as to the decision on the appeal of his or her case by the Chief Administrative
Officer, or designee (see Attachment G). The disposition(s) may not be imposed
prior to the decision on the appeal, which must be made within thirty (30) days
of receipt of the appeal.
Procedure E: Classes of Violations and
Dispositions
1. It is the
purpose of this procedure to prescribe punishments (dispositions) that are
proportionate to the seriousness of the violation.
2. Major violations are divided into two
categories: Class A and Class B. with Class A being the most serious
violations. Major violations are disciplinary violations that pose serious
threats to safety, security or orderly management.
3. Minor violations are categorized as Class
C violations and pose lesser threats to safety, security or orderly
management.
4. Prisoners given a
disposition of disciplinary segregation shall be treated in accordance with
Department Policy 15.2, Disciplinary Segregation Status.
5. Prisoners given a disposition of
disciplinary restriction:
a. are allowed to
leave their cells or rooms for core programs (programs identified by the unit
management team as necessary to address high risk areas specific to the
prisoner, e.g., substance abuse treatment, domestic violence program,
cognitive-behavior therapy, etc.); group religious ceremonies for the
prisoner's faith group; visits (unless the visit privilege has been lost under
this or another Department policy); medical and mental health care; showers;
and exercise in the housing unit in accordance with facility
practice;
b. are allowed to leave
their cells or rooms or the housing unit for meals or law library services if
allowed by facility practice;
c.
are allowed phone calls (unless the phone call privilege has been lost under
this or another Department policy) in accordance with facility
practice;
d. are otherwise
restricted to their cells or rooms provided the restriction is for fewer than
22 hours a day;
e. are not allowed
to possess or use any personal electronic entertainment items or musical
instruments, but may retain all other allowable personal property items. (If a
prisoner is housed in a multiple occupancy cell or room, the other prisoner(s)
is not restricted from possessing or using his or her electronic entertainment
items or musical instruments, but may not allow the prisoner on disciplinary
restriction to use them); and
f.
are not allowed to purchase or receive delivery of canteen/commissary items,
except those items that they would be allowed to purchase or receive delivery
of if they were on disciplinary segregation status.
6. For prisoners given a disposition of
assigned extra work in lieu of recreation, staff shall endeavor to assign
appropriate extra work to be performed during the recreation period with the
exception of any scheduled exercise time in the housing unit. If appropriate
work is unavailable, the prisoners shall be restricted to their cells or rooms
during the recreation period with the exception of any scheduled exercise time
in the housing unit.
7. A mandatory
minimum monetary sanction of $5.00 shall be imposed upon a finding of guilt of
any disciplinary violation, regardless of any other sanctions imposed, to help
defray the cost of holding disciplinary hearings. This disposition may not be
suspended.
8. A higher monetary
sanction, as set out below, may be recommended by the disciplinary hearing
officer for Assault on Staff, Volunteer or Student Intern; Deadly Instrument;
Gang or Security Threat Group Affiliation, or Trafficking, Alcohol, Marijuana,
Inhalant, or Drug.
9. The following
are the punishments that may be imposed upon a finding of guilt of a
violation.
Class A
Dispositions:
1.
Disciplinary segregation or disciplinary restriction or both, up to a total of
thirty (30) days, except in the case of Assault on Staff, Volunteer or Student
Intern; Deadly Instrument; Gang or Security Threat Group Affiliation; or
Trafficking, Alcohol, Marijuana, Inhalant, or Drug, in which case disciplinary
segregation or disciplinary restriction or both may be up to a total of ninety
(90) days.
2. Loss of good time or
deductions, up to thirty (30) days, except in the case of Assault on Staff,
Volunteer or Student Intern; Deadly Instrument; Gang or Security Threat Group
Affiliation; or Trafficking, Alcohol, Marijuana, Inhalant, or Drug, in which
case loss of good time or deductions may be up to a total of ninety (90)
days.
3. Loss of any of the
following privileges: recreation, canteen/commissary, electronic entertainment
items, and/or musical instruments for no more than thirty (30) days, except in
the case of Assault on Staff, Volunteer or Student Intern; Deadly Instrument;
Gang or Security Threat Group Affiliation; or Trafficking, Alcohol, Marijuana,
Inhalant, or Drug, in which case loss of these privileges may be up to a total
of ninety (90) days,
4. Loss of a
privilege related to the disciplinary violation for no more than thirty (30)
days (e.g., loss of mail, text messaging and/or phone privileges in the case of
a disciplinary violation related to prohibited contact with a victim), except
in the case of Trafficking, Alcohol, Marijuana, Inhalant, or Drug, in which
case if it involves marijuana or a drug, loss of the related privilege (e.g.,
loss of visit and/or mail privileges) may be up to a total of ninety (90)
days.
5. Assignment of extra work
in lieu of recreation for no more than thirty (30) days.
6. Mandatory Minimum Monetary sanction of
$5.00. This disposition may not be suspended.
7. Monetary sanction up to $100.00 for
Assault on Staff, Volunteer or Student Intern; Deadly Instrument; Gang or
Security Threat Group Affiliation; or Trafficking, Alcohol, Marijuana,
Inhalant, or Drug.
8. Restitution
(to replace or repair property destroyed or damaged or to pay the cost of
medical care).
9. Counseling/verbal
reprimand/warning.
10. Any
combination of the above.
Class B Dispositions
:
1. Disciplinary segregation or
disciplinary restriction or both, up to a total of fifteen (15) days.
2. Loss of good time or deductions, up to
fifteen (15) days.
3. Loss of any
of the following privileges: recreation, canteen/commissary, electronic
entertainment items, and/or musical instruments for up to fifteen (15)
days.
4. Loss of a privilege
related to the disciplinary violation for no more than fifteen (15) days (e.g.,
loss of visit privileges in the case of a disciplinary violation related to
visits).
5. Assignment of extra
work in lieu of recreation for no more than fifteen (15) days.
6. Mandatory Minimum Monetary sanction of
$5.00. This disposition may not be suspended.
7. Restitution (to replace or repair property
destroyed or damaged or to pay the cost of medical care).
8. Counseling/verbal
reprimand/warning.
9. Any
combination of the above.
Class C Dispositions:
1. Disciplinary restriction up to
seven (7) days.
2. Loss of good
time or deductions, up to seven (7) days.
3. Loss of any of the following privileges:
recreation, canteen/commissary, electronic entertainment items, and/or musical
instruments for up to seven (7) days.
4. Loss of a privilege related to the
disciplinary violation for no more than seven (7) days (e.g., loss of privilege
to participate in an activity in the case of a disciplinary violation related
to safety while engaging in that activity).
5. Assignment of extra work in lieu of
recreation for no more than seven (7) days.
6. Mandatory Minimum Monetary sanction of
$5.00. This disposition may not be suspended.
7. Restitution (to replace or repair property
destroyed or damaged or to pay the cost of medical care).
8. Counseling/verbal
reprimand/warning.
9. Any
combination of the above.
Procedure F: Acts Prohibited (Violations)
The purpose of this procedure is to define and grade
violations in order to limit official discretion and to give fair warning to
the prisoner of what conduct is prohibited and what the possible consequences
of disciplinary violations are.
Administrative Burden. Performing any action
with the intention to cause or with the knowledge it will cause a waste of
Department of Corrections staff time after having received a written warning,
including an explanation of the prohibited conduct, from the Chief
Administrative Officer, or designee. Class C.
Animal. Mistreatment of an animal, including
abuse, neglect, or harassment. Class A.
Assault on Staff, Volunteer or Student Intern.
Inflicting bodily injury or any attempt to inflict bodily injury on staff,
volunteer or student intern. Class A.
Assault, Other . Inflicting bodily injury on
another person or any attempt to inflict bodily injury on another person. Class
A.
Assessment. Refusing or failing to appropriately
participate in a required program screening or assessment, such as substance
abuse screening, sex offender risk assessment, etc., except for a PREA
assessment (which is voluntary). Class B.
Body Fluid on/at Staff, Volunteer or Student
Intern. Spitting, excreting, urinating on/at staff, volunteer or student
intern; throwing any body fluid or any fluid appearing to be or stated to be a
body fluid on/at staff, volunteer or student intern; or contaminating any item
with any body fluid or any fluid appearing to be or stated to be a body fluid.
Body fluid includes feces, urine, blood, saliva, vomit, semen, or any other
human body fluid. Class A.
Body Fluid, Other. Spitting, excreting,
urinating on/at another individual; throwing any body fluid or any fluid
appearing to be or stated to be a body fluid on/at another individual; or
contaminating any item with any body fluid or any fluid appearing to be or
stated to be a body fluid. Body fluid includes feces, urine, blood, saliva,
vomit, semen, or any other human body fluid. Class A.
Bribery. Promising, offering, or giving to any
Department staff any monetary or other benefit for the purpose of influencing
such staff in the performance of official duties. Class A.
Business or Commerce. Engaging in any business
activity or profession or buying or selling any goods or services without
authorization from the Chief Administrative Officer. Class B.
Canine. Mistreatment of a Department canine,
including inflicting bodily injury, threatening to strike or otherwise injure,
or harassment, or interference with the canine's performance of its duties,
including blocking or hindering its access, substantially restricting its
movement, or disguising a scent. Class A.
Community Release Violation. Any violation of a
community release program agreement, e.g., public service release, work
release, education release, furlough leave, furlough pass, supervised community
confinement. Class A.
Count, Interference. Interfering with count,
intentional delay of count, unexcused absence during count, or refusal to
cooperate with the taking of a count, whether formal or informal. Class A.
Count, Other. Sleeping during a formal count for
which it is required that the prisoner stand, sit, or otherwise respond to
staff, or not being where required during a count, whether formal or informal,
but still in the housing unit or other area in which the count is being taken
(e.g., using the bathroom). Class C.
Counterfeiting. Counterfeiting, forging, or
reproduction of any document, article of identification, stock or other
security, cash, check, money order, or any other legal currency, telephone
calling card, credit, debit or ATM card, or prisoner store card, debit card, or
money transfer, or the possession of any counterfeit, forged, or reproduced
document, article of identification, stock or other security, cash, check,
money order, or any other legal currency, telephone calling card, credit, debit
or ATM card, or prisoner store card, debit card, or money transfer. Class
A.
Currency, Giving or Receiving. The giving or
receiving, directly or indirectly, of any article of identification, stock or
other security, cash, check, money order, or any other legal currency,
telephone calling card, credit, debit, or ATM card, or prisoner store card,
debit card, or money transfer, bank account number, credit, debit, or ATM
cardnumber, telephone PIN number, computer password, or any other PIN number,
password, or access code between a prisoner and another prisoner, between a
prisoner and a volunteer or student intern, or during visits. The giving or
receiving, directly or indirectly, of any of the above between a prisoner and
the family or friend of another prisoner or between a prisoner and staff
without authorization from the Chief Administrative Officer. If it involves any
of the persons above, this includes making a payment for the benefit of another
person or receiving the benefit of a payment made by another person. Class
A.
Currency, Possession or Use. Possession or use
of any article of identification, stock or other security, cash, check, money
order, or any other legal currency, telephone calling card, credit, debit, or
ATM card, or prisoner store card, debit card, or money transfer, bank account
number, credit, debit, or ATM cardnumber, telephone PIN number, computer
password, or any other PIN number, password, or access code unless authorized
by the Commissioner of Corrections. Class A.
Deadly Instrument. Possession of, or the
trafficking in, any firearm, knife, weapon, sharpened instrument, chemical,
explosive, ammunition, or device which could be a deadly instrument. Class
A.
Debt. Incurring any debt, to include but not be
limited to, subscribing to a magazine or ordering a book without pre-payment,
taking out a loan, applying for a credit card, or any other action designed to
obtain goods or services prior to paying for them. This violation does not
include any obligations on the collection priority list, Attachment A to
Department Policy 11.4, Prisoner Financial Records. Class B.
Deception. Creating or reinforcing a false
impression, including a false impression as to identity, value, knowledge, or
intention, for the purpose of depriving another party of money or other
property. Class A.
Demonstration. Organizing, engaging in, or
encouraging any unauthorized group demonstration. Class A.
Destruction of Property, $50 or less. Willful
destruction of any property not the prisoner's, of which the cost of
replacement or repair, including labor, is $50.00 or less. Class B.
Destruction of Property, More than $50. Willful
destruction of any property not the prisoner's, of which the cost of
replacement or repair, including labor, is in excess of $50.00. Class A.
Disorderly Behavior. Failure to conduct oneself
in an orderly manner at all times. Class B.
Disregard of Orders, Encouraging. Encouraging
others to disregard orders, instructions, rules, or assignments. Class
A.
Disturbance, Major. Creating a disturbance which
results in the need for extra staff to respond.Class A.
Disturbance, Minor. Creating a disturbance which
does not result in the need for extra staff to respond. Class C.
Electronic Communication Devices. Possession of
any electronic communication device, including, but not limited to, cell phone,
two-way radio, or pager, without authorization from the Commissioner. Class
A
Equipment. Using machinery, computers, or other
equipment without authorization from the staff in charge of the equipment or
using authorized machinery, computers, or other equipment for an unauthorized
purpose. Class B.
Escape Tool. Possession of any tool, item, or
material which could reasonably be expected to aid in an escape or escape
attempt. Class A.
Escape. Escape, attempting to escape, or
planning an escape. Class A.
Evidence. Willful destruction or concealment of
any item that is evidence or appears to be evidence of a disciplinary violation
or a crime. Class A.
Exposure. Exposing one's private body parts to
another person for the purpose of causing affront or alarm to the other person
or arousing or gratifying the prisoner's sexual desire. Class A.
Extortion. The demanding and/or receiving
anything of value, in return for protection of any kind, by threat of bodily
harm or duress. Class A.
False Statement (Force or Duress). Soliciting a
false statement, whether verbal or written, by any means involving force or
duress. Class A.
False Statement. Making or soliciting a false
statement, whether verbal or written. Class B.
Fighting. Any physical encounter between two or
more persons the object of which is bodily injury. Class B.
Fire, Negligent. Negligent ignition of
combustible materials, the reasonable result of which could be property damage
or personal injury. Class B.
Fire. Intentional. The intentional ignition of
combustible materials, the reasonable result of which could be injury to any
person or the destruction of property. Class A.
Gambling. Gambling, including participation in
legal gambling, such as state sponsored lottery games, or possession of
instruments of gambling. Class B.
Gang or Security Threat Group Affiliation. Being
affiliated with, possessing or displaying any materials, symbols, colors, or
pictures of any identified gang or security threat group, or engaging in
behavior that is uniquely or clearly associated with a gang or security threat
group. Class A.
Giving or Receiving. The giving or receiving,
directly or indirectly, of any item between a prisoner and another prisoner,
between a prisoner and a volunteer or student intern., or during visits. The
giving or receiving, directly or indirectly, of any item between a prisoner and
the family or friend of another prisoner or between a prisoner and staff
without authorization from the Chief Administrative Officer. Class C.
Harassment, General .Harassment by words,
gesture, or other behavior of any person that is not motivated by the person's
race, color, ethnicity, national origin, religion, creed, gender, sexual
orientation, gender identity, or similar circumstance, physical or mental
disability, or crime. Class B.
Harassment, Specific. Harassment by words,
gesture, or other behavior of any person that is motivated by the person's
race, color, ethnicity, national origin, religion, creed, gender, sexual
orientation, gender identity, or similar circumstance, physical or mental
disability, or crime. Class A.
Hoarding. Possession of an unauthorized number
or amount of an authorized item. Class C.
Horseplay. Engaging in horseplay and physical
encounters not part of an organized recreation program. This violation does not
include physical encounters the object of which is threat of injury or actual
injury to another prisoner. Class C.
Hostage Taking. Taking of or being an accessory
to the taking of a hostage or substantially restricting the movement of another
person. Class A.
Housing Regulations. Failure to abide by housing
regulations not specifically covered in this policy but approved for use in the
housing area concerned and conspicuously posted in the housing area or
otherwise provided to the prisoner. Class C.
Hygiene. Failure to maintain personal hygiene
and/or failure to maintain assigned living space in a sanitary and safe
condition, as prescribed by the housing area rules. Class B.
Identification. Tampering with, destruction of
or damage to or failure to display issued identification in the required
manner. Class B.
Informal or Formal Resolution. Failing to abide
by an informal or formal resolution of a disciplinary incident. Class B.
Intake. Refusing to cooperate with any intake
procedure, including, but not limited to, taking of a photo, fingerprints, or
IRIS scan or the legally required collection of a DNA sample. Class A.
Interference. Interfering or encouraging others
to interfere with any staff in the performance of his or her duties, to
include, but not limited to, active or passive physical resistance to any
lawful order, instruction, rule or assignment. Class A.
Mail. Violating mail rules. Class B.
Martial Arts. Demonstrating or practicing
wrestling, boxing, or other martial arts without authorization. Class B.
Medication. Unauthorized possession, giving,
receipt, concealment, or hoarding of any medication or any medication related
item, or abuse of any medication or medication related item. Class B.
Money. Failure to deposit money earned by or
inherited by or otherwise credited to the prisoner into the prisoner's account
at the facility. Class B.
Multiple Violation, Class A. Committing a Class
B violation within one hundred and twenty (120) days of committing the second
of two Class A and/or Class B violations for which the prisoner was found
guilty through the formal resolution process. Class A.
Multiple Violation, Class B. Committing a Class
C violation within one hundred and twenty (120) days of committing the second
of two rule violations of any class for which the prisoner was found guilty
through the formal resolution process. Class B.
Noises. Making loud noises, except for sounds
made as part of an athletic or similar event, e.g., clapping, cheering, etc.
Class C.
Offensive Physical Contact .Offensive physical
contact against staff, volunteer or student intern not resulting in bodily
injury, including, but not limited to, touching for the purpose of causing
affront or alarm to the other person or arousing or gratifying the prisoner's
sexual desire, pushing, shoving, bumping, grabbing, or pinching. It also
includes throwing an object or substance at staff, volunteer or student intern.
Class A.
Order, Negligent Failure to Obey. Negligent
failure to carry out any lawful order, instruction, or assignment. Class
C.
Order, Refusing to Obey. Refusing to obey any
lawful order, instruction, rule, or assignment. Class B.
Out of Place. Leaving a place of assignment or
otherwise moving through the correctional facility without authorization from
the staff in charge of the place of assignment. Class C.
Possession, Alcohol, Marijuana, Inhalant, or
Drug. Possession of alcohol or adulterated food or drink that can be
used to make alcohol, marijuana, inhalant, or drug not prescribed to the
prisoner by the facility healthcare staff or related paraphernalia. Class
B
Possession, Other. Possession of any item which
was not issued to the prisoner, sold through the commissary, or otherwise
authorized to be in the prisoner's possession or unauthorized alteration of an
authorized item. Class C.
Power of Attorney. Giving or receiving of a
power of attorney between a prisoner and another prisoner, or between a
prisoner and staff, volunteer or student intern. The giving or receiving of a
power of attorney between a prisoner and the family or friend of another
prisoner without authorization from the Chief Administrative Officer. Class
C.
Prohibited Contact, Current Victim. Having
contact, directly or indirectly, with a person who the prisoner has been
prohibited from having contact with as a result of any Department policy and
who is a victim of any crime for which the prisoner was, is, or will be serving
a sentence during the current imprisonment; or who has a current protection
from abuse order; or who has a current notification issued pursuant to Title
17-A section 506-A . This includes sending money to or receiving money from the
victim unless there is a court order permitting it (e.g., child support order).
Class A.
Prohibited Contact, Other Than a Current Victim.
Having contact, directly or indirectly, with any person who the prisoner is
prohibited from having contact with as a result of any Department policy and
who is not a current victim of the prisoner as described above. This includes
sending money to or receiving money from the person unless there is a court
order permitting it (e.g., child support order). Class B
Provocation. Provocation by words or gesture of
any person. Class C.
Rioting. Rioting or being an accessory to a
riot. Class A.
Rules. Failure to abide by the rules of any
program not specifically covered in this policy and conspicuously posted in the
program area or otherwise provided to the prisoner. Class C.
Running. Running, except when engaged in an
authorized activity or during an emergency. Class C.
Safety. Failure to follow any safety procedure
or use proper safety clothing or equipment provided by the correctional
facility, whether during practice or actual performance of work or while
engaging in another activity. Class C.
Search or Scan .Refusing to submit to a search
or scan, whether of the prisoner's person, assigned area, e.g., room, cell,
work area, or locker, etc., or property or refusing or failing to follow
instructions in connection with the search or scan. Class A.
Sexual Activity by Force or Duress. Any sexual
activity or kissing involving duress, force, or violence. Class A.
Sexual Activity Not under Duress or Force. Any
sexual activity or kissing not involving force, violence, or duress. Class
B.
Social Networking. Creating or posting, directly
or indirectly, on an internet social networking site, or blogging, directly or
indirectly, the content of which jeopardizes safety, security or orderly
management of the facility. Class B.
Soliciting or Sending. Soliciting money or other
property from another party other than a family member or sending out money or
other property to another party other than a family member without
authorization from the Chief Administrative Officer. Class A.
Tablet. Violating computer tablet rules. Class
B.
Tampering. Tampering with, blocking, or
obtaining control of any safety or security device, including, but not limited
to, any locking device, key or key card, door, window, fire alarm, smoke alarm,
heat sensor, fire sprinkler, security touch screen, radio, or causing a false
alarm. Class A.
Tattooing. Tattooing or any other intentional
puncturing of one's own skin or the skin of another or the possession of
tattooing equipment. Class A.
Telephone. Violating telephone rules. Class
B.
Test, Negative Drug Test. A negative test result
for a drug prescribed to the prisoner by facility healthcare staff that should
have produced a positive test result, if the drug is one that is prone to being
trafficked, including, but not limited to, suboxone, opioid pain killers,
stimulants, and benzodiazepines. Class A.
Test, Positive Alcohol, Inhalant, Marijuana, or Drug
Test. A positive test result for alcohol, inhalant, marijuana, or drug
not prescribed to the prisoner by facility healthcare staff. Class B.
Test, Refusing to Take Alcohol, Inhalant, Marijuana,
or Drug Test. Refusing or failing to take an alcohol, inhalant,
marijuana, or drug test, refusing or failing to provide an adequate specimen,
or refusing or failing to follow instructions for providing an adequate and
uncontaminated specimen. Class A.
Test, Tampering with Alcohol, Inhalant, Marijuana, or
Drug Test. Tampering with an alcohol, inhalant, marijuana, or drug
specimen or trying to hide marijuana, drug, or alcohol use through dilution.
Class A
.Theft, $25 or less. Theft of the property of
another party, where the value of such property is $25.00 or less. Class
B.
Theft, More than $25. Theft of the property of
another party, where the value of such property is greater than $25.00. Class
A.
Threatening. Threatening to strike or otherwise
injure another individual, to include direct or indirect communication. Class
B.
Throwing. Throwing any object or substance other
than body fluids. Class B.
Tobacco. Trafficking, possession or use of
tobacco, or trafficking or possession of tobacco related devices, including,
but not limited to, electronic cigarettes, pipes, lighters, matches, cigarette
papers, and cigarette rollers, without authorization from the Commissioner.
Class B.
Trafficking, Alcohol, Marijuana, Inhalant, or
Drug. Trafficking of alcohol, marijuana, inhalant, or drug, regardless
of whether or not prescribed to the prisoner by facility healthcare staff, or
related paraphernalia Class A.
Under the Influence or Use of Alcohol, Marijuana,
Inhalant, or Drug. Drinking, sniffing, ingesting, injecting, or
otherwise taking and/or being under the influence of alcohol, marijuana,
inhalant, or drug, other than one prescribed to the prisoner by facility
healthcare staff. Class B.
Visiting. Violating visiting rules, including
rules for video visits. Class B.
Waste. Waste, misuse, or negligent destruction
of State property. Class C.
Work, Refusal. Refusing to work, failing to work
as instructed, or leaving work without permission. Class B.
Written Communication. Passing, giving or
receiving, directly or indirectly, of any written communication between a
prisoner and another prisoner without authorization from the Chief
Administrative Officer. Class C.
THE AFOREMENTIONED VIOLATIONS INCLUDE PLANNING OR
ATTEMPT TO COMMIT THE VIOLATION.
THE AFOREMENTIONED VIOLATIONS INCLUDE PARTICIPATION AS
AN ACCESSORY IN THE VIOLATION.
THE AFOREMENTIONED VIOLATIONS INCLUDE CONSPIRACY WITH
ANOTHER PERSON TO COMMIT THE VIOLATION.
THE AFOREMENTIONED VIOLATIONS INCLUDE SOLICITATION OF
ANOTHER PRISONER TO COMMIT THE VIOLATION.
Procedure G: Post-Disciplinary Process Actions
1. The Chief Administrative Officer,
or designee, shall review all disciplinary hearings and dispositions to assure
conformity with Department policy.
2. If, at any time during the disciplinary
process, a prisoner is found not guilty or the disciplinary report is
dismissed, the disciplinary report and any other disciplinary documents shall
be forwarded to the Chief Administrative Officer, or designee, who shall
examine the documents and then destroy them. In a case in which a prisoner is
found guilty of some, but not all charges, the parts of the disciplinary
documents listing the charges for which the prisoner was found not guilty or
which were dismissed shall be blacked out after review by the Chief
Administrative Officer, or designee. In addition, appropriate action shall be
taken by designated staff to expunge the disciplinary documentation in CORIS,
as appropriate. Documents, other than disciplinary documents, which describe
the incident, such as records documenting separation from the general prisoner
population, CORIS incident reports, log book entries, etc., shall not be
destroyed, or blacked out.
3. The
disciplinary report and any other disciplinary documents relating to a
disciplinary case in which a prisoner is found guilty and, if there is an
appeal, the guilty finding is not reversed and the disciplinary report is not
dismissed, shall be entered into CORIS or uploaded and attached to the
disciplinary case in CORIS by designated staff, including any documents
containing the prisoner's signature.
4. Once the disciplinary process is complete,
the prisoner's Unit Manager shall ensure that the disciplinary disposition(s)
are imposed as soon as practicable.
5. Monetary sanctions and restitution, if not
fully collected prior to the prisoner's release from imprisonment, shall
continue to be collected if the prisoner later returns on a new sentence or a
revocation of an old sentence.
6.
Loss of good time or deductions shall apply only to the sentence the prisoner
was serving at the time of the violation, but if applicable, the good time or
deductions may be withdrawn and the sentence completion date adjusted any time
prior to the prisoner's release from imprisonment, but not if the prisoner
later returns on a new sentence or a revocation of an old sentence.
7. All other dispositions may be carried out
any time prior to the prisoner's release from imprisonment, but not if the
prisoner later returns on a new sentence or a revocation of an old
sentence.
8. The Chief
Administrative Officer, or designee, may at any time modify a disposition of
disciplinary segregation time to a disposition of disciplinary restriction time
of the same number of days.
9. The
Chief Administrative Officer, or designee, may at any time suspend some or all
of any disciplinary disposition that the prisoner has accumulated if the
prisoner has demonstrated an extended period of good behavior, except for the
mandatory minimum monetary sanction. The suspension may be revoked in whole or
in part by the Chief Administrative Officer, or designee, if the prisoner is
found guilty of having committed a new violation at any time and after
consultation with the prisoner's Unit Management Team.
10. The Chief Administrative Officer, or
designee, may at any time suspend some or all of any disciplinary disposition
that the prisoner has accumulated if the prisoner signs a written contract
agreeing to demonstrate good behavior and satisfactory program participation on
terms set by the Chief Administrative Officer, or designee, except for the
mandatory minimum monetary sanction. The suspension may be revoked in whole or
in part by the Chief Administrative Officer, or designee, if the prisoner fails
to abide by the contract as determined by the Chief Administrative Officer, or
designee, or is found guilty of having committed a new violation at any time
and after consultation with the prisoner's Unit Management Team.
11. After consultation with appropriate
medical or mental health staff, the Chief Administrative Officer, or designee,
may at any time suspend some or all disciplinary segregation time or
disciplinary restriction time that a prisoner has accumulated to the extent
necessary to address medical or mental health needs. After consultation with
appropriate medical or mental health staff, the suspension may be revoked in
whole or in part by the Chief Administrative Officer, or designee, if the
prisoner's medical or mental health condition allows.
12. In the case of a prisoner who has been a
given disciplinary disposition that would result in the prisoner being on
continuous disciplinary segregation status for more than thirty (30) days, the
Chief Administrative Officer, or designee, shall review and determine whether
to approve the continuation on disciplinary segregation status beyond the
thirty (30) days or modify or suspend the disposition as set out
above.
13. Conduct constituting a
disciplinary violation may result in a change in custody level, transfer to
another facility, change in housing status, drop in privilege level,
modification of case plan, restriction or suspension of privileges, including,
but not limited to, mail, phone, visits, and/or text messaging privileges, or
the taking of any other action based on a determination that such action is in
the interest of the prisoner, in the interest of the prisoner population, or in
the interest of safety, security, or orderly management, regardless of whether
the disciplinary process is initiated and, if initiated, regardless of whether
the conduct leads to an informal resolution or formal resolution of the
violation. A dismissal or a finding of not guilty does not preclude taking any
such action. Such action is not in the nature of
punishment.
