CG 07 Punitive Discipline

Last modified by Ryan Larkin on 2022/02/16 18:48

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CG

Inmate Management

Chapter: 07

Punitive Discipline

Replaces and/or Supersedes:

PG 40, PG 42, PG 43, PG 44, PG 45, PG 46, OD 03-002-A

Published:

04/07/2014

Review Date:

02/16/2022

Sheriff Nate Brooksby

Chief Deputy Trevor Benson

TABLE OF CONTENTS

CG 07_101 Definitions

CG 07_102 References

CG 07_103 General

CG 07_104 Criminal Violations

CG 07_105 Punitive Temporary Restrictions

CG 07_106 Notice

CG 07_107 Filing Charges

CG 07_108 Due Process & Disciplinary Hearing

CG 07_109 Documentation of Hearings

CG 07_110 Presenting Evidence

CG 07_111 Calling Witnesses

CG 07_112 Confronting Accuser/Cross-Examination

CG 07_113 Assistance to Inmates

CG 07_114 Self-Incrimination

CG 07_115 Double Jeopardy

CG 07_116 Standard of Proof

CG 07_117 Approved Sanctions

CG 07_118 Sanction Guidelines

CG 07_119 Sanction Restrictions

CG 07_120 Imposing Sanctions

CG 07_121 Termination of Sanctions

CG 07_122 Disciplinary Appeal

CG 07_101 DEFINITIONS

WCSO: Washington County Sheriff's Office
PCF: Purgatory Correctional Facility
IDHO: Inmate Disciplinary Hearing Officer
VC: Violation Code

CG 07_102 REFERENCES

None

CG 07_103 GENERAL

Policy:
1. Inmate rules and regulations shall be enforced using a disciplinary system. Disciplinary actions are punitive in nature, in contrast to classification decisions which are non-punitive. The disciplinary system shall be fair, consistent, impartial, and objective. The primary objectives of the disciplinary system include:
  1. Reduce the temptation of inmates to test the system;
  2. Strengthen the resolve of staff to enforce inmate rules and regulations;
  3. Avoid informal development of levels of misconduct which may:
    1. Result in a perception that misconduct is acceptable;
    2. Breed contempt for regulations and undermine discipline and order;
    3. Cause inmates to doubt the resolve of staff members to enforce rules and regulations; or
    4. Result in inconsistent enforcement among shifts.
2. Disciplinary actions shall be defined as one of two categories :
  1. Minor:
    1. The elements of the violation are not significant enough to require a review hearing or due process. Minor sanctions generally apply to misconduct consisting of a violation of a rule not required to be processed as a “Major” disciplinary violation, as set forth in the Inmate Orientation Packet referenced in policy: CG 04 Orientation and Rules. Minor sanctions include:
      1. Verbal warning or reprimand;
      2. Written warning or reprimand; and
      3. Restriction of privileges (excluding mail and religious services) for up to seven days..
  2. Major:
    1. The elements of the violation require a disciplinary hearing and due process. Major sanctions apply to misconduct consisting of a violation of a rule required or permitted to be processed as a “Major” disciplinary violation, as set forth in the Inmate Orientation Packet referenced in policy: CG 04 Orientation and Rules. Major sanctions include:
      1. Any sanction exceeding the limitations of a temporary sanction as defined in this policy (section: PUNITIVE TEMPORARY RESTRICTIONS);
      2. Loss of accrued good-time;
3. Disciplinary requirements should balance the legitimate needs of the facility for security, safety, order, behavior modification, and inmate management with the interests of inmates to have a fair and equitable opportunity to be heard and refute allegations of major misconduct.
Rationale:
1. Discipline and compliance should be enforced to ensure the reasonable safety of inmates, staff, visitors, and the community. Punitive sanctions to encourage compliance with rules, regulations, orders, and other directions are required when dealing with a population incarcerated due to an inability or unwillingness to comply with the law and respect the rights of others.
2. Categorizing disciplinary actions permits minor disciplinary actions to be resolved without formal hearings, which are not required for minor sanctions and are more demanding on staff time and resources.

CG 07_104 CRIMINAL VIOLATIONS

Policy:
1. When an inmate violates an administrative rule which is also a violation of federal, state, or local law, the case should be:
  1. Prosecuted administratively as a Major violation; and
  2. Screened with the County Attorney for criminal charges.
2. The WCSO has been assigned jurisdiction to handle or take the lead in investigating, prosecuting, crime scene protection, and evidence handling of inmate criminal violations conducted within PCF. The Hurricane Police Department, or other outside agency, may be called upon to assist, with the approval of the Sheriff or the Sheriff's designee.
3. The Hurricane Police Department, or other outside agency, may be assigned jurisdiction or take the lead in investigating, prosecuting, crime scene protection, and evidence handling of inmate criminal violations conducted within PCF, with approval of the Sheriff or the Sheriff's designee.
4. WCSO staff should receive, at a minimum, annual training regarding crime scene protection and the preservation of evidence.
Rationale:
1. Criminal acts committed by inmates in a jail should be prosecuted, whenever feasible, because:
  1. Criminal acts threaten the safety of staff, other inmates, and/or the public;
  2. Criminal acts may diminish jail security, order, and discipline; and
  3. Aggressive prosecution of crimes committed by incarcerated persons sends a message to inmates that such conduct will not be tolerated and that there are serious consequences for such violations.
2. Other agencies should be utilized to lead or assist with inmate criminal violations:
  1. To avoid bias when there is suspected WCSO staff involvement in the violations;
  2. To utilize the resources of other agencies; or
  3. When the criminal acts appear to:
    1. Involve persons incarcerated in other jails or prisons; or
    2. Be tied to other ongoing investigations by other agencies.
3. Failure to properly protect the crime scene or preserve evidence relating to a criminal act in the jail may result in the case being compromised to the point that the case cannot be prosecuted or, if prosecuted, a conviction is less likely.

CG 07_15 PUNITIVE TEMPORARY RESTRICTIONS

Policy:
1. The following punitive temporary restrictions are minor sanctions and do not rise to the level of serious punishment and therefore do not require a disciplinary hearing:
  1. Verbal warning or reprimand;
  2. Written warning or reprimand;
  3. Restriction of privileges (excluding mail and religious services) for up to seven days.
  4. Other sanctions which do not rise to the level of Major status. While punishments other than those listed above may be imposed for minor violations without due process, punishments without due process should not result in atypical or substantial sanctions.
2. Inmates shall be notified of any temporary restrictions placed upon them. Notification may be made verbally; however, documentation of the notice shall also be made in the jail computer system.
3. If the circumstances of a disciplinary action do not justify a fact-finding hearing and formal action, the matter may be handled informally. However, even informal actions shall be documented in the jail computer system to ensure consistent reporting and handling of inmate discipline.

CG 07_16 NOTICE

Policy:
1. Inmates shall receive notice of PCF rules and regulations via the Inmate Orientation Packet (reference policy: CG 04 Orientation and Rules).
2. Inmates accused of major disciplinary violations shall be given written notice of their alleged misconduct at least 24 hours prior to their disciplinary hearing. Care should be exercised to ensure that the written notice clearly and accurately states the circumstances alleged. Notification shall include:
  1. The date, time, and location of the alleged misconduct;
  2. The rule code and title violated;
  3. A brief description of the alleged misconduct; and
  4. Date and time of the scheduled disciplinary hearing.
3. The notice to the inmate should not include information of a confidential nature which would expose:
  1. The names of confidential informants or inmate witnesses who might be put at risk;
  2. Details of an investigation; or
  3. Other information which would place at risk PCF's legitimate interests (e.g., safety, security, order).
4. For State contract inmates, a copy of the disciplinary notice should be forwarded to the State caseworker as soon as possible.
Rationale:
1. Inmates should not be expected to comply with rules or regulations that they have not been informed of.
2. Inmates are constitutionally entitled to written notice prior to hearings for alleged major misconduct to ensure that they understand the circumstances.
3. Only that information which is necessary to ensure that the inmate can prepare his/her case is required in the notice.

CG 07_107 FILING CHARGES

Policy:
1. Certified staff who observe or otherwise become aware of inmate misconduct should initiate the discipline process. Non-certified staff should notify a certified staff member and the certified staff member should initiate the process.
2. Staff should draft and forward the incident report to the shift supervisor for review.
3. Disciplinary actions should be initiated without unreasonable delay. However, inmates are not entitled to a maximum time limit on the filing of disciplinary charges or setting of a hearing.
4. The delay in initiating disciplinary charges should not prejudice inmates in their ability to refute allegations.
5. The misconduct of inmates should be documented in the jail computer system.
Rationale:
1. Certified staff have more training relative to managing inmates. Thus, non-certified staff should allow certified staff to handle inmate discipline issues.

CG 07_108 DUE PROCESS & DISCIPLINARY HEARING

Policy:
1. A hearing shall be required for all major disciplinary actions.
2. Hearings should be provided in a timely manner.
3. Hearings shall be conducted by an impartial hearing officer. A hearing officer shall not have participated in the case in an investigative function, a review function, as a witness, or have personal knowledge of material facts. Additionally, the hearing officer should not be involved in escorting or handcuffing the inmate to be heard.
4. Before conducting a hearing, the IDHO should review the initiating report and any other associated information or materials.
5. Disciplinary hearings shall not be held less than 24 hours following notice to the inmate, unless the inmate waives the 24-hour requirement.
6. As a general guideline, disciplinary hearings should be held as soon as possible (after the 24-hour notice period). If a hearing cannot be scheduled within seven days, a log entry should be made in the jail computer system indicating the reason(s) for the delay. Delays in hearing disciplinary cases should not be permitted to prejudice the inmate's ability to defend the allegations of misconduct.
7. Any temporary restrictions imposed on inmates awaiting hearing should be considered by the IDHO in scheduling disciplinary hearings.
8. The IDHO has the discretion and authority to grant or deny continuances requested by staff or inmates. Inmates are not entitled to a continuance of the proceeding unless denying the continuance would:
  1. Amount to a refusal to allow the inmate to present evidence or call an otherwise acceptable witness important to defending against the allegations; or
  2. Otherwise materially prejudice the inmate's ability to defend against the allegations.
9. The rules of evidence do not apply in the hearing. All relevant evidence is admissible. The IDHO has the discretion to determine what evidence is relevant.
Rationale:
1. Inmate discipline due process is required to:
  1. Ensure compliance with the requirements of law; and
  2. Provide fundamental fairness to inmates.
2. Timely hearings serve PCF's interests by providing swift and sure responses to inmate misconduct.
3. Hearings provide an opportunity for accused inmates to refute alleged misconduct.
4. The U.S. Supreme Court ruled that an impartial hearing is constitutionally required.
5. Because the intent of the imposition of punitive restrictions is to punish, a fact-finding hearing should be provided to determine a verdict relative to the alleged misconduct if there is a potential that serious punishment may result.

CG 07_109 DOCUMENTATION OF HEARINGS

Policy:
1. The IDHO shall document each disciplinary hearing in the jail computer system (additional audio recording may be made). In listing the evidence relied upon, the IDHO shall be specific as to which testimony, physical evidence, documentary evidence, or other evidence or information was relied upon in determining the verdict.
2. Protected information (e.g., informant names) shall not be included in the computer entry. Protected information shall be documented and archived in a separate location with limited access. When confidential information is admitted into consideration for a hearing, the IDHO:
  1. Should evaluate the reliability of the information and/or information source;
  2. Should document the perceived reliability; and
  3. If it would not present a hazard to PCF interests, provide the inmate with a synopsis of the information received so he/she can try to refute the information.
3. At a minimum, the IDHO should document and record:
  1. Rulings on:
    1. Admissibility of evidence;
    2. Requests to call witnesses;
    3. Requests to cross examine adverse witnesses;
    4. Requests for legal assistance; and
    5. Other requests/motions;
  2. Testimony or other information received from confidential sources;
  3. Information relative to the reliability of confidential information sources;
  4. The evidence relied upon in developing findings of fact;
  5. The reasons for the disciplinary action taken;
  6. Instructions to the inmate to compel testimony and warnings concerning adverse inferences; and
  7. Other information necessary to substantiate that:
    1. Adequate due process was provided;
    2. Verdicts were based on sufficient evidence; and
    3. Sanctions were not unreasonable, arbitrary, or capricious.
4. If made, audio recordings shall be retained in an electronic archive for a minimum of five years from the date of the hearing. After five years, audio recordings may be deleted from the archive. If a disciplinary case is the subject of litigation, or is otherwise being contested by the inmate, the audio recording should be retained until the matter has proceeded to final disposition. Final disposition will be realized after a court has ruled and the opportunity for further appeal has expired.
5. A copy of the hearing disposition shall be:
  1. Provided in the inmate's disciplinary file;
  2. Provided to the inmate; and
  3. Provided to the State caseworker (for State inmates).
Rationale:
1. Proper documentation memorializes events and may aid PCF in answering litigation.
2. The reasons for determining whether there was sufficient evidence to support the allegations of misconduct must be documented:
  1. To provide the accused inmate the reasons for the decision;
  2. To provide facility staff the reasons for the decision; and
  3. To memorialize the evidence relied upon by the IDHO for the determination.

CG 07_110 PRESENTING EVIDENCE

Policy:
1. Subject to restrictions as determined by the IDHO, accused inmates should be permitted to present evidence to defend against alleged misconduct.
2. Evidence at hearings may include:
  1. Testimony;
  2. Writings/documents;
  3. Material objects; or
  4. Other information offered to prove the existence or nonexistence of a fact.
3. The rules by which evidence must be received and admitted in a criminal or civil court shall not govern administrative discipline hearings.
4. Rules of evidence shall be flexible and are intended to ascertain the truth of the matter under consideration with a minimum of procedural impediments.
5. Testimony does not have to be received in person. It may be received by telephone, video, or in writing; including, but not limited to: drug test reports, signed statements, incident reports, and affidavits.
6. Hearsay is admissible, but should be relevant. The IDHO has the discretion and responsibility to consider the reliability of the source and information.
7. Formally admitting into evidence the actual physical evidence (e.g., damaged equipment, torn clothing, drugs seized) is not necessary. Evidence can be offered by photocopy, photograph, or testimony.
8. It is not required that the accused inmate be physically present for all phases of the hearing.
Rationale:
1. Procedural differences for administrative disciplinary actions are permitted by law.
2. Flexible evidence procedures minimize procedural impediments.

CG 07_111 CALLING WITNESSES

Policy:
1. Inmates have a limited right to call witnesses in a disciplinary proceeding.
2. The IDHO may refuse an inmate's request to call a witness. The IDHO may refuse to call a witness if he/she determines the testimony:
  1. Would not be relevant or material;
  2. Would be redundant, cumulative, or unnecessary; or
  3. Would be hazardous to the legitimate interests of the PCF.
3. If a request to call a witness is denied, the IDHO should document the reasons.
Rationale:
1. Limits in regard to an inmate calling witnesses are permitted by law.

CG 07_112 CONFRONTING ACCUSER/CROSS-EXAMINATION

Policy:
1. An IDHO should deny cross-examination by an inmate.
2. An IDHO may permit cross-examination and confrontation if:
  1. The confrontation or cross-examination is essential to the fact-finding effort; and
  2. It can be done without a significant risk:
    1. Of retaliation against the witness or others;
    2. To safety or security;
    3. Of personal antagonism between the inmate and the witness; and
    4. It would not result in unnecessary delays or otherwise reduce the manageability of the hearings.
Rationale:
1. Inmates do not have a right to confront accusers or to cross-examine adverse witnesses in administrative disciplinary hearings, and allowing such may risk the safety and security of inmates and PCF.

CG 07_112 ASSISTANCE TO INMATES

Policy:
1. Legal counsel shall not be permitted to represent inmates at disciplinary hearings. However, a staff member may assist the inmate if the IDHO determines the accused inmate is not competent to represent himself or the issues are too complex for the inmate to prepare a defense without assistance.
2. In determining the need for assistance the IDHO should determine whether the accused inmate is:
  1. Illiterate;
  2. Unable to communicate in English;
  3. Not mentally competent; or
  4. Sight, hearing, or otherwise physically impaired.
Rationale:
1. Some inmates may require assistance to prepare a defense.

CG 07_113 SELF-INCRIMINATION

Policy:
1. If an inmate refuses to answer questions at a disciplinary hearing, the inmate shall be warned that:
  1. He/she is not constitutionally entitled to remain silent in a disciplinary hearing; and
  2. His/her silence may result in an adverse inference.
2. If an inmate refuses to answer questions relevant to the issues of the disciplinary proceeding after receiving the above warnings, adverse inferences may be drawn.
3. If adverse inferences are considered by the IDHO in establishing the required level of proof, the inferences shall be listed in the written findings among the other factors relied upon by the IDHO to determine that the alleged misconduct occurred.
4. If the disciplinary misconduct alleged has resulted in, or is likely to result in, criminal charges in addition to the administrative disciplinary proceeding, an independent investigation of the matter will take place without any involvement from the IDHO. The IDHO may not share any information from the disciplinary hearing with the criminal investigator. However, the IDHO may, at the option of the IDHO, allow the inmate not to testify in the disciplinary hearing without drawing a negative inference.
Rationale:
1. Inmates defending against disciplinary actions are not constitutionally protected from self-incrimination when asked questions during administrative proceedings.

CG 07_114 DOUBLE JEOPARDY

Policy:
1. Criminal and administrative cases shall be handled separately by separate individuals.
2. Testimonies and other evidence from a disciplinary hearing shall not be shared with a criminal investigator.
3. Because guilty verdicts in criminal trials require a higher standard of proof than is required in administrative disciplinary proceedings, a not-guilty criminal verdict shall not prevent a finding of guilt in the discipline hearing.
Rationale:
1. It is not double jeopardy to charge an inmate with both criminal and administrative violations for the same event.

CG 07_115 STANDARD OF PROOF

Policy:
1. The IDHO may find the accused inmate guilty of the alleged misconduct if there is some evidence to support the charges.
2. Absent some evidence to support the allegations, the IDHO shall find the accused inmate not guilty of the alleged misconduct.
3. As a matter of practice, the IDHO should include in the written findings evidence sufficient to meet the "some evidence" standard whenever possible.
Rationale:
1. Requiring that there be some identifiable evidence upon which the IDHO is to base the determination will ensure a greater margin against error in the event that a guilty finding in a disciplinary action is appealed or challenged in a civil action.

CG 07_116 APPROVED SANCTIONS

Policy:
1. Punishments shall be consistent with the offense. In general, and when appropriate, progressive discipline should be used. For minor offenses, the following guidelines should be used, when appropriate:
  1. First offense: verbal warning;
  2. Second offense: one-day restriction;
  3. Third offense: three-day restriction;
  4. Fourth offense: seven-day restriction;
  5. Fifth offense: isolation (lockdown) pending formal disciplinary hearing.
2. When coercive measures are required to enforce proper conduct and compliance with regulations, those measures should be taken in a decisive manner.
3. Disciplinary punishments for serious or repeated minor misconduct must be strong enough to impress upon the inmate the intent of PCF officials to demand and enforce compliance.
4. Approved sanctions include, but are not limited to:
  1. Loss of personal mail privileges for up to seven days, or fourteen days with the approval of the Corrections Chief Deputy, for violations of mail regulations;
  2. Denial of, or removal from, education programs, treatment programs, and/or congregate religious services;
  3. Restriction of other privileges and/or amenities ordinarily available;
  4. Loss of accrued good-time (County inmates only);
  5. Requests to Board of Pardons and Parole to rescind an inmate's release date;
  6. Punitive isolation (lockdown);
  7. Requiring the inmate to make restitution.
Rationale:
1. Verbal warnings may be given because discipline need not be entirely punitive. Efforts to instruct, counsel, and encourage compliance with rules and regulations should supplement the discipline process.
2. Progressive discipline should be used where appropriate and possible because punishments which are unnecessarily harsh for less serious offenses may result in antagonism, without the intended benefit of good discipline, and may exceed constitutional limits in some cases.
3. Likewise, less severe punishments where stronger punishments are appropriate may have the unintended effect of encouraging future misconduct.
4. Informal actions such as reprimands and counseling may be more appropriate for minor offenses than formal actions, especially if the violation is a first offense.

CG 07_118 SANCTION GUIDELINES

Policy:
1. The sanction guidelines for IDHOs, per single guilty violation, after due process (excluding other elements), are:
  1. If guilty of any VC-4:
    1. Up to fourteen days restriction; and/or
    2. Up to ten days lockdown; and/or
    3. Restitution.
  2. If guilty of any VC-3:
    1. Fourteen to twenty-one days restriction; and/or
    2. Ten to fifteen days lockdown; and/or
    3. Restitution.
  3. If guilty of any VC-2:
    1. Twenty-one to twenty-eight days restriction; and/or
    2. Fifteen to thirty days lockdown; and/or
    3. Restitution.
  4. If guilty of any VC-1:
    1. Restitution( if applicable); and/or
    2. Thirty to forty-five days lockdown; or
    3. Up to sixty days lockdown for aggravated offenses and/or circumstances; or
    4. Over sixty days lockdown with approval from the Corrections Chief Deputy.
Rationale:
1. Although general guidelines won't necessarily be able to address every situation, established guidelines can help maintain consistency and fairness.

CG 07_119 SANCTION RESTRICTIONS

Policy:
1. Inmates shall not be subjected to cruel and unusual punishment.
2. Inmates shall not be placed in restraints as a means of punishment (reference policy CG 06 Non-Punitive Restriction).
3. Inmates should not be sentenced to punitive isolation (lockdown) for longer than sixty days on any single disciplinary violation without approval from the Corrections Chief Deputy (this prohibition does not limit the length of non-punitive isolation resulting from a classification decision).
4. Inmates shall not be deprived of water:
  1. Water may be shut off in a cell for security or operational necessity in order to prevent flooding or other misuse of water or plumbing.
  2. If it is necessary to shut off water in a cell, the shift supervisor shall ensure that there is adequate water provided on an as-needed basis for drinking, hygiene, and toilets. Toilets shall be turned on to permit flushing after inmate use.
5. Inmates shall not be denied food or be given a modified diet for disciplinary reasons (refer to policy: CG 06 Non-Punitive Restriction).
6. The IDHO shall not deny inmates basic necessities such as toilet facilities, clothing, or bedding. However, if an inmate destroys bedding or clothing, the standard clothing or bedding issue may be modified to protect against the destruction of jail property or for the safety and security of the facility. The decision to remove bedding or clothing may be made by the shift supervisor (or higher-ranking official) and may last only until the exigency requiring the deprivation has been resolved.
7. Inmates may not be prevented from maintaining personal hygiene as a disciplinary action. Inmates shall not be deprived of soap, toothbrush, comb, shaving implements, nor showers as a disciplinary action.
8. Corporal punishment shall not be used.
9. Disciplinary sanctions shall not be capricious or retaliatory.
Rationale:
1. Inmates have legal rights to basic necessities such as water and food. Disciplinary decisions cannot legally revoke an inmate's basic legal rights. However, non-disciplinary management restrictions may be imposed to address specific issues (reference policy: CG 06 Non-Punitive Restriction).

CG 07_120 IMPOSING SANCTIONS

Policy:
1. After a finding of guilty, the IDHO shall determine what, if any, punishment or other actions are required.
2. The severity of punitive actions imposed by the IDHO should be consistent with the severity of the rule violation and the inmate's disciplinary history.
3. A disciplinary offense may be punished by a single sanction or by multiple penalties. In no case shall the IDHO order any sanction prohibited by this policy.
4. It shall be a breach of duty for any member of PCF staff to fail to fully implement any sanctions which fall within his/her area of responsibility.
5. Shift supervisors shall be responsible for ensuring that staff members execute those sanctions scheduled for implementation during their respective shifts.
Rationale:
1. Disciplinary sanctions are counter-productive if not carried out.

CG 07_121 TERMINATION OF SANCTIONS

Policy:
1. Disciplinary sanctions shall be promptly terminated when the required punishments have been fulfilled.
2. Each certified staff member is responsible for calendaring the termination date for any punishments for which that certified staff member is responsible.
3. It is a breach of duty for any certified staff member to fail to promptly terminate completed punishments which fall within his/her area of responsibility.
4. Shift supervisors are responsible for ensuring that staff members terminate sanctions in a timely manner.
Rationale:
1. The extension of disciplinary sanctions could trigger potential due process violations.

CG 07_122 DISCIPLINARY APPEAL

Policy:
1. Inmates shall not be permitted to file a grievance form regarding formal disciplinary action (inmates may file a disciplinary appeal).
2. Inmates should be permitted to appeal disciplinary findings and sanctions.
3. The appeal for disciplinary actions will go to the Sheriff, or Sheriff's designee.
Rationale:
1. Inmates are not constitutionally entitled to an appeal of the disciplinary findings or sanctions of the IDHO. Appeals are provided by the PCF:
  1. To ensure that inmate discipline is handled in a fair and consistent manner; and
  2. To provide the Sheriff the opportunity to discover any deficiencies in due process, documentation of findings, or severity of disciplinary punishments.
2. The Sheriff has the ultimate liability for the actions of the staff of PCF; thus, the Sheriff should be informed of possible misconduct or erroneous actions.
Procedure:
1. If an inmate found guilty of misconduct disagrees with the findings or sanctions in a disciplinary action, the inmate may appeal to the Sheriff. The appeal may be initiated by completing a disciplinary appeal form within five days of receiving the disciplinary disposition and forwarding it to the Sheriff.
2. The inmate may appeal the disciplinary findings or sanctions by articulating a claim that:
  1. The due process provided was inadequate;
  2. There was insufficient evidence to support the allegations; and/or
  3. The sanctions are unconstitutionally harsh compared to the misconduct for which he/she was found guilty.
3. In making the appeal, the inmate shall be required to fully state the reason(s) for each claim on the appeal document.
4. The inmate will not appear personally before the Sheriff to state his/her appeal.
5. If the Sheriff determines additional evidence or testimony should be received, he may remand the case back to the IDHO for further proceedings, stating the reasons for the remand. The subsequent IDHO's ruling in the case following remand is also subject to appeal.
6. Upon making a final determination on the appeal, the Sheriff shall enter his decision in writing.
7. The Sheriff (or designee) shall be the only appellate level for the PCF disciplinary process.
8. Inmates shall not be subject to retaliation for appeal of disciplinary findings.
9. Written appeal decisions shall be distributed to:
  1. The IDHO supervisor;
  2. The inmate;
  3. The inmate's disciplinary file.