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Wiki source code of CG 07 Punitive Discipline

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Ryan Larkin 1.1 1 **Washington County Sheriff's Office**
2
3 **CORRECTIONS DIVISION**
4
5 Policy Manual
6
7
8 Volume: CG
9
10 Inmate Management
11
12 Chapter: 07
13
14 Punitive Discipline
15
16
17 Replaces and/or Supersedes:
18
19 PG 40, PG 42, PG 43, PG 44, PG 45, PG 46, OD 03-002-A
20
21 Published:
22
23 04/07/2014
24
25 Review Date:
26
Ryan Larkin 4.1 27 02/16/2022
Ryan Larkin 1.1 28
29
Ryan Larkin 4.1 30 Sheriff Nate Brooksby
Ryan Larkin 1.1 31
Ryan Larkin 4.1 32 Chief Deputy Trevor Benson
Ryan Larkin 1.1 33
34
35 __**TABLE OF CONTENTS**__
36
37 CG 07_101 Definitions
38
39 CG 07_102 References
40
41 CG 07_103 General
42
43 CG 07_104 Criminal Violations
44
45 CG 07_105 Punitive Temporary Restrictions
46
47 CG 07_106 Notice
48
49 CG 07_107 Filing Charges
50
51 CG 07_108 Due Process & Disciplinary Hearing
52
53 CG 07_109 Documentation of Hearings
54
55 CG 07_110 Presenting Evidence
56
57 CG 07_111 Calling Witnesses
58
59 CG 07_112 Confronting Accuser/Cross-Examination
60
61 CG 07_113 Assistance to Inmates
62
63 CG 07_114 Self-Incrimination
64
65 CG 07_115 Double Jeopardy
66
67 CG 07_116 Standard of Proof
68
69 CG 07_117 Approved Sanctions
70
71 CG 07_118 Sanction Guidelines
72
73 CG 07_119 Sanction Restrictions
74
75 CG 07_120 Imposing Sanctions
76
77 CG 07_121 Termination of Sanctions
78
79 CG 07_122 Disciplinary Appeal
80
81
82 **CG 07_101 __DEFINITIONS__**
83
84 1. WCSO: Washington County Sheriff's Office
85 1. PCF: Purgatory Correctional Facility
86 1. IDHO: Inmate Disciplinary Hearing Officer
87 1. VC: Violation Code
88
89 **CG 07_102 __REFERENCES__**
90
Ryan Larkin 4.1 91 None
Ryan Larkin 1.1 92
93 **CG 07_103 __GENERAL__**
94
95 1. Policy:
96 11. 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:
97 111. Reduce the temptation of inmates to test the system;
98 111. Strengthen the resolve of staff to enforce inmate rules and regulations;
99 111. Avoid informal development of levels of misconduct which may:
100 1111. Result in a perception that misconduct is acceptable;
101 1111. Breed contempt for regulations and undermine discipline and order;
102 1111. Cause inmates to doubt the resolve of staff members to enforce rules and regulations; or
103 1111. Result in inconsistent enforcement among shifts.
104 11. Disciplinary actions shall be defined as one of two categories :
105 111. Minor:
Ryan Larkin 4.1 106 1111. 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>>doc:Policy.Corrections.CG 04 Orientation and Rules.WebHome]]. Minor sanctions include:
Ryan Larkin 1.1 107 11111. Verbal warning or reprimand;
108 11111. Written warning or reprimand; and
109 11111. Restriction of privileges (excluding mail and religious services) for up to seven days..
110 111. Major:
111 1111. 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>>doc:Policy.Corrections.CG 04 Orientation and Rules.WebHome]]. Major sanctions include:
112 11111. Any sanction exceeding the limitations of a temporary sanction as defined in this policy (section: PUNITIVE TEMPORARY RESTRICTIONS);
113 11111. Loss of accrued good-time;
114 11. 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.
115 1. Rationale:
Ryan Larkin 4.1 116 11. 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.
Ryan Larkin 1.1 117 11. 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.
118
119 **CG 07_104 __CRIMINAL VIOLATIONS__**
120
121 1. Policy:
122 11. When an inmate violates an administrative rule which is also a violation of federal, state, or local law, the case should be:
123 111. Prosecuted administratively as a Major violation; and
124 111. Screened with the County Attorney for criminal charges.
125 11. 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.
126 11. 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.
127 11. WCSO staff should receive, at a minimum, annual training regarding crime scene protection and the preservation of evidence.
128 1. Rationale:
129 11. Criminal acts committed by inmates in a jail should be prosecuted, whenever feasible, because:
130 111. Criminal acts threaten the safety of staff, other inmates, and/or the public;
131 111. Criminal acts may diminish jail security, order, and discipline; and
132 111. 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.
133 11. Other agencies should be utilized to lead or assist with inmate criminal violations:
134 111. To avoid bias when there is suspected WCSO staff involvement in the violations;
135 111. To utilize the resources of other agencies; or
136 111. When the criminal acts appear to:
137 1111. Involve persons incarcerated in other jails or prisons; or
138 1111. Be tied to other ongoing investigations by other agencies.
139 11. 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.
140
141 **CG 07_15 __PUNITIVE TEMPORARY RESTRICTIONS__**
142
143 1. Policy:
144 11. 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:
145 111. Verbal warning or reprimand;
146 111. Written warning or reprimand;
147 111. Restriction of privileges (excluding mail and religious services) for up to seven days.
148 111. 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.
149 11. 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.
150 11. 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.
151
152 **CG 07_16 __NOTICE__**
153
154 1. Policy:
155 11. Inmates shall receive notice of PCF rules and regulations via the Inmate Orientation Packet (reference policy: [[CG 04 Orientation and Rules>>doc:Policy.Corrections.CG 04 Orientation and Rules.WebHome]]).
156 11. 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:
157 111. The date, time, and location of the alleged misconduct;
158 111. The rule code and title violated;
159 111. A brief description of the alleged misconduct; and
160 111. Date and time of the scheduled disciplinary hearing.
161 11. The notice to the inmate should not include information of a confidential nature which would expose:
162 111. The names of confidential informants or inmate witnesses who might be put at risk;
163 111. Details of an investigation; or
164 111. Other information which would place at risk PCF's legitimate interests (e.g., safety, security, order).
165 11. For State contract inmates, a copy of the disciplinary notice should be forwarded to the State caseworker as soon as possible.
166 1. Rationale:
167 11. Inmates should not be expected to comply with rules or regulations that they have not been informed of.
168 11. Inmates are constitutionally entitled to written notice prior to hearings for alleged major misconduct to ensure that they understand the circumstances.
169 11. Only that information which is necessary to ensure that the inmate can prepare his/her case is required in the notice.
170
171 **CG 07_107 __FILING CHARGES__**
172
173 1. Policy:
174 11. 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.
175 11. Staff should draft and forward the incident report to the shift supervisor for review.
176 11. 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.
177 11. The delay in initiating disciplinary charges should not prejudice inmates in their ability to refute allegations.
178 11. The misconduct of inmates should be documented in the jail computer system.
179 1. Rationale:
180 11. Certified staff have more training relative to managing inmates. Thus, non-certified staff should allow certified staff to handle inmate discipline issues.
181
182 **CG 07_108 __DUE PROCESS & DISCIPLINARY HEARING__**
183
184 1. Policy:
185 11. A hearing shall be required for all major disciplinary actions.
186 11. Hearings should be provided in a timely manner.
187 11. 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.
188 11. Before conducting a hearing, the IDHO should review the initiating report and any other associated information or materials.
189 11. Disciplinary hearings shall not be held less than 24 hours following notice to the inmate, unless the inmate waives the 24-hour requirement.
190 11. 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.
191 11. Any temporary restrictions imposed on inmates awaiting hearing should be considered by the IDHO in scheduling disciplinary hearings.
192 11. 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:
193 111. Amount to a refusal to allow the inmate to present evidence or call an otherwise acceptable witness important to defending against the allegations; or
194 111. Otherwise materially prejudice the inmate's ability to defend against the allegations.
195 11. 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.
196 1. Rationale:
197 11. Inmate discipline due process is required to:
198 111. Ensure compliance with the requirements of law; and
199 111. Provide fundamental fairness to inmates.
200 11. Timely hearings serve PCF's interests by providing swift and sure responses to inmate misconduct.
201 11. Hearings provide an opportunity for accused inmates to refute alleged misconduct.
202 11. The U.S. Supreme Court ruled that an impartial hearing is constitutionally required.
203 11. 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.
204
205 **CG 07_109 __DOCUMENTATION OF HEARINGS__**
206
207 1. Policy:
208 11. 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.
209 11. 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:
210 111. Should evaluate the reliability of the information and/or information source;
211 111. Should document the perceived reliability; and
212 111. 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.
213 11. At a minimum, the IDHO should document and record:
214 111. Rulings on:
215 1111. Admissibility of evidence;
216 1111. Requests to call witnesses;
217 1111. Requests to cross examine adverse witnesses;
218 1111. Requests for legal assistance; and
219 1111. Other requests/motions;
220 111. Testimony or other information received from confidential sources;
221 111. Information relative to the reliability of confidential information sources;
222 111. The evidence relied upon in developing findings of fact;
223 111. The reasons for the disciplinary action taken;
224 111. Instructions to the inmate to compel testimony and warnings concerning adverse inferences; and
225 111. Other information necessary to substantiate that:
226 1111. Adequate due process was provided;
227 1111. Verdicts were based on sufficient evidence; and
228 1111. Sanctions were not unreasonable, arbitrary, or capricious.
229 11. 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.
230 11. A copy of the hearing disposition shall be:
231 111. Provided in the inmate's disciplinary file;
232 111. Provided to the inmate; and
233 111. Provided to the State caseworker (for State inmates).
234 1. Rationale:
235 11. Proper documentation memorializes events and may aid PCF in answering litigation.
236 11. The reasons for determining whether there was sufficient evidence to support the allegations of misconduct must be documented:
237 111. To provide the accused inmate the reasons for the decision;
238 111. To provide facility staff the reasons for the decision; and
239 111. To memorialize the evidence relied upon by the IDHO for the determination.
240
241 **CG 07_110 __PRESENTING EVIDENCE__**
242
243 1. Policy:
244 11. Subject to restrictions as determined by the IDHO, accused inmates should be permitted to present evidence to defend against alleged misconduct.
245 11. Evidence at hearings may include:
246 111. Testimony;
247 111. Writings/documents;
248 111. Material objects; or
249 111. Other information offered to prove the existence or nonexistence of a fact.
250 11. The rules by which evidence must be received and admitted in a criminal or civil court shall not govern administrative discipline hearings.
251 11. Rules of evidence shall be flexible and are intended to ascertain the truth of the matter under consideration with a minimum of procedural impediments.
252 11. 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.
253 11. Hearsay is admissible, but should be relevant. The IDHO has the discretion and responsibility to consider the reliability of the source and information.
254 11. 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.
255 11. It is not required that the accused inmate be physically present for all phases of the hearing.
256 1. Rationale:
257 11. Procedural differences for administrative disciplinary actions are permitted by law.
258 11. Flexible evidence procedures minimize procedural impediments.
259
260 **CG 07_111 __CALLING WITNESSES__**
261
262 1. Policy:
263 11. Inmates have a limited right to call witnesses in a disciplinary proceeding.
264 11. 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:
265 111. Would not be relevant or material;
266 111. Would be redundant, cumulative, or unnecessary; or
267 111. Would be hazardous to the legitimate interests of the PCF.
268 11. If a request to call a witness is denied, the IDHO should document the reasons.
269 1. Rationale:
270 11. Limits in regard to an inmate calling witnesses are permitted by law.
271
272 **CG 07_112 __CONFRONTING ACCUSER/CROSS-EXAMINATION__**
273
274 1. Policy:
275 11. An IDHO should deny cross-examination by an inmate.
276 11. An IDHO may permit cross-examination and confrontation if:
277 111. The confrontation or cross-examination is essential to the fact-finding effort; and
278 111. It can be done without a significant risk:
279 1111. Of retaliation against the witness or others;
280 1111. To safety or security;
281 1111. Of personal antagonism between the inmate and the witness; and
282 1111. It would not result in unnecessary delays or otherwise reduce the manageability of the hearings.
283 1. Rationale:
284 11. 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.
285
286 **CG 07_112 __ASSISTANCE TO INMATES__**
287
288 1. Policy:
289 11. 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.
290 11. In determining the need for assistance the IDHO should determine whether the accused inmate is:
291 111. Illiterate;
292 111. Unable to communicate in English;
293 111. Not mentally competent; or
294 111. Sight, hearing, or otherwise physically impaired.
295 1. Rationale:
296 11. Some inmates may require assistance to prepare a defense.
297
298 **CG 07_113 __SELF-INCRIMINATION__**
299
300 1. Policy:
301 11. If an inmate refuses to answer questions at a disciplinary hearing, the inmate shall be warned that:
302 111. He/she is not constitutionally entitled to remain silent in a disciplinary hearing; and
303 111. His/her silence may result in an adverse inference.
304 11. 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.
305 11. 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.
306 11. 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.
307 1. Rationale:
308 11. Inmates defending against disciplinary actions are not constitutionally protected from self-incrimination when asked questions during administrative proceedings.
309
310 **CG 07_114 __DOUBLE JEOPARDY__**
311
312 1. Policy:
313 11. Criminal and administrative cases shall be handled separately by separate individuals.
314 11. Testimonies and other evidence from a disciplinary hearing shall not be shared with a criminal investigator.
Ryan Larkin 4.1 315 11. 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.
Ryan Larkin 1.1 316 1. Rationale:
317 11. It is not double jeopardy to charge an inmate with both criminal and administrative violations for the same event.
318
319 **CG 07_115 __STANDARD OF PROOF__**
320
321 1. Policy:
322 11. The IDHO may find the accused inmate guilty of the alleged misconduct if there is some evidence to support the charges.
323 11. Absent some evidence to support the allegations, the IDHO shall find the accused inmate not guilty of the alleged misconduct.
324 11. As a matter of practice, the IDHO should include in the written findings evidence sufficient to meet the "some evidence" standard whenever possible.
325 1. Rationale:
326 11. 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.
327
328 **CG 07_116 __APPROVED SANCTIONS__**
329
330 1. Policy:
331 11. 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:
332 111. First offense: verbal warning;
333 111. Second offense: one-day restriction;
334 111. Third offense: three-day restriction;
335 111. Fourth offense: seven-day restriction;
336 111. Fifth offense: isolation (lockdown) pending formal disciplinary hearing.
337 11. When coercive measures are required to enforce proper conduct and compliance with regulations, those measures should be taken in a decisive manner.
338 11. 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.
339 11. Approved sanctions include, but are not limited to:
Ryan Larkin 4.1 340 111. 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;
Ryan Larkin 1.1 341 111. Denial of, or removal from, education programs, treatment programs, and/or congregate religious services;
342 111. Restriction of other privileges and/or amenities ordinarily available;
343 111. Loss of accrued good-time (County inmates only);
344 111. Requests to Board of Pardons and Parole to rescind an inmate's release date;
345 111. Punitive isolation (lockdown);
346 111. Requiring the inmate to make restitution.
347 1. Rationale:
348 11. 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.
349 11. 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.
350 11. Likewise, less severe punishments where stronger punishments are appropriate may have the unintended effect of encouraging future misconduct.
351 11. 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.
352
353 **CG 07_118 __SANCTION GUIDELINES__**
354
355 1. Policy:
356 11. The sanction guidelines for IDHOs, per single guilty violation, after due process (excluding other elements), are:
357 111. If guilty of any VC-4:
Ryan Larkin 3.1 358 1111. Up to fourteen days restriction; and/or
359 1111. Up to ten days lockdown; and/or
Ryan Larkin 1.1 360 1111. Restitution.
361 111. If guilty of any VC-3:
Ryan Larkin 3.1 362 1111. Fourteen to twenty-one days restriction; and/or
363 1111. Ten to fifteen days lockdown; and/or
Ryan Larkin 1.1 364 1111. Restitution.
365 111. If guilty of any VC-2:
Ryan Larkin 3.1 366 1111. Twenty-one to twenty-eight days restriction; and/or
Ryan Larkin 4.1 367 1111. Fifteen to thirty days lockdown; and/or
Ryan Larkin 1.1 368 1111. Restitution.
369 111. If guilty of any VC-1:
Ryan Larkin 2.1 370 1111. Restitution( if applicable); and/or
Ryan Larkin 1.1 371 1111. Thirty to forty-five days lockdown; or
372 1111. Up to sixty days lockdown for aggravated offenses and/or circumstances; or
373 1111. Over sixty days lockdown with approval from the Corrections Chief Deputy.
374 1. Rationale:
375 11. Although general guidelines won't necessarily be able to address every situation, established guidelines can help maintain consistency and fairness.
376
377 **CG 07_119 __SANCTION RESTRICTIONS__**
378
379 1. Policy:
380 11. Inmates shall not be subjected to cruel and unusual punishment.
Ryan Larkin 4.1 381 11. Inmates shall not be placed in restraints as a means of punishment (reference policy [[CG 06 Non-Punitive Restriction>>doc:Policy.Corrections.CG 06 Non-Punitive Restriction.WebHome]]).
382 11. 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).
Ryan Larkin 1.1 383 11. Inmates shall not be deprived of water:
384 111. 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.
385 111. 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.
Ryan Larkin 4.1 386 11. Inmates shall not be denied food or be given a modified diet for disciplinary reasons (refer to policy: [[CG 06 Non-Punitive Restriction>>doc:Policy.Corrections.CG 06 Non-Punitive Restriction.WebHome]]).
Ryan Larkin 1.1 387 11. 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.
388 11. 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.
389 11. Corporal punishment shall not be used.
390 11. Disciplinary sanctions shall not be capricious or retaliatory.
391 1. Rationale:
392 11. 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).
393
394 **CG 07_120 __IMPOSING SANCTIONS__**
395
396 1. Policy:
397 11. After a finding of guilty, the IDHO shall determine what, if any, punishment or other actions are required.
398 11. 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.
399 11. 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.
400 11. 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.
401 11. Shift supervisors shall be responsible for ensuring that staff members execute those sanctions scheduled for implementation during their respective shifts.
402 1. Rationale:
403 11. Disciplinary sanctions are counter-productive if not carried out.
404
405 **CG 07_121 __TERMINATION OF SANCTIONS__**
406
407 1. Policy:
408 11. Disciplinary sanctions shall be promptly terminated when the required punishments have been fulfilled.
409 11. Each certified staff member is responsible for calendaring the termination date for any punishments for which that certified staff member is responsible.
410 11. 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.
411 11. Shift supervisors are responsible for ensuring that staff members terminate sanctions in a timely manner.
412 1. Rationale:
413 11. The extension of disciplinary sanctions could trigger potential due process violations.
414
415 **CG 07_122 __DISCIPLINARY APPEAL__**
416
417 1. Policy:
418 11. Inmates shall not be permitted to file a grievance form regarding formal disciplinary action (inmates may file a disciplinary appeal).
419 11. Inmates should be permitted to appeal disciplinary findings and sanctions.
420 11. The appeal for disciplinary actions will go to the Sheriff, or Sheriff's designee.
421 1. Rationale:
422 11. Inmates are not constitutionally entitled to an appeal of the disciplinary findings or sanctions of the IDHO. Appeals are provided by the PCF:
423 111. To ensure that inmate discipline is handled in a fair and consistent manner; and
424 111. To provide the Sheriff the opportunity to discover any deficiencies in due process, documentation of findings, or severity of disciplinary punishments.
425 11. 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.
426 1. Procedure:
Ryan Larkin 4.1 427 11. 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.
Ryan Larkin 1.1 428 11. The inmate may appeal the disciplinary findings or sanctions by articulating a claim that:
429 111. The due process provided was inadequate;
430 111. There was insufficient evidence to support the allegations; and/or
431 111. The sanctions are unconstitutionally harsh compared to the misconduct for which he/she was found guilty.
432 11. In making the appeal, the inmate shall be required to fully state the reason(s) for each claim on the appeal document.
433 11. The inmate will not appear personally before the Sheriff to state his/her appeal.
434 11. 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.
435 11. Upon making a final determination on the appeal, the Sheriff shall enter his decision in writing.
436 11. The Sheriff (or designee) shall be the only appellate level for the PCF disciplinary process.
437 11. Inmates shall not be subject to retaliation for appeal of disciplinary findings.
438 11. Written appeal decisions shall be distributed to:
439 111. The IDHO supervisor;
440 111. The inmate;
441 111. The inmate's disciplinary file.