Part I: Why and How to Restructure Your Inmate Disciplinary System
Explains why, in light of recent Supreme Court decisions, especially Sandin v. Conner, correctional institutions should review and consider restructuring their inmate disciplinary roles. The law now gives corrections managers greater flexibility to improve and simplify their procedures. Part I explains, in plain language, these new opportunities.
Introduction Procedures as Important as Result
Liability Exposure: A Real Risk? Sandin v. Conner Opens Door for Disciplinary Rule Restructuring 21 Years Under Wolff Standard Sandin v. Conner: Wolff Revisited... and Reduced
A New Approach to Inmate's Due Process Protections Turns on Atypical, Significant Hardship
"Liberty Interest" Test
Sandin and Pretrial Detainees
Reducing Litigation Liability
Reexamining the Disciplinary Rule Structure
Part II: Model Rules
Provides specific prewritten policy language you can use as-is for more than thirty critical areas, from inmate witnesses and grounds for denying witness requests to proof of guilt, prehearing detention, and appropriate sanctions -- along with detailed commentary each proposed disciplinary rule's practical application.
Overview of Suggested Disciplinary Rules
Agency Burden under Wolff
Relief under Sandin
Responsibility of Heating Officer
Suggested Rules and Commentary
Part III: Sample Checklist and Forms
To aid in facility-wide application of the suggested rules, Part III provides process checklists and model forms, which may be used as is or adapted to your institution's particular needs. These working tools help you ensure incidents are written up correctly and enable hearing officers to set up and conduct efficient fair proceedings that comply with legal requirements.
Infraction Report--Serious Infractions
Infraction Report--Level I (Minor) Infractions
Notice of Hearing
Witness Request Form
Supervisor Pre-Hearing Review
Disciplinary Charges--Settlement Agreement
Informant Information Report (Confidential)
Witness Denial Notice
Inmate Refusal to Attend Hearing
Disclinplinary Hearing Checklist
Hearing Officer Checklist
Staff Training Checklist
Part IV: How to Conduct a Defensible Due Process Disciplinary Hearing: A Guide for Hearing Officers
A hands-on guide for personnel who work with inmate disciplinary rules and hearings on a day-to-day basis, especially institution staff responsible for presiding over disciplinary hearings for major infractions. Part IV explains the basis for the various due process requirements relevant to inmate discipline and tells how those requirements should be implemented to ensure sound, legally defensible results. Practical tips for Hearing Officers are highlighted throughout.
Specifically designed for staff training, this section is also separately available in an affordable paperback for distribution to COs responsible for conducting hearings.
Due Process: Its Source and Purpose Due Process and the Prison Disciplinary Process
The Hearing Officer: Cornerstone of "Legal" Hearing
"Notice" in Disciplinary Hearings Wears Several Faces
Inmate Presence in the Hearing
Witnesses: A Limited Right, But Denials Must Be Justified
Use of Informant Information
Inmate Assistance in Heating Required in Some Situations
Mental Illness and the Disciplinary Process
The Burden of Proof: Does "Some Evidence" Prove Guilt?
"The Record": What Is It? Why Is It Important?
Trends and Developments Update Application of Due Process After Sandin v. Conner
Decisions Affecting Duration of Sentence
Discipline, Due Process, and Pretrial Detainees
Conclusory Statements and Notices
Conclusory Notices: A Cautionary Tal Conclusions May Not Be ‘Evidence’ At All
Conclusory Statements of Reasons
Evidence in Disciplinary Hearings
Consequences of Failure to Assess Reliability
Exculpatory Evidence, Including VideosThe Role of the Hearing Officer
Evaluating Conflicting Evidence
Hearing Officer Neutrality
Witness Request Denials
Appeals of Hearing Results: Liability for Error
Reference to Criminal Laws