Perf-Based Stds, Adult Corr. Inst. 5th ed March 2021

Part 3: Institutional Operations

5-ACI-3C-21 (Ref. 4-4246)

Written policy, procedure, and practice provide that if an inmate is found not guilty of an alleged rule violation, the disciplinary report shall be so noted and may be removed from the inmate’s files. Comment : When an inmate is found guilty of only some of the rule violations he or she was originally charged with in connection with a single incident, and when that incident is described in a single disciplinary report, the inmate’s record should show clearly the violations that were not proved. All disciplinary reports, regardless of disposition, may be kept and used for statistical or research purposes providing all identification is removed. Where there are multiple incidents, alleged rule violations for which an inmate is found not guilty must be separated and removed from the inmate’s file. When multiple incidents/charges are listed on a single report, charges resulting in not-guilty findings may be marked over or blacked out.

Protocols : Written policy and procedure.

Process Indicators : Inmate files and records. Disciplinary records.

Review

5-ACI-3C-22 (Ref. 4-4247)

Written policy, procedure, and practice provide for review of all disciplinary hearings and dispositions by the warden/superintendent or designee to assure conformity with policy and regulations. Comment : At the conclusion of the disciplinary hearing, the hearing record should be forwarded to the warden/superintendent or designee for review. This review should ensure that the hearing was conducted in accordance with stated procedures and that the action taken conforms with institutional regulations.

Protocols : Written policy and procedure.

Process Indicators : Documentation of review.

Appeal

5-ACI-3C-23 (Ref. 4-4248)

Written policy, procedure, and practice grant inmates the right to appeal deci- sions of the disciplinary committee to the warden/superintendent or designee. Inmates have up to 15 days of receipt of the decision to submit an appeal. The appeal is decided within 30 days of its receipt, and the inmate is promptly no- tified in writing of the results. Comment : The appeal process should consider three factors: whether there was substantial compliance with institutional standards and procedures in handling in- mate discipline; whether the disciplinary committee’s decision was based on sub- stantial evidence; and whether, under the circumstances, the sanction imposed was proportionate to the rule violation.

Protocols : Written policy and procedure.

Process Indicators : Disciplinary records.

102 Adult Correctional Institutions, Fifth Edition