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

Part 3: Institutional Operations

Prehearing Action 5-ACI-3C-09 (Ref. 4-4234)

Written policy, procedure, and practice specify that, when an alleged rule vi- olation is reported, an appropriate investigation is begun within 24 hours of the time the violation is reported and is completed without reasonable delay, unless there are exceptional circumstances for delaying the investigation. Comment : Investigations of alleged rule violations should be commenced as soon as possible after the incident is reported. The investigating officer should be a staff member but not the officer who reported the incident.

Protocols : Written policy and procedure.

Process Indicators : Disciplinary action. Documentation of investigation and timing.

5-ACI-3C-10 (Ref. 4-4235)

Within the disciplinary procedures document there is provision for prehear- ing detention of inmates who are charged with a rule violation. The inmate’s pre-hearing status is reviewed by the warden/superintendent or designee within 72 hours, including weekends and holidays. Comment : Prehearing detention is the confinement of an inmate in an individual cell until an investigation is completed or a hearing scheduled. Such detention should not be punitive and should be used only when necessary to ensure the in- mate’s safety or the security of the institution. Documentation should be provided as to the reason for detention, and no inmate should remain in prehearing detention longer than necessary.

Protocols : Written policy and procedure.

Process Indicators : Documentation of review. Documentation of timing.

5-ACI-3C-11 (Ref. 4-4236)

Written policy, procedure, and practice provide that an inmate charged with a rule violation receives a written statement of the charge(s), including a de- scription of the incident and specific rules violated. The inmate is given the statement at the same time that the disciplinary report is filed with the disci- plinary committee but no less than 24 hours prior to the disciplinary hearing. The hearing may be held within 24 hours with the inmate’s written consent.

Comment : None.

Protocols : Written policy and procedure. Disciplinary forms.

Process Indicators : Disciplinary records. Inmate records.

98 Adult Correctional Institutions, Fifth Edition