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Inmate Discipline & Infraction Reports

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by

Lisa Aguirre

on 6 May 2017

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Transcript of Inmate Discipline & Infraction Reports

Inmate Discipline & Infraction Reports
Disciplinary process
Meet your Disciplinary Hearing Deputies!
Deputy Aguirre
7 years with WCSO, 3 as DHD
Bachelor of Social Work, Masters in Organizational Leadership w/emphasis in Criminal Justice Administration
Legal Issues & Discipline Trainings
DDIII, FTO
Safety & Wellness agency representative
Weld County Volunteer of the Year 2014
Technical Services Deputy- discipline, evidence collection and preservation, "Jack of all trades"
Rule violation
The violation occurs- you NEED to address it, but how?
Minor violations
Serious violations
Notice
Inmate needs presented with an advance written notice
Appeal
The Inmate wants a disciplinary hearing deputy review
What can inmates appeal?
Atypical sanctions
Inmates CANNOT appeal intermediate sanctions

-When is appeal due?
24 hours after the report is served

-Receiving appeals
Reports dismissed if lost
Place in green envelope
Document in the incident
Place envelope in Disciplinary Hearing Box
Hearing
When an inmate submits an appeal for infraction, it is reviewed and a disciplinary hearing is conducted
Sanctions
SPECIAL CIRCUMSTANCES
Trusty Inmates
Options for minor violations:
-Intermediate sanctions
-Regression
-Regression + another sanction

Options for serious violations:
-Standard serious violation sanctions
-Do NOT need to recommend regression
Special Management Inmates
Follow the case plan!
-All serious infractions must be reviewed by Disciplinary Hearing Deputy within 24 business hours
-No appeal process for minor infractions
Special Needs Inmates
-Have specific sanction schedule in their case plan- typically up to 24 hours in-pod lockdown for minor violations and up to 72 hours in-pod lockdown for serious violations

-No appeal process
Mental Health Hold Inmates
(MHHD)
-Cannot be written up administratively or held accountable for their behavior on an administrative level

-Can still be criminally charged
Suicide Watch Inmates
(SUW)
-Inmates may still be written up
-Inmates may still appeal infractions
-Sanctions will not be imposed until completion of SUW
-When is a hearing due?
72 BUSINESS hours after appeal is received

-How is a hearing conducted?
Read inmate statements, deputy statements, view evidence, make a finding

-What does a hearing deputy look for?
"Some" evidence- lower than probable cause, but higher than no evidence

-Hearing deputy responsibilities
Remain unbiased, adhere to commonly accepted case law, provide a written statement of findings and evidence used, maintain accurate records
When are sanctions imposed?
Intermediate sanctions: At the time the inmate is served
If inmate pleads guilty: At the time the inmate is served
If the inmate pleads not guilty but does not turn in an appeal: At the date and time the appeal was due
If the inmate pleads not guilty and later changes plea to guilty: At the time the inmate changed plea to guilty
If inmate pleads not guilty and turns in an appeal: At the time the hearing deputy finds the inmate guilty
Components
Due process
Inmates have rights in regards to administrative discipline WHEN ATYPICAL SANCTIONS ARE RECOMMENDED
Rule Review
Minor Rules: Inmate Handbook 16.4
Serious Rules: Inmate Handbook 16.5.B
Sanctions
-Any amount of lockdown time
-Loss of good time
-Cost reimbursement
-Trusty regression

Inmate Handbook 16.4
Infraction report NOT required!!!
Inmate Handbook Section 16.5
Infraction report REQUIRED!!
Introduction
Formula
Disciplinary History+
Incident Severity=
Appropriate Sanction
Minor vs Serious Sanctions
Special circumstances
Positive behavior
Length since last infraction
Questions??
Inmate Handbook Sections 16-18
Alternative sanctions:
Formal Sanctions
Intermediate Sanctions (Loss of gym, commissary, and/or visits) for up to 7 days
In-Pod lockdown for 24, 48, or 72 hours
Disciplinary Segregation for 7 days
Report Writing
Primary: Just enough information to
formulate an appeal
Supplemental: Whole story, ALL evidence to be considered
Offense Code: Chosen Rule
Suggested Sanctions: Based on sanction guidelines
Deputy Metcalfe
BA in Sociology w/ Emphasis in Criminology
Prior employment at a pharmacy and youth treatment facility
2 years with WCSO
FTO, Booking, Taser Certifications
Aspires to be a K9 handler
Teaches IPC & Emergency Practicals
Hobbies include fishing, hunting, and baseball
-Advance written notice
-No less than 24 hours to formulate an appeal
-Ability to call witnesses
-Impartial tribunal
-Written notification of findings including evidence used to determine guilt
Purpose of Discipline
Encourage prosocial behavior!
YOU are the professional!
Atypical Sanctions:
Available Sanctions:
-Intermediate sanctions (loss of gym, commissary, and/or visiting privileges for up to 7 days)
-In-pod lockdown (24, 48, 72 hours)
-Trusty regression
-Disciplinary Segregation (7, 14, 21, or 28 days)
-Loss of good time
-Monetary reimbursement

14 days lockdown MINIMUM
21 days lockdown
28 days lockdown (with Captain approval)
Loss of good time
Cost reimbursement
VERBAL WARNINGS!!!
How can you tell what sanctions an inmate is serving?
Scheduled events
Institutional classification
Inmate Rights
Full transcript