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The purposes of inmate discipline include enforcing inmates’ compliance with policies, rules, and regulations ensuring that inmats exercise proper discipline and restraint in their actions while incarcerated and protecting the safety of inmates, staff, and others. Jail officials additionally have legitimate penological interests in providing a viable inmate discipline system. It should come as no surprise that corrections officials must have the means to enforce policies, regulations, rules, and to control inmates’ behavior and conduct.Īlthough it is important to have positive incentives for inmates to subordinate themselves to jail rules, it is critical to the safe, secure, and orderly operation of corrections facilities to have the means to coerce compliance with rules and regulations when such compliance is not voluntarily given. Jails and prisons incarcerate persons who have been accused, and convicted, of violating criminal law, and include among their numbers many of society’s most violent, dangerous, manipulative, intimidating, and unpredictable members. Line officers must manage inmates on a face-to-face, minute-by-¬minute basis and thus have a need for effective support from the disciplinary process to reinforce in the minds of inmates that there are predictable and significant consequences for engaging in misconduct. They need a disciplinary system which ensures that the due process provided to inmates at a disciplinary hearing is compatible with the needs of prison security, safety and order.
They also need a system unencumbered by burdensome, time-consuming procedural requirements, which undermine the ability of line officers to effectively manage and control inmates.
However, requiring officials to provide inmates with due process on par with that afforded defendants in criminal trials or civil litigation would result in a burdensome and unwieldy system that would hamstring officials in trying to effectively manage inmates and meet their legitimate penological interests of safety, security, order and discipline.Ĭorrections officers also have legitimate interests in receiving reasonable support from the inmate disciplinary system to provide sanctions, when appropriate, to help control inmate misconduct. Inmates may believe that the Due Process Clause entitles them to representation by counsel, strict procedural requirements at hearings, cross-examination of adverse witnesses, and other procedural protections. Inmates understandably would prefer to have limitless due process to have every possible advantage in their interaction with corrections officials. Line officers expect the disciplinary system to support their efforts to control and manage inmates, many of whom are reluctant to willingly submit to authority.Ĭompeting Interests in Determining Due Process Requirements
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On the other hand, corrections officials want to be free to impose discipline swiftly and surely to have an immediate and maximum effect on inmate conduct.
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Inmates facing disciplinary charges want the full panoply of rights ordinarily available in defending criminal charges, or at the very least those due process rights afforded to probationers and parolees at revocation hearings. The inmate discipline process pits the due process interests, or in some cases desires, of inmates against corrections officials’ penological interests, including safety, security, order, and discipline. In any environment in which accused and convicted persons are incarcerated against their will, it will be necessary to have the means to enforce compliance with rules and regulations. Inmate discipline is a critical component of inmate management. Part I, below, will provide hearing officers and other corrections officials with an overview of inmate discipline and the basic principles for establishing the foundation for an effective and constitutional system for administering inmate discipline.
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Part I: The Foundation for an Effective Discipline SystemĮditor’s Note: This article is the first in a series discussing inmate discipline.