Lesson 3: Inmate Discipline Process PDF

Lesson 3 Inmate Discipline Process Lesson Goal You will be able to distinguish between a minor and major rule violation, apply appropriate discipline, and complete a disciplinary report. Think About This Many of us have seen television shows and movies that show violent fights in prisons and...

Lesson 3 Inmate Discipline Process Lesson Goal You will be able to distinguish between a minor and major rule violation, apply appropriate discipline, and complete a disciplinary report. Think About This Many of us have seen television shows and movies that show violent fights in prisons and jails. What is not often shown is what happens after these fights have ended. How does the administra- tion deal with the inmates involved? How are these inmates disciplined so that this behavior does not happen again? Inmate Discipline Discipline is the enforcement of a penalty for a violation of established rules and is used to ensure compliance and obedience to established rules. The disciplinary process is designed to correct an inmate’s behavior. The goal of discipline is to maintain order and ensure the safety and security of the facility. Section 944.09, F.S., provides the authority and guidelines for enforcing rules. It allows each facility the ability to expand the guidelines for establishing rules for disciplinary processes and lets higher authorities tailor them to each situation. You can never deny due process, but you can restrict it to meet the safety needs of a facility. For example, mail is a right, but, with the exception of legal mail, it may be withheld from the inmate until disciplinary confinement is complete. Rule 33-601.314, F.A.C., defines the rules of prohibited inmate conduct and the penalties for viola- tions or infractions in state correctional facilities. A list of these rules is included in every inmate’s handbook. The Florida Model Jail Standards govern rules in county facilities, and inmates are also given a copy of these standards in their inmate handbook. ✅ CO603.1. Understand the role of progressive discipline for an inmate rule violation or infraction In a correctional facility, the disciplinary process is an administrative function that addresses minor and major rule violations; it does not follow the same rules as criminal procedures. This disciplinary process is sometimes called progressive discipline. The process increases the penalty if the inmate does not correct their behavior. Officer discretion may be applied when determining a disciplin- ary action, considering the severity of the rule violation or any violations of the law. If an inmate is involved in a disciplinary process, and a pending outside criminal charge may apply, Miranda warnings must be given before questioning the inmate. A rule violation or infraction is an activity or behavior that is not permitted in the correctional facil- ity. For example, an inmate steals a radio that belongs to another inmate. While this is technically 166 / Florida Basic Recruit Training Program (CO): Volume 1 petit theft, the offending inmate may be disciplined only within the facility and not prosecuted in a court of law. Collect and analyze all relevant information about an observed or reported rule violation. Ask the inmate and other observers open- ended questions to obtain more information about the violation. Ask follow-up questions and take complete and accurate notes on the information you receive. During questioning, look for inconsistencies in inmate responses, body language, or physi- cal evidence. Minor and Major Rule Violations When you observe inappropriate inmate behavior, begin the documentation process of progres- sive discipline. Be familiar with and refer to your facility’s inmate handbook or agency’s rules and regulations manual. After determining if it is a minor or major rule violation, respond based on the severity of the incident. ✅ CO603.2. Understand the process of progressive discipline for minor and major rule violations, including inmate isolation Minor infractions are violations of rules for which a disciplinary report is not necessary. A minor violation is any rule violation resulting in a consequence that goes beyond a verbal warning, but the violation would not justify maximum disciplinary sanctions. Some unacceptable behaviors gener- ally considered to be minor rule violations include wearing a uniform improperly, rough horseplay, and gambling. Some rule violations may be considered major or minor depending on the circum- stances, the severity or the degree of the violation, and other considerations. Major rule violations are any disruption so significant that maximum disciplinary sanctions may be imposed. Incidents like disorderly conduct, disrespectful behavior, violence, use of a weapon, sexual activity, use of drugs or intoxicants, battery, and extortion are considered major rule violations. As soon as you become aware of a major rule violation, obtain approval from the shift supervisor to begin the disciplinary process. It may be necessary to isolate the inmate in a holding area to maintain the order and security of the facility, as well as the safety of staff, visitors, and inmates. If you need to place an inmate who has committed a major rule violation into isolation, follow these steps: Contact a supervisor or control room. Request backup if necessary. Secure the inmate and separate them from other inmates. Secure the scene (if there is a suspected crime scene). Move the inmate to a holding cell. Have medical perform a pre-confinement physical (depending on agency policies and procedures). Chapter 6 Supervising in a Correctional Facility / 167  Move the inmate to confinement. Document the incident. In most facilities, officers must notify their supervisor of any major rule violations. The supervisor will evaluate the incident and make sure that any additional action is taken as needed. A higher authority, such as a duty warden or sheriff, may also be notified, as well as outside agencies. There may be a crime scene, evidence may need to be preserved and protected, and coordination with other agencies may be required. The supervisor must approve any action taken, verify that proper documentation is completed, and make sure that the disciplinary process is carried out in a fair and unbiased manner. Corrective Action Corrective action is when steps are taken to eliminate the cause of inappropriate or unlawful behav- ior to prevent it from happening again. Given the nature of a correctional facility and inmates in general, inappropriate inmate behavior will occur. Officer presence discourages rule violations. ✅ CO603.3. Understand the corrective action an officer can take as part of the inmate discipline process, to include writing a disciplinary report (DR) When you observe inappropriate conduct, give a verbal warning or counseling to the inmate to stop the behavior immediately. A majority of disciplinary issues can be handled at this level. If the inmate immediately corrects the behavior, no other action is required. If the behavior continues, you may escalate your response. The discipline process involves counseling and may also result in: verbal warning corrective consultation (incident report or mid-level written warning) formal disciplinary report Counseling is an in-depth explanation of a rule violation, including suggestions on how the inmate can correct their behavior. Before counseling an inmate, refer to the inmate’s handbook or rules and regulations manual. Separate the inmate from others during counseling and communicate profes- sionally. Make sure the inmate has a clear understanding of the rules they have broken. Explain the disciplinary process if the inmate’s behavior continues. This process could include a disciplin- ary report, possible loss of privileges, a change in custody level or work assignment, confinement, or loss of gain time. A verbal warning is a verbal statement directed to an inmate that they have committed a rule violation and should correct the behavior immediately. Explain your observations to the inmate and describe the unacceptable behavior and steps to correct it. An inmate’s behavior is unaccept- able if it clearly violates the facility rules. You can document a verbal warning in a variety of ways, including incident reports, daily logs, computer logs, an inmate’s permanent disciplinary record, or specific agency forms. 168 / Florida Basic Recruit Training Program (CO): Volume 1 A corrective consultation (incident report or written warning) is usually an agency-specific form that documents an inmate rule violation. You will counsel the inmate about the offense and then document it on the form. Document the corrective consultation as soon as possible, and include the details of the incident, including your name, the inmate’s name and identification number, and the date, time, and location of the violation. Basically, include the who, what, where, when, why, and how of the violation and the specific corrective actions you took. You and the inmate must sign the form. If the inmate refuses to sign the form, document the refusal on the form, and provide the inmate with a copy within 24 hours of your completion of the form. An additional copy will be placed in the inmate’s institutional file. This documentation may serve as a basis for future refer- ence or formal disciplinary action. Some agencies do not require written warnings and immediately issue a disciplinary report. A disciplinary report (DR) is a detailed report of the facts surrounding an inmate’s rule violation and sets in motion a series of events that ensures due process. A DR is normally reserved for major rule violations; however, when an inmate frequently commits minor rule violations, a DR could be issued. Prior documented rule violations should be included in the report. You must write a disci- plinary report within 24 hours from when the incident is discovered. A DR should include the following: officer name; inmate name and number, if applicable; and place, date, and time of the discovered incident formal statement of the specific violation (the charge) a narrative that contains a detailed explanation of the events and supports the spe- cific violation statements from any known witnesses or participants a description of physical evidence and its disposition action taken signature of involved staff supervisor’s approval Chapter 6 Supervising in a Correctional Facility / 169