During our tenth class on The Architecture of Incarceration, I lectured on the inmate disciplinary code. I created a PowerPoint to guide my presentation and a link to the PowerPoint follows:

Week 10 PowerPoint Slides

As always, I relied upon my experience with the federal prison system to help our students understand the disciplinary code. As I’m sure the students recall, our nation operates 52 different prison systems, including one for the federal system, one for the Washington DC system, and one for each of the 50 different state systems. Each of the 52 different prison systems in the United States operates its own disciplinary code. They all resemble the federal system in their rigidity and objectivity.

In other words, the disciplinary codes spell out each offense. Administrators publish the codes in accordance with the following structure:

• The code ranks prohibited acts in accordance with severity
• The federal code uses a series of four different gradations, including prohibited acts of the greatest-severity category, high-severity category, moderate-severity category, and low-severity category.
• Administrators follow strict procedures when charging an inmate with a prohibitive act.
• Inmates who are found guilty of violating the disciplinary code proceed through specific channels.
• When the procedures lead to the finding of guilt, staff members impose sanctions that from a table of clearly defined options.
• Prisoners are placed in different categories (VCCLEA and PLRA, in accordance with their type of offense and the date of their conviction. Those categories influence the manner in which sanctions are imposed.)

When staff members find inmates guilty of committing disciplinary infractions, the inmates face a variety of penalties, depending upon the severity of their infractions. Those sanctions include:

• Loss of good time
• Monetary fines
• Loss of privileges
• Change of classification status
• Extra duty
• Loss of access to family through visits or telephone or correspondence

Staff members who charge an inmate with a disciplinary infraction adhere to the following procedures:

• A staff member writes the disciplinary infraction within 24 hours of becoming aware of the rule violation.
• A lieutenant will review the infraction and enter the charge into database.
• The lieutenant will begin an investigation by summoning the inmate to listen to his story.
• The inmate has an opportunity to present his version of events and any evidence that may advance his defense.
• The lieutenant will make a finding of either quashing the infraction or advancing the process by pursuing one of two options.
• Depending on individual circumstances of infraction, Lieutenant may refer the infraction to Unit Discipline Committee (UDC) or to the Disciplinary Hearing Officer (DHO)
• Either the UDC or the DHO will impose the sanction
• Inmate may appeal through administrative remedy, which we’ll discuss in a later class.

Different staff members that include unit managers, case managers, and counselors make up the Unit Disciplinary Committee. Together they review lower-level disciplinary infractions. The UDC team may find the inmate guilty, find the inmate not guilty, or refer the charges to the DHO for further processing.

The DHO is a single judge-like character, trained in the matter of presiding over disciplinary proceedings. The DHO follows specific procedures when evaluating the merits of the disciplinary infraction. The steps follow:

• Advise the inmates of his rights with a Miranda reading
• Consider the charge and the supporting evidence
• Makes a decision based on the greater weight of the evidence
• Imposes a sanction
• Explains the reason for imposing the sanction

Following my lecture to explain the disciplinary code and process, I asked the students to separate into five separate groups. Then I presented them with a scenario and asked them to respond as if they were correctional officer. Through that exercise, I wanted the students to spot the ways they would use the disciplinary code to preserve security of the institution. The various scenarios follow:

Scenario 1:

• Chapter two of Earning Freedom tells the story of Buck (page 70). To refresh your memory, he arrived at the penitentiary and found himself the target of an extortion attempt. Buck responded violently. He smashed two other prisoners in the face with a mop ringer. The two prisoners required medical attention. The violence took place inside of a closed cell.
  • You were a correctional officer on duty. Two prisoners walked toward you. You knew them as Jim and Steve. Both Jim and Steve were covered with blood, bleeding profusely with open wounds on their face and head. When you stopped the men to ask what happened, they both told you that they fell. Please explain the procedures that would follow.
    • What staff members would be involved?
    • What procedures would take place?
    • How would you use the incident report?
    • Consider and discuss implications for the following people in the prison community:
      • Warden (chief executive officer of prison)
      • Captain (head of security)
      • SIS (Special investigative services)
      • Lieutenant (investigator)
      • Correctional Officer in Charge (OIC)
      • UDC (Unit Disciplinary Committee)
      • DHO (Disciplinary Hearing Officer)
      • Jim
      • Steve
      • Buck
      • Others in prison housing unit
      • Others in prison community

 

Scenario 2:

• Chapter two of Earning Freedom told the story of Brett. To refresh your memory, Brett was a jailhouse lawyer who suggested that I retain legal counsel to bring some relief to my sentence. In exchange for $500, Brett told me that he would guide me through my legal complications. I used the telephone to ask my sister to send Brett’s family $500.
  • You were the correctional officer on duty in the telephone room. Through the telephone monitoring system, you heard me instruct my sister to send $500 to another person. The recipient of the money had the same last name as Brett, with whom you were familiar as a jailhouse lawyer. Describe your next steps as a correctional officer.
    • What staff members would be involved?
    • What procedures would take place?
    • How would you use the incident report?
      • How would the VCCLEA or PLRA influence this event?
  • Consider and discuss implications for the following people in the prison community:
    • Warden (chief executive officer of prison)
    • Captain (head of security)
    • SIS (Special investigative services)
    • Lieutenant (investigator)
    • Correctional Officer in Charge (OIC)
    • UDC (Unit Disciplinary Committee)
    • DHO (Disciplinary Hearing Officer)
    • Brett
    • Me
    • Others in prison community

 

Scenario 3:

• Chapter two of Earning Freedom (page 102) described the situation between Mr. Chandler and me. To refresh your memory, Ohio University mailed a package of books to me at the institution. I did not have authorization to receive the books.
  • You worked in the prison’s mailroom and you were the first staff member who handled the package. Describe your concerns and the course of action that would follow.
    • What staff members would be involved?
    • What procedures would take place?
    • How would you use the incident report?
      • How would the VCCLEA or PLRA influence this event?
  • Consider and discuss implications for the following people in the prison community:
    • Warden (chief executive officer of prison)
    • Captain (head of security)
    • SIS (Special investigative services)
    • Lieutenant (investigator)
    • Correctional Officer in Charge (OIC)
    • UDC (Unit Disciplinary Committee)
    • DHO (Disciplinary Hearing Officer)
    • Mr. Chandler, Supervisor of Education
    • Me
    • Others in prison community

 

Scenario 4:

• Chapter three of Earning Freedom (page 106) described my walk from the library to the office where I was applying for a job in the business office of the penitentiary’s factory. Like all prisoners, I had to pass through a metal detector that separated the library from the business office. Bill was one of the prisoners who stood in front of me. You were the officer manning the metal detector. You noticed lights flash and a beep when Bill passed through. Per policy, you asked Bill to strip. He removed his clothing as instructed, but you did not find any metal. Bill insisted on being able to move forward after the search did not reveal any metal or contraband. Describe the steps that followed.
  • What staff members would be involved?
  • What procedures would take place?
  • How will you use the incident report?
  • Consider and discuss implications for the following people in the prison community:
    • Warden (chief executive officer of prison)
    • Captain (head of security)
    • SIS (Special investigative services)
    • Lieutenant (investigator)
    • Correctional Officer in Charge (OIC)
    • UDC (Unit Disciplinary Committee)
    • DHO (Disciplinary Hearing Officer)
    • Other personnel of prison system
    • Inmate population

 

Scenario 5:

• Chapter four of Earning Freedom (page 126) described my living situation inside the penitentiary. Authorities assigned me to share a cell with Windward, a man who was convicted in 1997. He cut a hole into his mattress to hide a sharpened metal shank that he manufactured out of a metal bedspring. You were the officer in charge. During a routine shakedown, you discovered the shank. A further search of the cell revealed 10 oranges, four apples, a bag of bread, and a box of sugar. Describe your concerns and the course of action that followed.
  • What staff members would be involved?
  • What procedures would take place?
  • How would you use the incident report?
  • Consider and discuss implications for the following people in the prison community:
    • Warden (chief executive officer of prison)
    • Captain (head of security)
    • SIS (Special investigative services)
    • Lieutenant (investigator)
    • Correctional Officer in Charge (OIC)
    • UDC (Unit Disciplinary Committee)
    • DHO (Disciplinary Hearing Officer)
    • Any other officials.
    • Windward
    • Me
    • Others in prison community

 

Scenario 6:

• Chapter four of Earning Freedom (page 140) described a visit I had with my mentor. When he asked where I ate, I told him that I ate at work and I explained that I bartered with other prisoners who provided me with food. You were the correctional officer in charge. As I walked through one of the doors that separated my housing unit from the main corridor of the penitentiary, you randomly selected me for a pat search. You discovered a wrapped sandwich that I was carrying in an inside pocket of my jacket. When you asked me where I got the sandwich, I told you that I found it. Describe your concerns and the course of action that followed.
  • What staff members would be involved?
  • What procedures would take place?
  • How would you use the incident report?
  • Consider and discuss implications for the following people in the prison community:
    • Warden (chief executive officer of prison)
    • Captain (head of security)
    • SIS (Special investigative services)
    • Lieutenant (investigator)
    • Correctional Officer in Charge (OIC)
    • UDC (Unit Disciplinary Committee)
    • DHO (Disciplinary Hearing Officer)
    • Any other officials.
    • Me
    • Others in prison community

 

Scenario 7:

• Chapter four of Earning Freedom described my initial adjustment inside the penitentiary. I’m working in a business office and advancing my way through school. You are the DHO. One of your confidential informants passes you a tip. He tells you that I am using government equipment to complete my schoolwork and that my staff supervisor is authorizing it. Describe your concerns and the course of action that followed.
  • What staff members would be involved?
  • What procedures would take place?
  • How would you use the incident report?
  • Consider and discuss implications for the following people in the prison community:
    • Warden (chief executive officer of prison)
    • Captain (head of security)
    • SIS (Special investigative services)
    • Lieutenant (investigator)
    • Correctional Officer in Charge (OIC)
    • UDC (Unit Disciplinary Committee)
    • DHO (Disciplinary Hearing Officer)
    • Any other officials.
    • Me
    • Others in prison community