NCJ Number
134102
Date Published
1991
Length
60 pages
Annotation
This manual outlines the fundamental Federal constitutional requirements for inmate disciplinary hearings and then demonstrates how these requirements are implemented to produce hearing results that are safe from legal challenge.
Abstract
The manual does not discuss requirements of local rules or the unique requirements that a particular jurisdiction must meet because of State law or State court decisions. The introduction notes the risk of liability posed by legally flawed disciplinary procedures. It advises that liability can be avoided by having a set of understandable disciplinary hearing rules based in constitutional requirements, by training staff involved in the hearing process, and by supervising the hearing process so as to detect and remedy procedural errors. The introduction is followed by a discussion of the source and purpose of due process of law. The discussion advises that the goal of due process in any context is to enhance the fairness and accuracy of the governmental decisionmaking process. Under the Constitution, due process of law is required only if the decision bears upon the potential deprivation of an individual's life, liberty, or property. In the prison setting, the interests of the government tend to be greater than in other settings; hence, due process protections are less than might exist in other arenas. The next chapter examines how the U.S. Supreme Court has applied the constitutional right of due process to the prison disciplinary process followed by a chapter on the role of the hearing officer. Subsequent chapters detail aspects of the hearing process: notice, witnesses, confidential-informant testimony, assistance for inmates, mentally ill inmates, written decisions, burden of proof, records, and appeals. Hearing officer checklist and a subject index