NCJ Number
73226
Journal
Columbia Human Rights Law Review Volume: 9 Issue: 2 and V 10, N 1, double issue Dated: (Fall-Winter 1977-78, Spring-Summer 1978) Pages: 313-332
Date Published
1978
Length
20 pages
Annotation
This article for New York prison inmates examines two different types of State prison disciplinary proceedings and delineates rights at disciplinary proceedings guaranteed prisoners by the Supreme Court.
Abstract
All New York prisons must publish and provide prisoners with copies of rules of behavior before an inmate may be disciplined for infractions. In addition, prisons may not punish inmates for breaking illegal rules nor levy illegal punishments, such as suspending rights guaranteed by law or New York prison regulations. New York holds two types of disciplinary proceedings: superintendent proceedings for more serious infractions, and adjustment committee proceedings for less serious problems. In Wolff v. McDonell, the U.S. Supreme Court established rights of prisoners at disciplinary hearings, which are applied in New York to superintendent proceedings. These rights include the right to 24 hours' notice before a hearing, to counsel, to a copy of the hearing decision, to an impartial observer at the hearing, to immunity, and a limited right to call and crossexamine witnesses. In New York, adjustment committee hearings only give inmates the right to written notice and the opportunity to appear at the proceeding. Superintendent hearings also differ from adjustment committee hearings in that they may levy greater punishments and use different procedures. Further discussion of the adjustment committee hearing covers procedures for bringing issues before it, possible punishments, and appeals. Footnotes are included.