PRISONER TRANSFERS AND DUE PROCESS

• NCJ Number: 31228
• Author(s): A W TURNER
• Date Published: 1975
• Length: 25 pages
• Corporate Author: National Assoc of Attorneys General
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF FEDERAL COURT DECISIONS DEALING WITH THE CONSTITUTIONALITY OF INTER-INSTITUTIONAL TRANSFERS OF ADULTS.

Abstract

CONSIDERED ARE ARGUMENTS FOR AND AGAINST DUE PROCESS APPLICABILITY IN CASES INVOLVING A CHANGE IN SECURITY STATUS, AS WELL AS THOSE INVOLVING NO CHANGE IN STATUS. A DISTINCTION BETWEEN PUNITIVE AND ADMINISTRATIVE TRANSFERS IS ALSO DRAWN. IN ADDITION, THE PROCEDURAL SAFEGUARDS REQUIRED AFTER A COURT HAS DETERMINED THAT THE DUE PROCESS CLAUSE APPLIES TO A PARTICULAR SET OF FACTS ARE ANALYZED. THE POSSIBLE EXPANSION OF THESE DUE PROCESS REQUIREMENTS TO THE AREAS OF TRANSFER REQUESTS, THE RIGHT OF TRANSFER, AND INMATE CLASSIFICATIONS IS NOTED.