NCJ Number
114139
Journal
Federal Probation Volume: 52 Issue: 3 Dated: (September 1988) Pages: 27-31
Date Published
1988
Length
5 pages
Annotation
The Texas Department of Corrections has developed an inmate discipline program, guided by staff attorneys and sophisticated due process requirements, that is able to meet demands of inmates, interest groups, and the courts, while still maintaining control.
Abstract
Derived from concepts set forth in the U.S. Supreme Court decisions of Wolff vs. McDonnell and Ruiz vs. Estelle, the Counsel Substitute Program offers assistance to all inmates requesting assistance in the disciplinary process. The program originally was staffed by correctional officers, but sufficient weaknesses were identified by monitors to result in program modifications. The modified program uses noncorrectional, civilian staff members, independent of direct unit control. Substitute counsels (SC's) screen each case for proper format and charge, ensure that factual information is complete, have charges reduced or rewritten where appropriate, and inform inmates of charges and their rights. SC's also provide followup investigation of information provided by inmates, conduct interviews, and gather other relevant information. SC's prepare reports on their findings, confer with inmates about defense strategies and pleas, and act as spokespersons and advocates for the inmate during the hearing. Finally, SC's also assist inmates in filing appeals. With stringent procedural safeguards and under the watchful eye of the Special Master, the program is pioneering standards for inmate advocacy. 21 footnotes.