INMATE SUPERVISION AND BEHAVIOR CONTROL
Task #5
THREE BASIC GOALS FOR EFFECTIVE SUPERVISION OF INMATES
Retain
custody of inmates inmates
Control Care
for inmates
2
SOME REASONS THAT SUPERVISION OF JAIL INMATES CAN BE DIFFICULT
Inmates have not sought your services, and are not necessarily grateful to you; Many inmates dislike you because you are a law enforcement or corrections authority figure; Some inmates are, simply, difficult people. Inmates tend to identify with other inmates rather than with staff members, leading to an us versus them attitude.
SKILL CLUSTERS NEEDED FOR EFFECTIVE INMATE SUPERVISION
Observe inmates Communicate with inmates Follow guidelines for effective staff-inmate staffrelations Follow guidelines to avoid inappropriate fraternization with inmates and others Follow guidelines to identify inmate manipulation attempts and to avoid being manipulated Follow principles and guidelines for effective behavior control of inmates.
4
PRINCIPLES FOR EFFECTIVE INMATE SUPERVISION AND BEHAVIOR CONTROL
A
good jail climate is one in which inmates and staff members feel that there is a high degree of security and that people are relatively safe. Correctional staff members have the authority and ability to set a positive tone for what happens in the jail.
5
PRINCIPLES FOR EFFECTIVE INMATE SUPERVISION AND BEHAVIOR CONTROL
Correctional
officers have the responsibility to act as responsible adults when interacting with inmates, and in that capacity they serve as role models.
Most
inmates, treated properly, will act like normal adults.
PRINCIPLES FOR EFFECTIVE INMATE SUPERVISION AND BEHAVIOR CONTROL
Control of the jail by staff members is, at least in part, dependent on the inmates and whether they see the administration and staff as fair, humane, and reasonable. Inmates have the right to expect that there will be clear expectations for their conduct, and that the consequences to them for inappropriate conduct will be fair, just and applied consistently to everyone.
7
KEY BASIC PRINCIPLES OF CORRECTIONAL PROFESSIONAL COMMUNICATION SKILLS
Treat Show Be
everyone with dignity and respect. empathy.
a team player.
Remember
that your goal is to generate voluntary compliance.
8
KEY CONCEPTS UNDERLYING CORRECTIONAL PROFESSIONAL COMMUNICATION SKILLS
Shared Contact
responsibility officer override of verbal abuse
Deflection
Representation
9
GENERAL COMMUNICATION SKILLS IN CORRECTIONAL PROFESSIONAL COMMUNICATION SKILLS
Active Asking Making
listening and answering questions properly requests and giving orders
10
TYPES OF CONTACTS IN CORRECTIONAL PROFESSIONAL COMMUNICATION SKILLS
Basic
Contacts Resolution Contacts:
Disturbance
Mediation Arbitration Crisis Intervention Physical Intervention Debriefing
11
COMPONENTS OF JAIL STAFF S DUTY TO PROTECT INMATES
Keeping
inmates safe from jail staff members; inmates safe from other inmates; inmates safe from self-harm. self-
Keeping Keeping
12
GUIDELINES FOR TRYING TO KEEP INMATES SAFE FROM OTHER INMATES
Properly classify inmates for housing. Pay attention to information from inmates that they are, or may be, in danger from other inmates. Similarly, pay attention to information from other sources that an inmate is, or may be, in danger of assaults from other inmates.
13
GUIDELINES FOR TRYING TO KEEP INMATES SAFE FROM OTHER INMATES
Observe
inmates for indications of possible threats or risks to safety. you observe or otherwise become aware of a situation in which the safety of one or more inmates seems to be at significant risk, take appropriate action to try to keep inmates safe.
14
If
GUIDELINES FOR TRYING TO KEEP INMATES SAFE FROM OTHER INMATES
Do
not ignore inmate requests for a change in housing assignment.
If
you become aware of an assault or possible assault in-progress, take inimmediate action.
15
GUIDELINES FOR TRYING TO KEEP INMATES SAFE FROM OTHER INMATES KEY POINT:
Your duty to protect inmates also requires that you intervene if you observe another officer using force inappropriately against an inmate.
16
ELEMENTS INVOLVED IN KEEPING INMATES SAFE FROM SELF-HARM SELF Being
aware of significant factors or information that an inmate is at-risk for atselfself-harm or suicide; reasonable measures to try to keep inmates safe from self-harm. self-
Taking
17
BY OBSERVING INMATES, JAIL STAFF WILL KNOW ABOUT:
Tensions, problems, or hostilities among inmates; Indications that some inmates are harassing, exploiting, or abusing others; Indications of possible security problems; Indications of possible mental or emotional distress which an inmate is experiencing, including suicidal thinking or behavior.
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GUIDELINES FOR OBSERVATION OF INMATES
Maintain
good position. Place yourself in a good position to see and hear what is going on.
Maintain adequate distance. Face inmates squarely. Look directly at inmates.
19
GUIDELINES FOR OBSERVATION OF INMATES
Maintain
proper body posture while observing inmates.
Try to eliminate distracting behaviors or nervous habits. Incline your body slightly forward to show that your attention is focused.
20
GUIDELINES FOR OBSERVATION OF INMATES
Observe
inmates carefully.
Be quiet and unobtrusive. Be alert to the emotional climate. Be alert to group behavior and relationships among inmates. Watch for signs of tension among groups of inmates, including possible gang-related gangproblems.
21
GUIDELINES FOR OBSERVATION OF INMATES
Based
on your observations of inmates, try to decide if a situation means trouble or not. problems or concerns, based on your observation.
Document
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GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Be
a professional and take pride in your job. your job. good personal appearance and
23
Know
Maintain
hygiene.
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Treat
people the way that you want to be treated. polite. all inmates fairly and equally.
24
Be
Treat
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Recognize
individual differences in
inmates.
Put
your personal prejudices aside when supervising inmates. inmates to act like adults.
25
Expect
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Try
to be sensitive to the problems of inmates. available to listen to inmates. decisions, and be a leader.
26
Be
Make
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Never Do
bully or physically abuse inmates.
not make promises that you cannot keep or do not intend to keep. lie about inmates or inmate behavior.
27
Never
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Follow
through on orders or directions that you give to inmates. not be afraid to say no. not argue with inmates.
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Do Do
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
As
much as possible, let inmates make decisions about matters which affect them. addressing inmates, do not use profanity or vulgarity or degrading terms.
When
Be
cautious about giving advice to inmates.
29
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Be
aware that inmates will test you, and that some will try to manipulate you. enter into financial transactions with inmates. your personal life to yourself.
30
Never
Keep
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Never
talk about other staff members or inmates in front of inmates. be alert to inmate behavior.
Always In
supervising inmates, try to be neither too harsh nor too lenient.
31
GUIDELINES FOR EFFECTIVE STAFFSTAFF-INMATE RELATIONS
Don t
be afraid to seek assistance if necessary.
Identify
inmate leaders and try to gain their cooperation. yourself.
32
Be
PROBLEMS THAT CAN ARISE FROM FAILURE TO RECOGNIZE AND RESPECT BOUNDARIES BETWEEN STAFF AND INMATES
Compromises
your ability to properly supervise inmates; undue resentment by some inmates because they feel they are being treated differently than other inmates, or that you are showing favoritism to others;
33
Creates
PROBLEMS THAT CAN ARISE FROM FAILURE TO RECOGNIZE AND RESPECT BOUNDARIES BETWEEN STAFF AND INMATES
Makes
it easier for inmates to manipulate you, or succeed in certain con games , because you have played into their setsetup ; some cases, compromises jail security and/or safety of inmates and others.
34
In
GUIDELINES TO AVOID INAPPROPRIATE FRATERNIZATION
When
dealing with inmates in the jail, maintain a professional distance. Do not allow yourself to enter into personal relationships. Avoid:
Having personal contacts or being in a social or physical relationship with an inmate; Living in the same household as an inmate; Working for an inmate; Employing an inmate.
35
GUIDELINES TO AVOID INAPPROPRIATE FRATERNIZATION
Do not become involved socially in any way with inmates, in or out of the facility. Do not become involved socially in nay way with the spouses or children of inmates. Do not get involved socially with people who reside with or previously resided with inmates in the same household.
36
GUIDELINES TO AVOID INAPPROPRIATE FRATERNIZATION
Do
not get involved in prolonged discussions with inmates about issues or subjects that have nothing to do with jail operations. not accept loans, gifts, gratuities or other favors from inmates or from their family members, etc.
37
Do
GUIDELINES TO AVOID INAPPROPRIATE FRATERNIZATION
Do not become involved in any types of financial transactions or business dealings with inmates. Do not discuss your personal life with inmates. Do not discuss the personal lives of other staff members or other professionals involved in jail operations.
38
GUIDELINES TO AVOID INAPPROPRIATE FRATERNIZATION
Do
not discuss actions of any fellow employees, or talk about department business, operations, or policies or procedures. not do special favors for inmates, other than as ordered by the sheriff or the courts.
39
Do
GUIDELINES TO AVOID INAPPROPRIATE FRATERNIZATION
Do
not extend, provide or offer special consideration or treatment to an inmate.
Do
not deliver articles to inmates, or procure items to be delivered to them, or have such items or articles in your possession with the intent to deliver them to inmates. (This could be a violation of state law, under s.302.095)
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GUIDELINES TO AVOID INAPPROPRIATE FRATERNIZATION
Do
not receive anything from an inmate with the intent to take it out of the facility. (This could be a violation of state law, under s.302.095)
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SEXUAL MISCONDUCT
State
law under s.940.225 indicates that it is a second degree sexual assault (Class C felony) for a correctional officer to have sexual contact or sexual intercourse with an inmate.
Consent of the inmate to sexual contact or sexual intercourse is irrelevant. The law specifically defines sexual contact and sexual intercourse.
42
SEXUAL MISCONDUCT
Other
behaviors to avoid:
Making sexual comments or sexual innuendoes to an inmate; Suggesting having a romantic or sexual relationship with an inmate; Asking or demanding any kind of sexual favors from an inmate, whether in return for something that officer has done or under any circumstances.
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SEXUAL MISCONDUCT
Other
behaviors to avoid:
Commenting on an inmate s appearance in a sexual way, including making any inappropriate comments about an inmate s body, physical appearance, sexual preference, sexual activities, sexual history, etc.; Telling jokes or stories of a sexual nature or theme to an inmate;
44
SEXUAL MISCONDUCT
Other
behaviors to avoid:
Touching an inmate inappropriately, even if you are not touching an intimate body part e.g., touching that might be construed as being suggestive or romantic; Hugging or kissing an inmate.
45
VIOLATING FRATERNIZATION BOUNDARIES
If
an inmate violates fraternization boundaries, or if you do so, do the following:
Document the incident. Tell a supervisor.
46
INMATE MANIPULATION ATTEMPTS
Officers should know and understand the following:
Some of the basic reasons why inmates attempt to manipulate staff members; Key elements, or assumptions, about inmate manipulation attempts; How to recognize some of the more common attempts at manipulation ( con games ) and how to try to minimize or control being manipulated.
47
SOME REASONS WHY INMATES ATTEMPT TO MANIPULATE JAIL STAFF MEMBERS
To relieve boredom; To impress other inmates in some cases as a way to maintain or enhance their status among their peers; To enhance their physical comfort and/or to get items or privileges they want or need.
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SOME REASONS WHY INMATES ATTEMPT TO MANIPULATE JAIL STAFF MEMBERS
To
compromise jail security, in order to accomplish one or more of the following:
Get contraband items, Set up situations which make it possible or easier to physically or sexually assault other inmates, or to otherwise exploit others; To set up escape attempts;
49
SOME REASONS WHY INMATES ATTEMPT TO MANIPULATE JAIL STAFF MEMBERS
To
try to exert some form of personal control in a very controlled environment.
50
KEY ELEMENTS, OR ASSUMPTIONS, ABOUT INMATE MANIPULATION ATTEMPTS
Inmates
will attempt to manipulate staff members.
Inmates
pay attention to the behavior of staff members, and observe them, to try to determine which staff members may be most easily manipulated.
51
KEY ELEMENTS, OR ASSUMPTIONS, ABOUT INMATE MANIPULATION ATTEMPTS
Inmates
will use information to manipulate staff members, and will try to get you to reveal such information.
52
COMMON INMATE MANIPULATION ATTEMPTS
Hey, You re Pretty Nice. Let s be Buddies.
Inmates will be very nice to you, and complimentary. They may say they appreciate you, and may indicate they want to be your friend. Assume that they are insincere, and that their stroking is for the purpose of setting you up for a manipulation attempt.
53
COMMON INMATE MANIPULATION ATTEMPTS
Divide and Conquer or Play Officers Against Each Other
Inmates may tell you that you re better, nicer, etc., than other officers you re their favorite ; Inmates may say that other officers have been saying negative things about you; Inmates may say that other officers have given them certain privileges or made certain promises.
54
COMMON INMATE MANIPULATION ATTEMPTS
Divide and Conquer or Play Officers Against Each Other : Guidelines to Avoid Being Manipulated:
Assume inmates are insincere. Just say Thanks to compliments and no more.; If inmates say that other officers have criticized you, do not respond to them; If inmates say another officer promised them something, check it out and follow-up. follow55
COMMON INMATE MANIPULATION ATTEMPTS
Pumping for Information
Inmates try, in various ways, to get officers to give out information that the inmates want. It is best to simply not respond to them, or to say I don t know, or even to challenge inmate: Why do you want to know that? Never share with inmates personal information about yourself or other staff members.
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COMMON INMATE MANIPULATION ATTEMPTS
See the Frog Jump
Inmates try to get officers to do things for them, even little things, like getting aspirin, etc. Make clear that you will not jump at their requests, one way or another.
57
COMMON INMATE MANIPULATION ATTEMPTS
Tail Wagging the Dog
Inmate provide certain information to staff members, which they hope will result in staff taking certain actions on the basis of that information. Best response is to listen to what they say, and not ignore or discount it, but assume the possibility of ulterior motives and check out each individual situation and then take appropriate action.
58
COMMON INMATE MANIPULATION ATTEMPTS
Why? Why? Why?
Inmates ask WHY whenever they are told to do something. Sometimes their motivation is to challenge staff, or to provoke an inappropriate reaction. Use deflectors, and give reasons for your actions, within limits, but do not engage in arguments or long discussions. State your expectations and indicate consequences for non-compliance. non59
COMMON INMATE MANIPULATION ATTEMPTS
Butt Heads With the Man
Inmate directly challenges staff, usually so as to gain status with peers. Or, inmate initiates a yelling match with an officer. In some cases, backing off temporarily is appropriate. An option is to remove the inmate s audience other inmates and deal with the inmate one-to-one. one-toUse arbitration skills learned in CPCS.
60
COMMON INMATE MANIPULATION ATTEMPTS
Turn on the Charm
Inmate acts very charming with staff, usually starting with innocent compliments and progressing to seductive or provocative comments, and sometimes to touching. Proper response is to stop such behavior IMMEDIATELY. Document and tell a supervisor.
61
COMMON INMATE MANIPULATION ATTEMPTS
Gross Out
Inmate tries to get a reaction from officer by deliberately exposing body parts. Give one warning, and document that. If inmate repeats, initiate discipline. Do not buy into the inmate s behavior by reacting to the exposure in a way that the inmate wants. Do not express shock and do not make inappropriate comments.
62
COMMON INMATE MANIPULATION ATTEMPTS
You re Prejudiced
-Inmate accuses officer of being prejudiced or discriminatory based on race, sex, ethnicity, sexual preference, etc. -Do not fall into their trap. Do not argue or debate about your motivations. Use a deflector comment and expect inmate to comply with what you want done.
63
COMMON INMATE MANIPULATION ATTEMPTS
You Ain t Nothing
Inmate makes a demeaning remark designed to make you feel that they are more important than you, more significant, etc. Do not but into this. Do not take such remarks personally. Do not debate with them. If possible, either do not respond at all or use a deflector comment.
64
COMMON INMATE MANIPULATION ATTEMPTS
I Just Need a Little Favor or You Can Bend the Rules Just a Little, Can t You?
Inmates will test officers by asking officer for a small favor, often a minor violation of rules or policy. This is often a step in a set-up setattempt. Do not agree to their requests. If you do, however, communicate, debrief, and stop the situation before it goes further.
65
INMATE MANIPULATION ATTEMPTS: SUMMARY OF KEY POINTS
Be
aware of the possible motivations for some inmates to do what they do. and debrief with other staff members, both verbally and in writing.
Communicate
66
INMATE MANIPULATION ATTEMPTS: SUMMARY OF KEY POINTS
Remember
that your role is to supervise inmates, not to be their friend or therapist. the general guidelines for effective staff-inmate relations, learned earlier. staff67
Follow
INMATE MANIPULATION ATTEMPTS: SUMMARY OF KEY POINTS
Remember
that inmate con games are always a potential threat to security, order, control and the safety of everyone.
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INMATE BEHAVIOR CONTROL
TWO KEY ELEMENTS:
Positive Behavior Control: Involves praise, Control: encouragement, rewards and other positive incentives, such as availability of privileges and programs, to get inmates to comply or behave properly. Negative Behavior Control: Involves Control: undesirable consequences for unacceptable behavior, such as punishment.
69
INMATE BEHAVIOR CONTROL
KEY POINT:
The most effective behavior control program in a jail is one in which positive behavior control is emphasized to the greatest extent possible, and negative behavior control measures are used only when necessary, when other measures have not worked.
70
REVIEW: APPLICABLE CONCEPTS AND PREMISES OF GOOD INMATE SUPERVISION
Control
of the jail by staff members is, at least in part, dependent on the inmates and whether they see the administration and staff as fair, humane, and reasonable. all inmates fairly and equally.
71
Treat
REVIEW: APPLICABLE CONCEPTS AND PREMISES OF GOOD INMATE SUPERVISION
Inmates
have the right to expect that there will be clear expectations for conduct, and that the consequences to them for inappropriate conduct will be fair, just, and applied consistently to everyone. supervising inmates, try to be neither too harsh nor too lenient.
72
In
REVIEW: APPLICABLE CONCEPTS AND PREMISES OF GOOD INMATE SUPERVISION
Never
lie about inmates or inmate behavior.
73
ELEMENTS OF POSITIVE BEHAVIOR CONTROL
Praise Encouragement Appreciation
Be realistic, specific and modest with these. Do not be afraid to thank inmates for doing things properly or cooperating.
74
ADVANTAGES OF JAIL PROGRAMS AND PRIVILEGES FOR INMATES
They
provide inmates with constructive ways to use their time. improves the overall jail climate.
It It
allows staff the opportunity to restrict privileges as a form of punishment for rule violations by inmates.
75
COMMUNICATION SKILLS AS AN ELEMENT OF POSITIVE BEHAVIOR CONTROL
When
you talk to inmates politely and respectfully, you are more likely to get them to comply voluntarily. you ask questions or give directions or orders properly per techniques of Correctional Professional Communication Skills the outcome is more likely to be satisfactory.
76
When
NEGATIVE BEHAVIOR CONTROL
A
jail disciplinary system should have the following characteristics:
There are definite expectations for inmate conduct, which are contained in written rules and regulations. Certain privileges are available to inmates as long as they behave well and do not violate jail rules.
77
NEGATIVE BEHAVIOR CONTROL
A
jail disciplinary system should have the following characteristics:
Failure to follow jail rules and regulations will result in certain consequences for inmates, such as restriction of privileges or placement in disciplinary segregation, etc. Punishment when that is necessary will be administered fairly, uniformly, consistently, and quickly.
78
NEGATIVE BEHAVIOR CONTROL
A
jail disciplinary system should have the following characteristics:
There are definite limitations on punishment. (See next slides)
79
LIMITATIONS ON PUNISHMENT OF INMATES
The following should never be imposed as punishments:
Denial or limitation of food or other types of diets; Restrictions on religious practices; Denial of or restrictions on access to medical care; Denial of or restrictions on access to attorneys, courts or other officials;
80
LIMITATIONS ON PUNISHMENT OF INMATES
The following should never be imposed as punishments:
Denial of or restrictions on access to basic sanitary or hygiene requirements, such as soap, clothing, or other essential supplies; Corporal punishment; Intentional humiliation or mental abuse; Use of chemical agents (O.C., etc.); Use of electronic control devices (Taser, etc.); Use of restraints (handcuffs, shackles etc.)
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ROLE OF JAIL OFFICERS IN THE JAIL DISCIPLINARY SYSTEM
sure that inmates are aware of jail rules and regulations. Know and apply principles for discipline of inmates for minor rules violations; Know and apply principles for discipline of inmates for major rules violations; Know and apply guidelines and acceptable correctional practices for effective discipline of inmates.
Be
82
INFORMING INMATES OF JAIL RULES
DOC 350.15(1) requires that:
Every jail is to have written rules for inmate behavior; At admission, inmates are to be notified verbally of the existence of the rules and potential disciplinary actions for rules violations; Each inmate is to provided with a copy of the rules OR the rules are to be posted in conspicuous places in the jail.
83
WHY IT IS IMPORTANT TO PROPERLY INFORM INMATES OF JAIL RULES
On
a common-sense basis, inmates need commonto know the expectations for their behavior so that they can follow the rules.
On
a legal basis, informing inmates of the basis, rules is important in ensuring their due process rights in disciplinary proceedings, under the 14th Amendment.
84
DUE PROCESS RIGHTS
14th amendment guarantees right to due process before government deprives citizens of certain liberties ; In a jail setting, this means that basic procedural steps must be followed as a form of fairness before depriving inmates of certain things as punishment. (Includes loss of good time, placement in disciplinary segregation, etc.)
85
DOC 350.15 REQUIREMENTS ON DISCIPLINE
DOC
350.15 distinguishes between minor and major rules violations by inmates. These are distinguished by:
The types of penalties, or punishments, which may be imposed for a rule violation; The procedures which must minimally be followed before any such punishment may be administered, to ensure due process
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DOC 350.15 REQUIREMENTS ON DISCIPLINE
POSSIBLE PENALTIES FOR MINOR RULES VIOLATIONS:
A verbal or written reprimand Restriction of privileges for 24 hours or less Placement in punitive segregation for 24 hours or less
87
DOC 350.15 REQUIREMENTS ON DISCIPLINE
POSSIBLE PENALTIES FOR MAJOR RULES VIOLATIONS: Restriction of privileges for 24 hours or more Placement in punitive segregation for 24 hours or more Loss of any good time and/or loss of any Huber or work release privileges
88
DOC 350.15 REQUIREMENTS ON DISCIPLINE
PROCEDURAL REQUIREMENTS BEFORE PUNISHING AN INMATE FOR A MINOR RULES VIOLATION:
1. Inform inmate of the rule he has apparently violated, and of the penalty you are contemplating and procedures for implementing that penalty; 2. Give inmate opportunity to explain his behavior; 3. Impose the penalty for a minor rules violation if, after listening to inmate, you feel that doing so is appropriate.
89
DOC 350.15 REQUIREMENTS ON DISCIPLINE
PROCEDURAL REQUIREMENTS BEFORE PUNISHING AN INMATE FOR A MINOR RULES VIOLATION:
After following three steps listed for a minor rules violation, officer must then notify a supervisor of the incident and the penalty administered. Supervisor may then:
Determine that officer s handling of incident was appropriate; Determine that the incident should be handled as a major rules violation rather than a minor rules violation; Determine that there was no violation and the charges should be dismissed.
90
DOC 350.15 REQUIREMENTS ON DISCIPLINE
OTHER PROCEDURAL REQUIREMENTS FOR HANDLING A MINOR RULES VIOLATION:
Inmate has a right to appeal the supervisor s decision in regard to the incident. Information on the incident must be documented, both in jail log and in the inmate s file. Documentation must minimally address: Information about the incident itself; The penalty administered; and Supervisor s decision on the incident. (NOTE: If supervisor dismisses charges, information to be purged from inmate s file.)
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GENERAL GUIDELINES FOR DISCIPLINE OF INMATES FOR MINOR RULES VIOLATIONS
Get
all the facts when an apparent violation has occurred. discipline when angry.
Don t Use
warnings or reprimands or counseling, rather than punishment, whenever possible.
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GENERAL GUIDELINES FOR DISCIPLINE OF INMATES FOR MINOR RULES VIOLATIONS
If
you warn an inmate about a particular behavior and advise him or her to stop that behavior, if the inmate stops that behavior do not then write him or her up for that behavior. not threaten punishment.
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Do
GENERAL GUIDELINES FOR DISCIPLINE OF INMATES FOR MINOR RULES VIOLATIONS
If
punishment is necessary, make the punishment fit the offense.
When
punishing inmates, be fair, impartial and consistent. lie about an inmate having committed a rules violation.
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Never
DOC 350.15 REQUIREMENTS ON DISCIPLINE
REVIEW: Possible Penalties For Major Rules Violations: Major
Restriction of privileges for 24 hours or more Placement in punitive segregation for 24 hours or more Loss of any good time and/or loss of any Huber or work release privileges
95
DOC 350.15 REQUIREMENTS ON DISCIPLINE
PROCEDURE FOR HANDLING A MAJOR RULES VIOLATION:
Officer is not authorized to impose a punishment for a major rules violation. Officer writes a report on the incident, to include specified information (see next slide).
96
DOC 350.15 REQUIREMENTS ON DISCIPLINE
INFORMATION TO BE DOCUMENTED IN AN OFFICER S REPORT ON AN APPARENT MAJOR RULES VIOLATION:
Formal statement of the charges, including specific rule or rules violated; Detailed description of the facts concerning the incident (including date and time); Any unusual inmate behavior; Staff and inmate witnesses; Disposition of any physical evidence; Any immediate action taken, including use of force; Officer s signature, and date and time of report.
97
WHY A DISCIPLINARY INCIDENT REPORT IS IMPORTANT
It serves as your justification of events which took place, and is your formal means of articulating your justification of actions taken in response to an incident; It allows members of administration to better understand and analyze events that occurred; If formal disciplinary measures are taken, your report serves as the basis for determining inmate s guilt or innocence, as well as any appropriate disciplinary measures.
98
SUPERVISOR S OPTIONS UPON RECEIVING REPORT ON MAJOR RULES VIOLATION
Do nothing, because incident was insignificant; Direct officer to handle the incident as a minor rules violation; Give inmate option of waiving right to hearing, and then imposing an appropriate punishment; Follow procedures for provision of due process for a major rules violation.
99
PLACEMENT OF INMATES IN ADMINISTRATIVE SEGREGATION PENDING DISPOSITION OF INCIDENT DOC 350.13 authorizes placement of inmates in administrative confinement (non(non-punitive segregation) for allowed reasons, including that the inmate s continued presence in general population:
Presents a substantial risk of physical harm to self, another person, or property; or Threatens the security or order of the jail; or Inhibits a pending disciplinary investigation.
100
PLACEMENT OF INMATES IN ADMINISTRATIVE SEGREGATION PENDING DISPOSITION OF INCIDENT KEY POINT:
Per provisions of DOC 350.13, an inmate or inmates who were involved in an apparent major rules violation incident may be placed in administrative confinement, if appropriate, before the disciplinary hearing for such inmate or inmates takes place.
101
PROCEDURES FOR PLACEMENT OF INMATE IN ADMINISTRATIVE SEGREGATION, PER DOC 350.13
1.
Officer is to notify supervisor of incident that may require administrative confinement of an inmate. Supervisor then makes the decision. However, if a supervisor is not available, officer is authorized to make the placement of inmate, and supervisor is then to review that decision within 24 hours.
102
PROCEDURES FOR PLACEMENT OF INMATE IN ADMINISTRATIVE SEGREGATION, PER DOC 350.13
2.
Supervisor is to periodically review inmate s progress in administrative confinement, and determine when inmate can safely be removed and returned to general population. There is to be documentation in jail log and inmate s file about the placement of inmate in administrative confinement, including information as to reason and length of the confinement.
103
3.
ADMINISTRATIVE CONFINEMENT: LENGTHS OF TIME OF CONFINEMENT
There are no limits on the length of time that an inmate may be kept in administrative confinement. The expectation, however, is that an inmate will be released from administrative confinement as soon as the reason for the placement has passed that is, when inmate no longer presents a threat to the safety, security and order of the jail (DOC 350.13[4]).
104
DOC 350.15 REQUIREMENTS ON DISCIPLINE
DOC 350.15(3) specifies requirements for due process when an inmate has been charged with committing a major rules violation:
1. Inmate must be notified of the charges against him and of the right to a hearing, within 24 in advance of the hearing; Due process hearing is to be held, unless inmate waives his right to such hearing, in which case an appropriate punishment may be imposed. If inmate does not waive right to a hearing, the hearing is to be held. Specific requirements apply to the hearing .
105
2.
3.
DOC 350.15 REQUIREMENTS ON DISCIPLINE
DOC 350.15(3) specifies requirements for due process when an inmate has been charged with committing a major rules violation:
4. Following the hearing, inmate is to receive a written decision, including indication of any punishment to be imposed; Inmate is to be notified of right to appeal hearing decision, and of procedure for doing so; Must be documentation of the proceeding, to be entered into jail log and inmate s file.
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5.
6.
AGENCY POLICIES ON INMATE DISCIPLINE
It
is important to know the specific policies and procedures of your jail in regard to all aspects of discipline of inmates and administrative confinement. agency s policies and procedures may be more stringent than the requirements of DOC 350, but cannot be less stringent than DOC 350.
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Any
DISCIPLINE OF JUVENILES
The required minimum state standards regarding discipline of juveniles in secure detention are different than the standards for discipline of adult inmates. The state minimum standards for discipline of juveniles are specified in DOC 346. (See text on SUPERVISION OF JUVENILES) JUVENILES)
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CHARGING INMATES WITH CRIMINAL CONDUCT
Charging inmates criminally, when appropriate, is another form of negative behavior control. There are a number of state criminal statutes that inmates can be charged with for behavior in jail. (see next slide) In writing a report on an incident that may be a criminal violation, be sure to include specific information on the elements of a criminal statute.
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CHARGING INMATES WITH CRIMINAL CONDUCT
SOME CRIMINAL STATUTES THAT MIGHT APPLY TO BEHAVIOR BY INMATES:
s.302.995 s.940.20 s.941.21 s.941.325 s.943.01 s.943.017 s.943.03 s.943.20 Delivering Articles to Inmates Battery: Special Circumstances Disarming a Peace Officer Placing Foreign Objects in Edibles Criminal Damage to Property Graffiti Arson of Property Other Than Building Theft
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CHARGING INMATES WITH CRIMINAL CONDUCT
SOME CRIMINAL STATUTES THAT MIGHT APPLY TO BEHAVIOR BY INMATES:
s.944.20 s.946.41 s.946.42 s.946.425 s.946.43 s.946.49 s.947.01 s.947.012 Lewd and Lascivious Behavior Resisting or Obstructing an Officer Escape Failure to Report to Jail Assault by Prisoners Bail Jumping Disorderly Conduct Unlawful Use of a Telephone
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INMATE BEHAVIOR CONTROL: SUMMARY OF KEY POINTS
An overall program for effective inmate behavior control consists of both positive and negative behavior control measures. The goals of a behavior control program are to generate voluntary compliance by inmates whenever possible, and to teach inmates that their behavior has consequences, for better or worse.
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INMATE BEHAVIOR CONTROL: SUMMARY OF KEY POINTS
Positive behavior control measures should be tried whenever possible, and should be used to the maximum extent possible. Negative behavior control measures should be used only when necessary, and as sparingly as possible. When punishment of inmates for rule violations is used, it must be administered fairly, consistently, equally and as quickly as possible.
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INMATE BEHAVIOR CONTROL: SUMMARY OF KEY POINTS
Punishment of adult inmates must be administered in accordance with state requirements under DOC 350.15, which differentiates between minor and major rules violations and specifies different procedures for each category of violation. The purpose of these required procedures is to ensure that inmates receive appropriate due process before they are deprived of essential liberties.
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INMATE BEHAVIOR CONTROL: SUMMARY OF KEY POINTS
Procedures for discipline of juveniles in secure detention are specified in a different section of Administrative Code: DOC 346. In addition to the minimum Code requirements, you must know and follow the specific policies and procedures of your jail on discipline and administrative segregation of inmates.
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THE END
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