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HomeMy WebLinkAbout318.02.01.001 (ISCC FM) Disciplinary Procedures. Offender _____________________ This document was approved by Randy Blades, Warden of ISCC on 07/01/2014 Purpose The purpose of this field memorandum is to provide specific guidelines that are unique to this facility in order to fully implement standard operating procedure318.02.01.001. General Statement This field memorandum is subject to revision at the discretion of the warden of this facility, chief of the Operations Division (or designee), or director of the Idaho Department of Correction. Any one of these persons may revise, suspend, or rescind any procedural steps, at any time, at hissole discretion. TABLE OF CONTENTSDefinitions11. Writing a DOR12. Reviewing a DOR—Reviewing Supervisor23. Mental Health Considerations—Program Staff24. Serving the DOR35. Disciplinary Hearing—DHO36. Infraction Hearing47. Reviewing DORs and Infractions—Review Authority48. Restrictions59. Records Staff510. Appellate Authority5References5 DEFINITIONS Reviewing supervisor is the first shift shift commander. Review authority is the administrative support manager. Appellate authority is the warden for DORs and the administrative support manager for infractions. Disciplinary coordinator is the Division of Prisons program coordinator. Infraction Hearing Officer is the unit sergeant, corporal, or treatment staff. WRITING A DOR Refer to sections 7-10 of SOP 318.02.01.001 When an offender commits an offense, at the level of a DOR, staff will: Use DOR form located on the U drive\Forms\DOR folder to document offense. Include staff ID # in reporting field. Save the document to the staff’s H drive. Email the document as an attachment to a group email entitled ISCC DOR. Document the behavior as a C-Note in CIS; do not reference the DOR. If pictures of evidence are needed, staff will: Contact the shift commander to dispatch an R & E officer with a digital camera. R & E will take pictures and return the camera to central control. Central control staff will download the pictures to the U drive\Pictures and email them as attachments to the staff writing the DOR. Staff writing the DOR will: Open the email. Click on Forward. Enter ISCC DOR in the Send To field. Click on Attachment and attach the previously saved DOR. Enter DOR, Offender Number, Offender Name in the Subject field. Example: DOR 38869 Draine The email should now have attachments of the DOR and the pictures; click send. REVIEWING A DOR—REVIEWING SUPERVISOR Refer to sections 7-10 of SOP 318.02.01.001 The reviewing supervisor at ISCC is the first shift, shift commander. Staff will email all DORs to the ISCC DOR mailbox. The shift commander will: Review the DOR within 24 hours; ensure it describes evidence, observations, details, and the correct offense code. If there are pictures of evidence ensure they are attached. If corrections to the DOR are needed, contact the staff who wrote the DOR and provide feedback on the corrections; request they resubmit the corrected DOR if necessary. Print two copies. Save an electronic copy of the DOR to U:\DORS\DOR Unheard, for the DHO. Check CIS offender search for mental health status; if mental health is highlighted in red, print an extra copy and deliver to deputy warden of operations mailbox outside his door. If the offender is on suicide watch, do not serve the DOR. Note that information on the copy being delivered to the deputy warden of operations. If the serving staff return with a DOR not served because the offender is on watch, note it on the DOR and place it in the deputy warden of operations mailbox outside his door. Have the offender served the DOR. Place the signed DOR in the DHO mailbox in the shift commander’s office. MENTAL HEALTH CONSIDERATIONS—PROGRAM STAFF Refer to section 27 of SOP 318.02.01.001 Within 24 hours of being notified by the deputy warden of operations or designee, alert the primary clinician to assess the offender and complete the Mental Health DOR Recommendation form. This form is Attachment F of SOP 318.02.01.001 Disciplinary Procedures: Offender, and is located on E-doc, Policy, Forms. The clinician will: Complete the Mental Health DOR Recommendation form within 24 hours; cut/paste details from DOR into the Offense Description field on the form. Make a recommendation (refer to section 27 of SOP 318.02.01.001 Disciplinary Procedures: Offender). Forward the completed form to U:\DORS\DOR Mental Health Recommendation. Timely response to these requests is crucial for the offender to receive due process and to be in compliance with the seven (7) calendar days from the time the DOR was served to the offender. The deputy warden of operations or designee will monitor the offenders who are on suicide watch and could not be served their DOR. When removed from watch, deliver the copy of the DOR to the shift commander so it can be served in a timely manner. SERVING THE DOR Staff will serve the DOR to the offender and he will sign both copies. Serve the DOR only, no attachments or evidence. The offender may view that at his hearing. Ask if he needs witness statements or staff hearing assistant forms; if so, ensure he gets them. Leave the copy with the offender, return the original to the shift commander’s office and place it in the DOR box. Do not serve the DOR if the offender is on suicide watch. Make a note of his status on the offender’s copy, return it and the original to the shift commander. If the offender is on close observation, the shift commander will contact a clinician to determine if serving the DOR is appropriate; if not, the shift commander will wait until he hears from mental health staff that it is appropriate to serve the DOR to the offender. DISCIPLINARY HEARING—DHO Refer to sections 11-18 of SOP 318.02.01.001 The DHO will check the e-mailbox and the folder U:\DORs\DOR Unheard on a daily basis, Monday through Friday, excluding holidays. The DHO will schedule a hearing with the offender within seven (7) calendar days of the DOR served date. The DHO will: Check the U:\DORS\DOR Mental Health Recommendation for Mental Health Considerations and review prior to hearing Retrieve the electronic version of the DOR and cut and paste the content into the CIS DOR. If there is no electronic version of the DOR, the DHO will contact the first shift, shift commander requesting one. If he is unable to obtain the electronic copy, he will type the DOR exactly, word for word, as it is seen on the hard copy that was served to the offender. Schedule a hearing with the offender (unless he is on suicide watch); notify him if the hearing will be extended beyond the seven day period as described in SOP 318.02.01.001. If the hearing is extended, document it in the CIS DOR screen under comments/details. Hold a hearing with the offender and either Confirm or Dismiss the DOR. Submit all DORs and any attachments to the Reviewing Authority. If the DOR is for escape, choose hearing location as central office in CIS and notify the department disciplinary coordinator. Maintain audio recording files. INFRACTION HEARING Refer to sections 5-7 of SOP 318.02.01.001 Any staff may issue a warning or an infraction report to an offender committing an infraction. The infraction report is submitted to the unit sergeant. Unit sergeants or assigned corporals will serve as the infraction hearing officer (IHO) at ISCC. In their absence, the case manager will serve as IHO. The IHO will: Ensure the offense code is accurate for the behavior. Hear the infraction as soon as possible within seven working days. Forward the results of the hearing to the group email ISCC INFRACTIONS. Document restrictions in CIS Discipline, Offender Restriction report screen. Document information, behavioral interventions and/or sanctions in CIS C-Notes as corrective action. Document completion of interventions in CIS C-Notes as corrective action. If the offender fails to complete sanctions, a DOR may be written. If restitution is requested and the offender does not voluntarily pay, refer to DHO. REVIEWING DORS AND INFRACTIONS—REVIEW AUTHORITY Refer to sections 5 and 20 SOP 318.02.01.001 The review authority for ISCC is the administrative support manager. The review authority is responsible for quality assurance for infraction and disciplinary processes. The review authority will: Review all DORs and affirm, modify, or dismiss them in CIS within three (3) work days Notify Records staff of dismissed DORs so that any related RHOs (Restrictive Housing Orders) are purged from the offender’s central file. Destroy originals. If the DOR class is A or B, notify a classification staff (case manager) so the need for reclassification can be determined. Periodically listen to recordings of disciplinary hearings. Submit final copy to Records attached to the original. Ensure evidence and mental health recommendations are attached as necessary. Send a copy of the final DOR to the offender. If restitution is ordered, send a copy of the restitution order to the accounting office with a copy of the DOR. Periodically monitor infraction hearings. Ensure infraction hearing results are consistent, follow policy, and are documented in CIS as corrective action. RESTRICTIONS Unit staff should run a Restriction Report at least once a week and hold offenders accountable for their restrictions and sanctions. The report is in CIS, Discipline tab, Restrictions Report. Commissary restriction at this facility means they are only able to order stamps, hygiene items and phone time. The commissary sheet will need to be inspected by staff to ensure no other items were ordered. Chapel restriction must be approved by the warden or one of the deputy wardens. RECORDS STAFF Refer to sections 19, 21, 22 of SOP 318.02.01.001 File the original DOR and all attachments in the offender’s central file. Contact the Parole Commission as required. File DOR appeal in the offender’s central file. If DOR is dismissed, purge any related RHOs. If DOR is dismissed on appeal, contact Parole Commission, if necessary APPELLATE AUTHORITY Refer to sections 5 and 22 of SOP 318.02.01.001 The warden is the appellate authority for DORs and the administrative support manager is the appellate authority for infractions. Offenders will place appeals (Appendix I, SOP 318.02.01.001) in the locked grievance boxes in the units and staff will deliver to warden’s office on a daily basis. The process is: Ensure the appeal meets the timeline: within 15 days of the date the review authority affirmed the DOR. Refer infraction appeals to the review authority (administrative support manager). Contact the DHO if more information is needed. The DHO must respond within three days. Respond to the appeal within 15 days. Enter the appeal in the CIS (discipline/disciplinary offense report details/appeals information) and choose the Affirm, Dismiss, or Modify option. When completed, print 2 copies from CIS,send one to the offender and deliver the other to Records for filing in the central file. If dismissed (there may not be a copy), notify Records. Infraction Appeals The review authority will: Review the offender section of the Disciplinary Appeal Form for infractions. Document the appeal decision in CIS C-Notes as corrective action. Send a memo to the offender with the appeal decision. REFERENCE SOP 318.02.01.001 Disciplinary Procedures: Offender – End of Document –