MONDAY, JANUARY 26, 2009

Disciplinary Matters From Federal Prison--Part 2

Following the receipt of a shot, administrators are supposed to schedule the inmate for a Unit Disciplinary Committee Hearing (UDC) within 72 hours. UDC is equivalent to the initial stage of a court proceeding and counselors only provide hearings if the infraction is a 300 or 400 series shot. Administrators may also dispense sanctions for low and moderate infractions. Sanctions include loss of commissary, loss of telephone, and removal from a two man cubicle.

At the UDC hearing, the administrators will hear the inmate's story, then make a finding of guilty or not guilty. Unfortunately, inmates involved in a UDC meeting are denied the same level of due process that exists in the "real world". Inmates may not cross-examine their accusers; they have no discovery rights; and the staff member's word is worth more than the word of the inmate. Inmates should resign themselves to the fact that if they get a shot, they most likely will be found guilty. However, they can appeal the shot through an administrative remedy, which I'll discuss tomorrow.

Disciplinary Matters From Federal Prison--Part 2 are worth paying attention to, as are the others.

Justin Paperny

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