Corrections
"Mother of all punishments"
Corrections entails...
Incarceration, Probation, Parole
Corrections levels of security: Lvl
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Transitional Centers
Corrections levels of security: Lvl II
County Facilities
Corrections levels of security: Lvl III/IV
Medium Security
Corrections levels of security: Lvl V
Close (inmates w/ management problems)
Corrections levels of security: Lvl IV
Maximum Security
Probation
"Incarceration Light"
Probation officers assist with:
(1) Prepare sentences, (2) orders of probation conduct pre-sentence investigations, (3)Record checks, (4) Assist local law enforcement agencies.
Parole definition:
Parole is the discretionary decision made by the State Board of Pardons and Paroles to release an offender from confinement after he or she has served an appropriate portion of a prison sentence.
Youth Offenders
18 years old and younger
Four Divisions in DOC
Facilities, Administration and Finance, Health Services, Inmate Services.
Facilities Division
Offender/Administration Unit, Fire/Life Safety Unit, Transportation Unit, Tier Management, Special Operations, Planning & Analysis Unit. MOST IMPORTANT DIVISION.
Administration and Finances Division
Human Resources, Admin Support, Risk Management, Financial Services, Budget Services, Business Support
Health Services Division
Training and Education, Physical and Mental Health services, Offender recreation, Dental
Inmate Services Division
Education Unit, Risk Reduction Unit, Transitional Services Unit, Chaplaincy Unit.
Types of Facilities
State, County, and Private
Security Levels
Maximum, Close, Medium
Prison Alternatives
Detention centers, Transitional Centers
Liability
A legally enforceable obligation or responsibility.
Criminal Liability
When a person commits an act that is forbidden by law, that person is liable to punishment by that law resulting in imporisionment, fines or both.
Civil Liability
When a person violates another person's civil/private rights, that person is liable to punishment by civil law. (Punishment is usually in the form of monetary compensation.)
Rights
Those things guaranteed by the consitution or departmental rules and regulations. Rights must never be violated.
Privileges
Are those things granted as a particular benefit, advantage, or favor. Privileges should be earned and the institution may take them away under certain circumstances. (i.e. phone calls, visitation, store calls.)
Staff Responsibilities
Medical treatment, safety, sanitation, Use of force, Due process, Freedom of Speech, Press, and Religion, Search and Seizure, Drug Testing, Information.
Confidential information can be sent or recieved from an inmates':
Lawyer, Doctor, Clergy Person, Mental Health Professional.
Confidential Information Definition:
Communcations which concern the inmates Criminal History
Criminal History Records Information:
Criminal fingerprint cards, Final Disposition, "Rap Sheets," Terminal responses from local sources, other states, or national CHRI files, Identifiable descriptions and notation of arrest, Criminal charges, dispositions & sentences.
For a Tort case the inmate has to prove:
Simple Negligence, Gross or Wanton Negligene, Intentional Wrong.
Section 1983 Case states the inmate must prove:
The staff member deprived the prisoneer of a U.S. Const right,privilege, or immunity, and the staff member acted under the "Color of Law" (misuse of authority).
Good Faith:
No intent to harm; absence of malice
Reasonable Conduct:
Behavior that is acceptable
Justification
The act can be justified according to laws, rules, regulations, and training.
Demeanor
Ones outward behavior, conduct or deportment.
Credibility
Ones testimony is worthy of confidence or is believable.
First Amendment
Freedom of religion, speech, press, right to assemble peaceably.
Fourth Amendment
unreasonable arrest, unreasonable search and seizure.
Fifth Amendment
Right of a grand jury indictment for capital or otherwise infamous crime, right against double jeopardy, right against self-incrimination, prohibition against taking of life, liberty, or property w/o due process, right against taking of private property for public use w/o just compensation.
Sixth amendment
Speedy and public trial, impartial jury, informed of the nature and cause of the accusation against him, right to have compulsory process for obtaining witnesses in his favor, right to have assistance of counsel.
Eight Amendment
Prohibition against excessive bail, right to equal protection.
Fourteenth Amendment
Right to due process, right to equal protection of the laws.
Right to privacy:
Extrapolated from 1st, 4th, 5th, 6th, and 14th amendments.
Discipline
control gained by enforcing obedience or order; or a "state of order based on submission to rules and authority."
Disciplinary System
A system designed to correct or punish breaches of discipline.
Disciplinary Sanctions
Penalties or punishment for violations or noncompliance of those rules.
Disciplinary Isolation
lose certain privileges, not rights.
Administrative Segregation
retain all privileges as other offenders with the exception of free movement.
Who must a DR be written by?
The individual who witnessed the event.
When should a DR be completed by?
Within 24 hours of the discovery of the infraction.
1st Step to a DR:
(1) Offender commits violation, (2)Staff Member observes/Has reason to believe offender committed violation
2nd Step to a DR:
(1) DR is given to shift supervisor, upon approval reporting officer delivers DR to offender w/in 24 hrs.
3rd Step to a DR:
Disciplinary hearing will take place w/ Disciplinary investigator, staff advocate, and accusing officer present.
4th Step to a DR:
The offender has fifteen days to appeal the charge to the warden.
5th Step to a DR:
The offender has fifteen days to appeal the Wardens decision to Director of the office of personal standards.
D.R. Investigator
Appointed by the Warden. Ensures a thorough finding of the facts. Primarily responsible for advising the prisoner of their rights. [Show Less]