Legal (week 2) Flashcards
What is state law of South Carolina section 24 1-280
States employees of SCDC while performing their duties relating to the custody ,control , transportation, and recapture of inmates are within jurisdiction.
What are the 6 reasons SCDC adopts standards/policy
- prevents lawsuit
- basis for defense against lawsuit
- to settle lawsuits
- comply with court orders
- to agree with law
- evaluate correctional programs
What are the two reasons it is illegal to have sex with inmates
- It is a felony for a person with statutory responsibility over inmates to engage in sexual intercourse
- inmates are wards of the state so they can not legally consent
What are the 4 consequences of having sex with inmates?
- felony
- prison up to 10 years
- required to register to central registry
- terminated from SCDC and reported to criminal justice academy /labor licensing
What is the code of laws South Carolina 24-13-30 (use of force)
A person officially charged with safekeeping inmates may use necessary force to maintain internal order to prevent escape of an inmate in his custody
What role do federal courts play with the use of chemical agents in facilities
Federal courts closely scrutinize the use of chemical agents in correctional facilities
How long do you have to submit a 19-29a form(incident report) for level 1&2 disciplinary offenses
24 hours
What do you do when an inmate commits a level 3,4 or 5 disciplinary offense?
Supervisor on duty may use conflict resolution skills to resolve the problem
When can a supervisor take more than 24 hours to review a level 1&2 incident report
If it is approved by the warden or associate warden
Who will level 1 and 2 offenses be heard by?
They will be heard by the hearing officer only (DHO)
What 3 main rights do inmates get at SCDC from due process rights during disciplinary process (court case while Wolff 1974)
- while Wolff (1974) requires 24 hour notice but SCDC requires 48 hour notice for inmates before their hearing of their charges
- inmate is allowed to call witnesses and present evidence (including employees)
- Wolff’s (1974) requires inmate be given evidence relied upon . (On form 19-69)
What are the three responsibilities of employee during disciplinary hearings
- present all relevant information
- write good incident reports
- the hearings are recorded
What are the 6 steps of appeal for inmates to their disciplinary hearings?
1•Step one grievance(warden decision) 2•Step two grievance (responsible official decision) 3•administrative law court review 4•South Carolina court of appeals 5•South Carolina Supreme Court 6•United States Supreme Court
What is the “courts test of reasonableness” as it relates to a constitutional challenge by an inmate
“Turner v Safley “ court case states a right is something that is due to a person by law or tradition
When can the prison not give an inmate rights he would usually receive by law?
It is valid to do so if it is reasonably related to a legitimate penological interest
