Tenth Test Flashcards

1
Q

Definition of a Right

A

A power, interest, or demand inherent in one person or established by law for protection and benefit of a person

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2
Q

A right may not lawfully be suspended under normal conditions without ________.

A

Due process of law

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3
Q

Rights an Inmate possesses

A

Constitutional Right
Statutory Right
Regulatory Right
Case Law
Policy and Procedures

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4
Q

Constitutional Rights

A

Given by the constitution it though amendments

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5
Q

Statutory Rights

A

Given though passing of laws by legislatures

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6
Q

Regulatory Rights

A

Given by regulatory agencies both state and federal

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7
Q

Case Law

A

Rights given or restored to the individual by the courts

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8
Q

Hebeas Corpus

A

Purpose is to test the legality of the persons detention or imprisonment

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9
Q

1st Amendment

A

Free exercise of religion

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10
Q

5th amendment

A

Protect form double jeopardy, self incrimination, and from being deprived of life and liberty without due process

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11
Q

6th amendment

A

-Right to be informed of the accusation, to counsel, public trial, speedy trial and to trail by a jury of peers

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12
Q

8th amendment

A

The right to bail
Protection form cruel and unusual punishment

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13
Q

14th amendment

A

-Equal protection of the law
-No discrimination in treatment or favor on basis other than individual merit
-No segregation because or race, color, creed

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14
Q

Same statutory rights may be detained though_________.

A

Disciplinary process

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15
Q

CCP 1.04

A

Due course of Law

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16
Q

Definition of Privilege

A

A particular benefit enjoyed by a person beyond the common advantage of other citizens

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17
Q

A __________ may be suspended but only in accordance with agency’s approved disciplinary plan.

A

Privilege

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18
Q

Example of common Privileges

A

Library Services (TCJS 287.4)
Telephone use (TCJS 291.1)
Commissary (TCJS291.3)
Visitation (TCJS 291.4)
Religious services (TCJS 291.5)
Education (TCJS 287.1)
Right to vote

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19
Q

Purpose of Grievances

A

Administrative means to resolve conflict, system to handle inmate complaints

20
Q

Grievance procedures exist to allow_____________

A

Intervention and the resolution of inmate complaints at the earliest opportunity

21
Q

The majority of inmate complaints can be resolved by an _______

A

Individual staff

22
Q

Sheriff shall appoint a grievance board composed of individuals ______________ who shall make ______________

A

Staff/civilians.
Impartial and objective determination based upon the evidence prevented

23
Q

How are inmates informed of Grievance process

A

Orientation
Inmate handbook
Facility rules and regulations

24
Q

4 valid grievances reasons

A

Violation of civil right
Criminal act
Unjust denial or restriction of inmates privileges
A prohibited act by jail staff

25
Q

Grievances will be processed in a _____________ manner, especially if the possibility of ___________

A

Expeditious / personal injury or other problem exist

26
Q

An interim response shall be completed within

A

15 days

27
Q

A final response shall be completed within

A

60 day

28
Q

________an inmate for initiation grievances will be tolerated

A

Reprisal against

29
Q

Inmates not satisfied with the decision may ___________

A

Appeal the findings

30
Q

Release of information is governed by __________

A

Department policy and relevant law

31
Q

Inmates will acknowledge receipt of facility rules and regulations with their _______

A

Signature or mark

32
Q

Forms of Disciplinary prohibited by TCJS 283.1.4

A

Depriving if clothing or bedding except that inmate who destroy bedding and clothing may be deprived of such items. Shall be reviewed and documented every 24 hours

33
Q

Violent cells should not be used for

A

Disciplinary purposes

34
Q

Minor infractions definition

A

Violation of rules and regulations that do not present a serious offenses against person, don’t pose serious threat to institutional order and safety

35
Q

Examples of Minor infractions

A

Refusing to clean cell
Being noisy
Refusing to work
Being insolent if disrespectful

36
Q

Sanctions for minor infractions shall be limited to

A

-Counseling
-podular direct supervision facilities, temporary restriction to cells for periods not to exceed 24 hours
-Loss of privileges no more than 15 days
-Disciplinary separation for a period not to exceed 15 days

37
Q

Major infractions definition

A

Violations of rules and regulations that constitute serious offenses again a person and property and lose a serious threat to institutional order and safety

38
Q

Sanctions for major infractions may include

A

Lost of privileges for a period not to exceed 30 days
Removal form work details or programs
Disciplinary separation for a period not to exceed 30 days

39
Q

Methods of documenting inmates disciplinary behaviors

A

Informant and formal methods

40
Q

Informal methods

A

( verbal conflict)
Acts if a minor nature not require formal documentation may include verbal counseling

41
Q

Formal Method

A

(Becoming a Jail issue)
Repetitive minor acts of a disciplinary nature it incidents of serious misconduct will be documented in official reporting forms

42
Q

Filling formal charges

A

Administrative charges
Criminal charges

43
Q

Administrative proceedings are not part of

A

Criminal prosecution

44
Q

Disciplinary board should

A

Make an objective determination of the fact based upon preponderances of the evidence

45
Q

Provisions shall be made for a disciplinary hearing before a _________________ or officer wish shall not include anyone involved in the ___________

A

Neutral and impartial/ claimed violations or charged

46
Q

Provisions shall be made at least __________ written notice to be given to the inmate of the claimed violations or charges against him/her

A

24 hours