Tenth Test Flashcards
Definition of a Right
A power, interest, or demand inherent in one person or established by law for protection and benefit of a person
A right may not lawfully be suspended under normal conditions without ________.
Due process of law
Rights an Inmate possesses
Constitutional Right
Statutory Right
Regulatory Right
Case Law
Policy and Procedures
Constitutional Rights
Given by the constitution it though amendments
Statutory Rights
Given though passing of laws by legislatures
Regulatory Rights
Given by regulatory agencies both state and federal
Case Law
Rights given or restored to the individual by the courts
Hebeas Corpus
Purpose is to test the legality of the persons detention or imprisonment
1st Amendment
Free exercise of religion
5th amendment
Protect form double jeopardy, self incrimination, and from being deprived of life and liberty without due process
6th amendment
-Right to be informed of the accusation, to counsel, public trial, speedy trial and to trail by a jury of peers
8th amendment
The right to bail
Protection form cruel and unusual punishment
14th amendment
-Equal protection of the law
-No discrimination in treatment or favor on basis other than individual merit
-No segregation because or race, color, creed
Same statutory rights may be detained though_________.
Disciplinary process
CCP 1.04
Due course of Law
Definition of Privilege
A particular benefit enjoyed by a person beyond the common advantage of other citizens
A __________ may be suspended but only in accordance with agency’s approved disciplinary plan.
Privilege
Example of common Privileges
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
Purpose of Grievances
Administrative means to resolve conflict, system to handle inmate complaints
Grievance procedures exist to allow_____________
Intervention and the resolution of inmate complaints at the earliest opportunity
The majority of inmate complaints can be resolved by an _______
Individual staff
Sheriff shall appoint a grievance board composed of individuals ______________ who shall make ______________
Staff/civilians.
Impartial and objective determination based upon the evidence prevented
How are inmates informed of Grievance process
Orientation
Inmate handbook
Facility rules and regulations
4 valid grievances reasons
Violation of civil right
Criminal act
Unjust denial or restriction of inmates privileges
A prohibited act by jail staff
Grievances will be processed in a _____________ manner, especially if the possibility of ___________
Expeditious / personal injury or other problem exist
An interim response shall be completed within
15 days
A final response shall be completed within
60 day
________an inmate for initiation grievances will be tolerated
Reprisal against
Inmates not satisfied with the decision may ___________
Appeal the findings
Release of information is governed by __________
Department policy and relevant law
Inmates will acknowledge receipt of facility rules and regulations with their _______
Signature or mark
Forms of Disciplinary prohibited by TCJS 283.1.4
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
Violent cells should not be used for
Disciplinary purposes
Minor infractions definition
Violation of rules and regulations that do not present a serious offenses against person, don’t pose serious threat to institutional order and safety
Examples of Minor infractions
Refusing to clean cell
Being noisy
Refusing to work
Being insolent if disrespectful
Sanctions for minor infractions shall be limited to
-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
Major infractions definition
Violations of rules and regulations that constitute serious offenses again a person and property and lose a serious threat to institutional order and safety
Sanctions for major infractions may include
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
Methods of documenting inmates disciplinary behaviors
Informant and formal methods
Informal methods
( verbal conflict)
Acts if a minor nature not require formal documentation may include verbal counseling
Formal Method
(Becoming a Jail issue)
Repetitive minor acts of a disciplinary nature it incidents of serious misconduct will be documented in official reporting forms
Filling formal charges
Administrative charges
Criminal charges
Administrative proceedings are not part of
Criminal prosecution
Disciplinary board should
Make an objective determination of the fact based upon preponderances of the evidence
Provisions shall be made for a disciplinary hearing before a _________________ or officer wish shall not include anyone involved in the ___________
Neutral and impartial/ claimed violations or charged
Provisions shall be made at least __________ written notice to be given to the inmate of the claimed violations or charges against him/her
24 hours
