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DISCIPLINARY SANCTIONS AND PUNISHMENT of INMATES

Examples of disciplinary punishment include: physical punishment, punitive segregation, losing visitation privileges, restricting visitation privileges, monetary restitution, water deprivation, reducing shower privileges and extending sentences.

Courts give deference to prison officials decisions about disciplinary punishment. Punishments that fulfill legitimate penological interests (e.g., rehabilitation and crime prevention) are generally upheld. The Supreme Court has provided four factors to decide whether prison regulations violate the Constitution.1

These factors are: (1) whether the regulation has a "valid, rational connection" to a legitimate governmental interest; (2) whether alternative means are open to inmates to exercise the asserted right; (3) what impact an accommodation of the right would have on guards and inmates and prison resources; and (4) whether there are "ready alternatives" to the regulation.2 The rules regarding conduct must be clearly defined and explained to inmates, and each prisoner must be provided with a written list of the rules when entering a correctional facility. Disciplinary rules must relate to the needs of security, good order, and good housekeeping. A prisoner accused of breaking rules does not have all the rights of an accused at trial because a prison disciplinary proceeding is not the same as a criminal prosecution. Inmates are not entitled to an attorney at disciplinary hearings, nor are they entitled to confront or cross-examine the witnesses against them.

Prisoners must be given notice of the charges against them, the particular rules they are charged with violating, and the penalties for such infractions. A hearing can be informal for small infractions. The ordinary procedure is for the fact finder to write a statement that explains the evidence relied on and the reason for any disciplinary action taken. The punishment must reasonably relate to the seriousness of the infraction. Prison personnel can use force in SELF-DEFENSE, stopping fights between inmates, compelling obedience to lawful orders where milder measures fail, and defending state property. Where guards use force without justification, a prisoner does not necessarily have the right to resist. The use of tear gas and chemical mace is justified only when an immediate danger of riot or serious disorder exists. Prison officials may punish prisoners by withdrawing certain privileges, such as seeing visitors, buying items from the commissary, or earning wages. Prisoners cannot be denied fundamental human necessities. Segregation is the most common type of punishment used in prisons for rule breaking. Prisoners can be categorized into groups and segregated from the general inmate population for a number of other reasons as well. Each prison has its own system and titles for different degrees of segregation. Separate areas may be set aside for young prisoners, repeat offenders, or prisoners who have been sentenced to death. Homosexuals and other prisoners who have or may be subjected to SEXUAL ABUSE can be segregated. Segregation cannot be used, however, to separate prisoners according to race. A number of prisons have more than one level of segregation, the most serious of which is solitary confinement. Punitive isolation is not unconstitutional in and of itself. Conditions in some prisons, however, have been found to be so strict that they constitute cruel and unusual punishment. A person in solitary confinement can be punished by the restriction of ordinary privileges, but a prisoner cannot be denied basic food, light, ventilation, or sanitation.

SHARON JOY PALACIOS-ALOLOD

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