NCJ Number
18768
Date Published
1974
Length
82 pages
Annotation
IN WOLFF, THE 1974 SUPREME COURT HELD THAT FOURTEENTH AMENDMENT DUE PROCESS PROTECTIONS APPLIED TO PRISONERS FACING A LOSS OF GOOD TIME OR PUNITIVE CONFINEMENT AS A RESULT OF INSTITUTIONAL DISCIPLINARY PROCEEDINGS.
Abstract
THE FOLLOWING ELEMENTS OF PROCEDURAL DUE PROCESS WERE HELD TO APPLY: 24-HOUR ADVANCE WRITTEN NOTICE OF CHARGES; WRITTEN STATEMENT OF THE EVIDENCE RELIED UPON IN AND THE REASONS FOR THE DISCIPLINARY ACTION; AND THE INMATE'S RIGHT TO CALL WITNESSES AND TO PRESENT DOCUMENTARY EVIDENCE IN HIS DEFENSE. THIS REPORT PRESENTS THE FINDINGS OF A STATE-BY-STATE SURVEY OF INSTITUTIONAL PROCEDURAL PRACTICES AS THEY RELATE TO INMATE DISCIPLINARY HEARINGS. TWENTY-ONE SPECIFIC ELEMENTS OF POSSIBLE PROCEDURAL DUE PROCESS WERE INVESTIGATED, INCLUDING THOSE SPECIFIED IN WOLFF. NARRATIVE DISCUSSIONS ON THE EXISTENCE OR NON-EXISTENCE OF THESE PROCEDURES COVER EACH OF THE 21. THE APPENDIX CONTAINS A STATE-BYSTATE LIST OF AVAILABLE CORRECTIONS DEPARTMENT MATERIALS ON THIS SUBJECT, A BIBLIOGRAPHY OF ARTICLES DEALING WITH PRISON DISCIPLINARY ADMINISTRATION, THE TEXT OF THE WOLFF, DECISION, AND AN ANALYSIS OF THE EFFECT OF WOLFF ON PRISON DISCIPLINARY PRACTICES AND PROCEDURES. (SURVEY FINDINGS WERE BASED ON THE FILES OF THE AMERICAN BAR ASSOCIATION RESOURCE CENTER ON CORRECTIONAL LAW AND LEGAL SERVICES, THE NEW JERSEY SUPREME COURT FILES, LAW JOURNAL ARTICLES, AND THE PRISON DISCIPLINARY PRACTICES FILES OF CALIFORNIA SUPREME COURT JUSTICE MATTHEW D. TOBRINER.)