Snyder Cnty. C.P. Local Rules 9

Inmates designated as being eligible to participate in a formal reentry program shall be

considered parole eligible in accordance with the provisions set forth under 61 Pa.C.S.A.

4505(c) referenced Recidivism Risk Reduction Incentive (RRRI)-minimum sentence.

The RRRI minimum sentence shall be equal to 3/4th of the minimum sentence imposed.

For purposes of these calculations, partial days shall be rounded to the nearest whole day.

APPENDIX A Inmates designated by the Court as being eligible for formal reentry shall be expected to

follow all rules and regulations imposed by the Warden of the Union County Jail or his designee, all

rules and conditions imposed by the Union County Probation Department, and all directives from

treatment or program providers. Furthermore, the inmate shall comply with all conditions ordered by the

sentencing authority.

All allegations of misconduct shall be reported and documented in accordance with the Union

County Prison-Inmate Disciplinary Procedures Policy. (Appendix B) Acts of misconduct which

potentially could impact on an inmate's eligibility for formal reentry shall be reviewed jointly by

Union County Prison staff and the Chief Probation Officer as set forth in Appendix B. Inmates

found to be in noncompliance shall be sanctioned using an assignment of points with an

accumulation of 5 points or more disqualifying an inmate from formal reentry eligibility

(Appendix C). An added penalty for accruing 5 or more points shall be that the inmate will be

ineligible for parole for one additional week beyond his or her minimum sentence for each

accrued point. For purposes of calculation, the minimum sentence shall be the term imposed by

the sentencing authority, not the RRRI minimum.

APPENDIX B Policy: INMATE DISCIPLINARY PROCEDURES

Policy Number: 95.240

Attachments:

1 CLASS I CHARGES

2 CLASS II CHARGES

3 CLASS II CHARGES

4 MISCONDUCT & DISPOSITION FORMS

Date of Issue: 2-Apr-10

Revision Date: 4-Sep-12

Reviewed Annually: See annual review page

I. Policy

It is the policy of the Union County Prison to operate a disciplinary process that

provides clear notice of prohibited behavior, outlines a fundamentally fair hearing

process, and establishes consistent sanctions for violations of Prison rules and

regulations. It is also the policy of the Prison that information concerning an

inmate's criminal acts shall be forwarded to appropriate court or law enforcement

officials for consideration for prosecution.

II. Procedures

Every inmate under the jurisdiction of the Prison is expected to follow Prison

rules and regulations. In the event that an inmate violates Prison rules and

regulations, the violation shall be reported and disposed of either by an informal

or formal resolution process. The informal resolution process shall be used for

those violations that are considered less serious in nature, while the formal

resolution process shall be used for violations of a more serious nature.

Attachment A provides a list of misconduct that may result in the commencement

of disciplinary procedures. Only Class II and Class III charges are subject to

informal resolution by the Lieutenant and Prison Supervisor. Class I charges must

be disposed of formally by the Lieutenant and Prison Supervisor.

A. Misconduct Reports.

1 Every misconduct is to be reported on a Misconduct Report. An inmate charged

with any of the listed misconduct will receive a copy of the report.

2 The Misconduct Report is used to give notice to the inmate of the misconduct

with which he/she has been charged and to report the facts upon which the

charges are based. The Report will be used as evidence against the inmate during

the misconduct hearing or the informal resolution meeting.

3 The Misconduct Report shall be written by either the charging staff member or

contract personnel who has personal knowledge of the misconduct or by a staff

member at the direction of a person who has personal knowledge of the

misconduct.

4 The Misconduct Report will be written and submitted to the Lieutenant, Prison

Supervisor or OIC before the tour of duty concludes on the same day/shift that the

charging staff member or contract personnel have knowledge of the violation. If

not, the Report must include a justification for the delay.

5 The Misconduct Report shall be investigated as required, reviewed and

approved by the Lieutenant or Prison Supervisor prior to service of the

Misconduct Report on the inmate. The Lieutenant or Prison Supervisor, as an

alternative to approving the Misconduct Report, may refer the matter for informal

resolution under this Policy.

6 The Lieutenant will enter all pertinent information regarding the misconduct

into the Department misconduct tracking system.

B. Service of Misconduct Report.

1 The inmate shall be personally served with the Misconduct Report the

same day the report is written. If the Misconduct Report is not served the

same day the report is written, the Lieutenant or Prison Supervisor must

determine why the Report was not served and supply justification.

2 Someone other than the charging staff member will serve the

Misconduct Report.

3 The staff member who serves the Misconduct Report shall record the

date and time of service on the Misconduct Report immediately prior to

giving the inmate a copy of the Misconduct Report.

C. Informal Resolution of Misconduct.

1 The misconduct charge(s) eligible for informal resolution are:

a.all Class II charges and;

b.all Class III charges

2 The Lieutenant and Prison Supervisor will review all eligible

Misconduct Reports for informal resolution. The staff member

issuing the misconduct may recommend informal resolution for

eligible charges, but the Lieutenant and Prison Supervisor, who

will base his/her choice on the relative seriousness of the

misconduct and the inmate's previous misconduct history, shall

make the decision. The Lieutenant and Prison Supervisor must

justify the reason why an eligible charge was not referred for

informal resolution under the immediate action section of the

Misconduct Report. All misconducts selected for informal

resolution will be logged.

3 The Lieutenant and Prison Supervisor will meet with the inmate

for disposition of the misconduct charge(s) within seven working

days. The reporting staff member is encouraged, but not required,

to attend the meeting. No assistance or witnesses are permitted at

these meetings. The inmate will be permitted to give his/her

version of the events at the meeting.

4 At the conclusion of the meeting, the Lieutenant and Prison

Supervisor shall take one of the following actions and note the

action taken on a General Report form:

a.no action

b.reprimand and warning;

c.up to seven days cell restriction

d.up to seven days loss of specified privileges (telephone,

yard,

dayroom, etc.);

e.one week loss of commissary;

f.assignment of additional work duties for which the inmate

shall not

be compensated; or

g.assess restitution for damaged or destroyed property of

Union County

or another inmate, provided that the inmate agrees to

make restitution.

If the inmate refuses to agree to make restitution, the

matter shall be

referred back to the Lieutenant and Prison Supervisor for

formal

resolution.

5 When the Lieutenant and Prison Supervisor assess restitution for

damaged or destroyed property of Union County or another

inmate, 50% thereof can be taken from the current balance of the

inmate's inmate account and 50% thereof in subsequent months

until the debt is satisfied. However, funds shall not be deducted

from the inmate account until such time as an appeal or the time

for an appeal has passed.

6 The copy of the form designated for the inmate is given to

him/her at the conclusion of the meeting. All other copies of the

form are to be disseminated as indicated on the form.

7 The inmate may appeal the action taken at the meeting to the

Warden, but only in those cases where the inmate believes that the

action is disproportionate to the misconduct. The inmate has seven

days to appeal.

D. Misconduct Hearing.

1A misconduct hearing shall be held for all Class I

misconduct charges and as provided in Section II.C. of this

Policy.

2 The Lieutenant and Prison Supervisor shall conduct the

misconduct hearing.

3 The misconduct hearing shall be scheduled no less than

24 hours or no more than seven working days, excluding

weekends and County holidays, after service of the

Misconduct Report.

4 The inmate shall be informed of the time of the hearing

24 hours in advance of the scheduled misconduct hearing.

5 The inmate will be present during the misconduct

hearing, unless the inmate waives that right in writing or

refuses to attend.

6 If the charged inmate becomes disruptive at the hearing

or refuses to follow the instructions given by the Lieutenant

or Prison Supervisor, he/she will be removed and the

hearing conducted without the inmate being present.

7. Inmate Assistance.

a. In cases when it is apparent that an inmate is not

capable of

collecting and presenting evidence effectively on

his/her own behalf,

assistance shall be permitted. The criterion for

capability is the

inability of the inmate to understand the English

language or the

inability to read or understand the misconduct

charge(s) and/or the

evidence.

b. The Lieutenant and Prison Supervisor will

approve/disapprove

requests for an inmate to have assistance at the

hearing.

c. If approved by the Lieutenant and Prison

Supervisor, the inmate

shall be permitted assistance at the hearing from

any staff member or

any inmate in the same population status.

d. The inmate shall be permitted to meet with the

assistant for an

appropriate period of time before the hearing.

8 At the hearing, the misconduct charge(s) shall be read to the

inmate. The Lieutenant or Prison Supervisor shall request the

inmate's plea to each individual charge.

9Inmate Version. The inmate may submit his/her version in

writing or may orally present his/her version that shall be

summarized as part of the hearing record.

10Witnesses.

a. The inmate may request to have up to three witnesses or

a written

statement from witnesses for the hearing.

b. All witnesses shall be approved by the Lieutenant and

Prison

Supervisor.

c. The Lieutenant and Prison Supervisor may approve the

presence of a

staff member or witness only if the staff member or

witness has

knowledge of the incident, is present on facility grounds,

and only if

the testimony is needed to establish the guilt or innocence

of the

inmate.

d. Up to three relevant witnesses, who have been properly

requested and

approved, may be permitted. One of the three witnesses

may be the

staff member who witnessed the misconduct violation or

the charging

staff member.

e. If an inmate witness or assistant becomes disruptive at

the hearing

or refuses to follow the instructions given by the

Lieutenant or Prison

Supervisor, he/she shall be removed and the hearing

conducted without

the witness or assistant being present.

f. The Lieutenant or Prison Supervisor may question any

witness. The

charged inmate shall be permitted a reasonable

opportunity to pose

relevant questions to any adverse witness. The Lieutenant

and Prison

Supervisor shall control the extent of questioning.

g. The Lieutenant and Prison Supervisor shall make

determinations of

credibility of a witness.

h. All testimony shall be under oath.

i. If the inmate elects to plead guilty or waive his/her right

to a

hearing, no witnesses shall be required.

11Designee. In the event the Lieutenant or Prison

Supervisor is involved in the misconduct directly,

the Warden will assign another staff member to

replace the Lieutenant or Prison Supervisor at the

hearing.

12 Any discipline shall be recorded and made part of the inmate's

permanent record.

13 At the conclusion of the hearing, the Lieutenant and Prison

Supervisor shall impose punishment as follows:

a. Loss of privileges, being those actions described in

Section II.C.4

of this Policy; or

b. Segregation

14 Conditions in Segregation shall be as follows, except if safety

or security is a concern:

a. The cell will be clean, well-lighted, heated, ventilated

and

sanitary;

b. The cell shall be furnished with a mattress, bedding and

toilet

facilities;

c. Except in special circumstances, as for example a

suspected suicide

threat, the inmate shall wear prison issued clothing;

d. Three meals per day shall be provided, identical with the

meals

provided to the remainder of the jail population;

e.A bathing and shaving schedule shall be

maintained, including the

minimum twice weekly opportunities;

f. Toilet tissue and drinking water shall be provided;

g. The inmate shall have an opportunity to exercise;

h. The regular review of segregation shall be practiced,

provided that

the time interval shall not exceed five (5) days;

i. The segregation unit shall be adequately supervised;

j. Writing privileges shall not be denied to inmates in

segregation;

k. The chaplain shall be permitted to visit regularly; and

l. The medical staff shall visit all inmates in segregation on

his/her

regularly scheduled visit to the prison.

m. When an inmate in disciplinary status and is deprived

of any usual

authorized items or activity a report of action is made to

the prison

administrator.

n. Inmates in disciplinary status are given the same meals

served to

the general population.

15 Corporal punishment, punishment by placing in a dark cell, and

all cruel, inhumane or degrading punishments shall be completely

prohibited.

APPENDIX C Class 1 Misconduct Charges. Assignment of five points and immediate disqualification

from formal reentry eligibility--

1. Commission of any act which results in the filing of felony or misdemeanor criminal charges.

2. Failure to return to the Union County Prison following an authorized release for purposes of

employment or programming.

3. Inmate determined to be at a location other than that which was authorized as a condition of

partial confinement.

4. Engaging in sexual acts with others or sodomy.

5. Assault against correctional staff.

6. Refusing to work or attend mandatory programs or encouraging others to do the same.

7. Possession of contraband including but not limited to tobacco, drug paraphernalia, any illicit

or mind altering substance, alcohol, weapons or other items, which in the hands of an inmate,

present a threat to the inmate, others, or to the security of the facility.

Class 2 Misconduct Charges. Assignment of two points--

1. Tattooing or other forms of self-mutilation.

2. Possessing tattooing instruments or materials.

3. Gambling or conducting a gambling operation or possessing gambling paraphernalia.

4. Extortion or blackmail.

5. Possessing or circulating a petition which is a document signed by two or more

person's requesting or demanding that something happen or not happen without the

authorization of the Warden.

6. Using abusive, obscene, or inappropriate language toward correctional or probation

staff.

7. Violating the Union County Prison visitation regulations and/or policies.

8. Unauthorized use of mail or telephone including use of cell phone.

9. Refusing to obey an order from correctional or probation staff.