Disciplinary Hearing Appeal

Lara · #1 08-19-2002, 03:59 PM

My partner is currently in federal prison right now, and I have a question regarding disciplinary sanctions and appeals.

He is currently at Taft Correctional Insitution (a Wackenhut-run federal prison). Back in June, he was given a shot for 'Threatening an Officer'. After about 15 days in the SHU (better known as the hole), he went to his hearing, and there they dropped the charge down to 'Insolence', but gave him 15 more days in the hole, and took away his phone priviledges for *six* months. I live a 15-hour drive away and work full-time. The phone was our major method of maintaining our relationship.

He talked to other inmates, and most confirmed what he suspected: NO ONE gets six months loss of phone priviledges just for 'insolence.' Most people he spoke to mentioned a few days in the hole and extra work as typical punishment. He said that loss of the phone is usually reserved for people who *abuse* their phone priviledges.

He filed an appeal to the BOP regional office in June, and has not heard back on it yet. He says no one will speak to him about it, either. He doesn't even know if his appeal made it out of Wackenhut's hands! This week, I got a letter from him with all his appeal info in it, and called the BOP Western Regional Office to inquire on the status of his appeal, and they gave me the complete run-around, transferring me back and forth, and even 'accidentally' disconnecting me a few times. I eventually gave up, frustrated and disgusted.

My questions:

* Does anyone know anything about the usual punishments for 'Insolence' in a federal prison, or know what would usually warrant six months' phone restriction?

* Does anyone have any suggestions for how to deal with the BOP regarding his appeal?

* How long do BOP appeals usually take? Does the BOP have a time-limit to respond?

Thanks for your time...

38special · #2 08-20-2002, 01:42 AM

Ms. Lara,
I know nothing of the charge insolence nor know the meaning of the term. I do know, by the time the appeal is answered, he will be out of the hole. Also, phone restriction is almost impossible at enforcing. I knew a prisoner once that had another prisoner call for him while he sat and answered all the questions and comments. Sorry about the mishap of your partner. I hope, he gets some relief soon.....38 Special

jdswifey02 · #3 08-20-2002, 12:27 PM

"Insolence" is one of the "chargable offenses" here in the state of IL~~ and I kid you not, the definition is: "ANYTHING that offends or annoys" a correctional employee....
i am not sure I can offer much help in how to fight it.... my JD is facing some ridiculous penalties for disciplinary tickets he caught recently in the IL state system.... he is looking at spending an entire 2 1/2 YEARS in the "hole" with NO phone, limited commissary (only hygiene and writing supplies and no more than $15 a month) and limited visitation... I have learned that it is basically impossible to challenge the discipline given from the outside, until the inmate has gone through the entire internal grievance procedure... so I would suggest that as a starting place....
Wishing you the best of luck.......

KConnor56 · #4 08-20-2002, 12:44 PM

JD's your right, it's the same way in Calif. It's next to impossible to fight a disciplinary sentence. Your basically asking the same people who handed down the sentence to change their mind. It's worth a shot, they may lower it from 6 mo. to 4 mo. or something like that. Courts, & the Administrations have pretty much let each institution deal with disciplinary issues on their own, untill they become outrageous, or violate peoples rights. Out here they will take phone privledges away for anything. It's a legitamate target, for them. About the only thing they can't screw with is your mail. Your time, visits, commissary, housing, work, etc, can all be messed with.---------Ken

jdswifey02 · #5 08-20-2002, 04:46 PM

Ken.... just gotta correct you on one thing... the only thing they aren't SUPPOSED to mess with is your mail... but trust me... they can do that too....

Another thing for you Lara.... you have to remember that they consider phone use a PRIVILEDGE.... having contact with your loved ones is seen by DOC as a luxury...
Your partner should be able to find out about the grievance procedure by the way... here in IL it is laid out in an "inmate handbook"... In IL, the timelines are that you have 30 days from an incident occuring (or a disciplinary measure being handed down) to file the initial grievance..... and then another 30 days to resubmit it to the next higher level if you aren't satisfied with the results.....