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Author Topic: Dept. Rule 504A - Offenses and Penalties  (Read 5216 times)
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Scout
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« on: November 28, 2007, 08:32:08 PM »

I came across this today going through my husband's old legal work.  I know there was a recent discussion on what results in seg time.  Although these are "official" titles, almost any action can result in a ticket.  For example, "unauthorized movement" could mean the inmate stepped out of line.

I particularly like Offense 404, "Violation of Rules"...isn't that what this is about? 
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« Reply #1 on: November 29, 2007, 12:51:30 PM »

It's because of this kind of vagueness, alot of inmates are afraid to even appeal their cases legitimately. They think if they soley don't win, they'll get the 6 months good time revoked for being a frivilous lawsuit.
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« Reply #2 on: November 29, 2007, 04:25:45 PM »

"Insolence" gets a month of seg and a month of lost good time ????   How do you judge insolence ?
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« Reply #3 on: November 29, 2007, 06:38:49 PM »

DTC,

I don't exactly know how you can judge insolence, but maybe we can use this as a barometer.  My guy is sitting in seg right now on a ticket where he was cited for insolence and unauthorized movement.  The insolence is for having his hands in his pockets while talking to a counselor, and the unauthorized movement is because he stepped off to the side when the counselor asked him to do so. For this, he received 90 seg time and a transfer.  By reading the list of infractions and punishments...insolence is 1 month and unauthorized movement is 2 months.   :-(

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Schrader42
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« Reply #4 on: November 29, 2007, 06:46:18 PM »

Wow, having your hands in your pockets and stepping to the side because his counselor asked him to is wrong!  Why didn't your guy appeal it? 
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« Reply #5 on: November 29, 2007, 06:57:54 PM »

WoW !!  That reminds me of an interview I saw on TV, I think it was a concentration camp victim, he said he was walking with his hands in his pockets because it was super cold out, and he was punished for it !!!
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« Reply #6 on: November 29, 2007, 07:00:47 PM »

The 90 days he got is the total of the two months and one month...everything is consecutive I believe.  As far as appealing it Schrader, more often than not by the time the grievance makes it through the ranks, the inmate has already done his seg time.
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Schrader42
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« Reply #7 on: November 29, 2007, 07:04:16 PM »

IDOC reminds me of those 3rd world countries and their silly, barbaric ways.  A good example:  The British woman who named the Teddy Bear Muhhamed (wrong spelling).  While she was sentenced to get a lashing, people were gathered outside threatening to kill her.  A perfect example of IDOC Staff.  I guess their behavior towards inmates makes them feel worldly.
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Schrader42
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« Reply #8 on: November 29, 2007, 07:05:48 PM »

The 90 days he got is the total of the two months and one month...everything is consecutive I believe. As far as appealing it Schrader, more often than not by the time the grievance makes it through the ranks, the inmate has already done his seg time.

Unbelievable Scout.  I can only imagine the frustration these guys go through. 
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w8tn4hm
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« Reply #9 on: November 29, 2007, 07:11:18 PM »

I know, it's ridiculous! So I guess now we have a barometer to judge INSOLENCE by...Yeah Right!.  Schrader, he is appealing it.  When I saw him on Monday, he told me that he expected them to hear the ticket tomorrow. If it stays as is, he will probably lose 90 good time. ARGH!

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« Reply #10 on: November 29, 2007, 07:14:15 PM »

Scout,

I thought he was being a little too optimistic about them hearing it on Friday, especially since he was just transfered on Halloween. I thought that was a little too good to be true.  Anyway, he has already completed half of his seg time...I think his main concern is his good time credit.
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« Reply #11 on: November 29, 2007, 07:14:19 PM »

Oh no.  I'll keep my fingers crossed for him and hope the outcome will benefit him.   ;)
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« Reply #12 on: November 29, 2007, 07:28:16 PM »

He's already served half his seg time and they're only hearing the ticket tomorrow?  Where the hell is he at.  I believe the ticket has to be heard by the adjustment committee in 14 days...I'll confirm that with my husband when I next talk to him.

99% of the cases that are heard are denied.  When I mentioned appeal, I was referring to the grievance process on the denial, which has to to through the counselor, the grievance officer and the ARB.  Of course, it stops at any point along the way if it's overturned.  Case in point, my husband just did 30 days for fighting (he got sucker-punched through the bars from another inmate).  He went before the adjustment committee  and lost...he filed a grievance, first with his counselor, then upon denial with the grievance officer.  He found out four days after he was released from seg that the grievance officer overturned the ticket and the ticket was expunged...but of course he doesn't get any compensation for the 30 days seg and loss of privileges.
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« Reply #13 on: November 29, 2007, 08:07:04 PM »

He was at Sheridan when the ticket was written up. They did hear his ticket within 14 days and he was sentenced to 90 days seg time, downgraded to a C, and loss of phone privileges until February 08.  In addition, because he requested a different counselor, he was transfered to another institution.  The punishment does not seem to fit the "crime" here, but when there is no system of checks and balances, these institutions can do whatever they wish. Also, this was his first ticket. 

So, based on the process that you described, I believe he is at the grievance stage.   I know this is the first time he will be going through this since being at P'ville, however, it is regarding the ticket he was issued at Sheridan.

W8
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