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custody staff's liability about inmates' misconduct

Last post 11-18-2008 6:03 AM by Okkyumg Yoon. 5 replies.
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  • custody staff's liability about inmates' misconduct
    11-17-2008 6:56 AM
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    Hello, I am a Korean university professor /researcher who have studied corrections, prisons and punishment. you all may be suprised when you see this post from the other side of pacific..... I desperately need your help for my work. I am now working on a paper about how american prisons deal with inmate suicide, homicide, assault, rape, fire, escapes, walkaway. the correctional agency asked me to gather information on the nature and extent of various prison disturbances in the united states. I have tried to search for the relevant materials and internet sites but I could not get a lively, concrete information about how a specific state or federal prisons respond to these incidents. what I want to know is : when an accident like inmate suicide occurs, how many correctional officers are sanctioned in the allegation of their negligence of duty or just because moral responsibility. In korean case, when an inmate kills himself, or inflicts self-injury, correctional officers in a line of command, from a immediate line staff to middle mamager to chief manager, are very likely to get punished. some of them fired, others are transferred to another prisons as disciplinary countermeasures, although they are not directly involved or related to that incident. Therefore, many researchers and scholars ask the ministry of justice to revise that kind of practice. personally I do not think inmate misconduct or disturbances can be reduced by just punishing inmates themselves or a line of staffs who are supposed to supervise and manage troublesome inmates. there are many situations in which correctional staffs cannot control the inmates. I want to know the policy directions and concrete tactics when these kinds of incidents take place, I know different states have different tactics and strategies but I guess there must be some shared understanding on this subject. I expect as many voices as possible.... If any of you finds difficulty in reading or understading what this is all about, please ask me to make it clearer... I will do my best to give you more explanation,,,,, thank you in advance..........
  • Re: custody staff's liability about inmates' misconduct
    11-17-2008 7:24 AM
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    • jcsides

    • Top 500 Contributor
    • Joined on 08-14-2006
    • Arkansas
    • Level 1 MVP
    • Points 81

    After 24 years in the field of adult corrections here in Arkansas, I have found that only those who have neglected their duty receive discipline. For example; if an inmate is on suicide watch (15 minute observation) and it is determined that the staff member did not follow the 15 minute observation schedule, then that staff member would be disciplined. If it were determined that staff followed policy then there is no discipline administered to staff.

    Clay Sides
  • Re: custody staff's liability about inmates' misconduct
    11-17-2008 7:30 AM
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    Good morning,

     

    We investigate each individual incident.  Staff are not disciplined unless it is found that they violated Policy and Procedure.

     

  • Re: custody staff's liability about inmates' misconduct
    11-17-2008 11:38 AM
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    • Gayle Ray

    • Top 100 Contributor
    • Joined on 08-21-2006
    • Nashville, Tennessee
    • Level 2 MVP
    • Points 791

    Professor Yoon:

    I think you will find that in the United States, certainly in our State of Tennessee, employees are disciplined only if there was specific negligence or a failure to follow policy.  There is a thorough investigation of a suicide or other major incidents.  If discipline up to termination is found necessary for an employee, there is a due process for that employee to appeal the finding up through the Commissioner of Correction and on to the courts if the employee chooses.  I hope this helps in your research.

     

    Gayle Ray 

     

    Gayle Ray
    Deputy Commissioner
    Tennessee Department of Correction
    320 Sixth Avenue North, 6th Floor
    Nashville, Tennessee 37243-0465
    615-741-1000 ext. 8141
  • Re: custody staff's liability about inmates' misconduct
    11-18-2008 6:02 AM
    Reply Contact

    thank you for your response. it helped me a lot
  • Re: custody staff's liability about inmates' misconduct
    11-18-2008 6:03 AM
    Reply Contact

    thank you for your comment. it helped me a lot.
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