Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Disciplinary Sanctions

POLICY

Disciplinary sanctions shall be utilized in accordance with the severity and/or reoccurrence of the violation, taking into account treatment needs of the resident and needs for community safety.

PROCEDURE

  1. Sanctions - Facility staff may utilize the following disciplinary measures, when appropriate, at their discretion:
    1. Reprimand (usually verbal).
    2. Special conditions added to the case plan (alcohol treatment, drug treatment, marital counseling, etc.).
    3. Placement in any phase of the level system (Work Release).
    4. Partial or complete restriction of privileges.
    5. Extra duty in the facility.
    6. Referral to prosecuting authority for a violation of the law.
    7. Recommend forfeiture of good time (Work Release and OWI).
    8. Recommend suspension of the honor contract (Work Release).
    9. Recommendation of revocation through the Court.
    10. Imposition of more than one (1) disciplinary measure at the same time (restriction, extra duty, special conditions, etc.).
    11. Room restriction.
    12. Dead time (Probation).
    13. Written assignment

      The following procedure indicates when it would be appropriate to impose the above disciplinary measures.

  2. Appropriate Use of Sanctions:
    1. Verbal/Written Reprimand - Following minor violations.
    2. Special Conditions
      1. At the beginning of the residential program when specific problems (drug, alcohol, family relationships etc.) have been identified.
      2. When specific problems are identified by facility staff, treatment measures are incorporated as part of the resident's Residential Agreement (psychological evaluation/treatment, substance abuse treatment, etc.).
    3. Partial or Complete Restriction of Privileges - Following a minor violation after a previous reprimand has been issued, a medium or major violation.
    4. Extra Duty - (usually cleaning the facility). Following a minor violation after a previous reprimand has been issued, a medium or major violation.
    5. Referral to Prosecuting Authority - Following a minor violation after a previous reprimand has been issued, a medium or major violation.
    6. Recommend forfeiture of Good Time - Work Release and OWI residents shall forfeit earned good time and may be suspended from the honor contract in accordance with Section 302 of the Code of Iowa for each major violation committed while on Work Release.
      1. Residents are subject to forfeiture of good time from the time of official work release placement (see Policy on Placement Transfers) until placed on parole or expiration of sentence.
      2. A reduction in good time shall be computed for each major violation committed, except those that result in a reprimand or suspended disciplinary action.
      3. The Community Placement Office shall be responsible for determining the correct number of previous violations and for making time loss computations.
      4. Section 302 of the Code of Iowa requires the following schedule of good time loss:
        1. For the first violation, two (2) days.
        2. For the second violation, four (4) days.
        3. For the third violation, eight (8) days.
        4. For the fourth violation, sixteen (16) days.
        5. For the fifth violation and each subsequent violation, or for an escape or attempt to escape, twenty-four (24) days loss good time will be recommended with the following exceptions.
          1. Violence - For any serious assault while on Work Release, loss of all earned good time (if 5th major violation) and removal from the honor roll. Lesser penalties may be imposed by the State's Residential Director.
          2. Other Extreme and Willful Acts - For any such act committed while on Work Release, loss of twenty-four (24) days up to all good time (if 5th or subsequent major violation), depending on the nature of the infraction and Code of Iowa authority cited above.
          3. Escape - For any escape as defined by residential policy on Escape/Out-of-Place of Assignment, loss of all possible good time up to one (1) year and removal from the honor roll.
      5. Good time may be taken in the amount earned up to the date of disciplinary hearing.
    7. Recommendation of Revocation Through the Court - Violations of the facility's rules/regulations are violations of probation. As such, the PPO II/Residential Counselor shall follow the policies and procedures as they pertain to violations of the probation and revocation.
    8. Imposition of more than one (1) disciplinary measure may be taken at one time, as noted below.
      1. A reprimand may be used in conjunction with any other disciplinary action.
      2. Special conditions may be imposed along with any other disciplinary measure, as long as the resident remains at the facility.
      3. Extra duty may be imposed along with any other disciplinary action.
      4. Recommendations for loss of good time, removal from the honor roll and prosecution may occur simultaneously.
  3. Suspension of Disciplinary Action - Shall be subject to the following conditions:
    1. Time frames must be specified (Disciplinary Report Form, Section V) and cannot exceed sixty (60) days.
    2. Conditions of the suspension (duration and nature) shall be documented.
    3. The suspension may be invoked only upon a finding of guilty of a subsequent medium or major infraction.
  4. Work Detail Assignment
    1. Staff using work details as an alternative to other disciplinary action must complete a Work Detail Assignment form. Specific details and time to be completed must be documented including action taken for non-compliance.
    2. After explaining and forwarding a copy of the Work Detail Assignment form to the resident, the original copy is to be posted on the restriction board.
    3. After completing each detail, residents must have staff check the work performed. If satisfactory, staff must initial the resident's and staff's copy of the Work Detail Assignment form.
    4. When checking the restriction board at the start of each shift, staff must note the date/time Work Detail Assignments must be completed. If not completed by the time allotted, the disciplinary action noted must be implemented.
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