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ItsMichelle · #1 06-06-2005, 06:07 PM

A little background.........

My baby had his packet in to get transferred to a minimum security or a halfway house or work program since he only has 2 month to go. When he inquired about his packet, he was told that there was a Class X violation in his packet. He has never had a Class X violation so he asked to see his packet.

AND NOW, they are telling him he has a Class X because once when he wasn't present for it, they found a lighter under his bed. Yes, I understand this is a Class X violation. He quit smoking about 3 weeks ago and didn't have a lighter anymore. He has no reason to lie to me now about anything, so why would he?

So apparantly for this violation there is supposed to be a notice to the offender, which he didn't get. And now, they have shut off his phones, BUT, he still was allowed a visit from his Grandma yesterday and they didn't take away his level.

I've tried reading the policies. From what I read, V. Appeal Process Item #3 has a list that must be followed in disciplinary procedures. And Item #4 says even if they don't do #3, it's ok because this does not constitute a due process violation and does not require dismissal or re-hearing.

Why wasn't he notified of a class x violation when it happened?
Why didn't he find out about it until he asked about his packet?
Why did they shut off his phones but still allow all other privliges?

This same stupidity keeps happening over and over again with him!

When we were charged with sexual misconduct, we weren't allowed to attend a "hearing" or produce witnesses because we were told there was a tape. I knew they couldn't have anything on tape because we weren't doing anything so I kept on. Finally, the deputy warden admitted to me there wasn't a tape. But we still got 180 day suspension from visitation for it! According to the policy, that Class A violation only carries a 90 day suspension!

WTH???

Who do I go to for help? I can't afford an attorney and neither can he or his family. I tried the first time with the sexual misconduct report to get some help from within the system all the way up to the Governor and didn't get any.

Anyone?? Please??

ItsMichelle · #2 06-06-2005, 06:45 PM

Also, his letter states that they might give him another year????

ItsMichelle · #3 06-06-2005, 06:48 PM

http://www.doc.state.ok.us/Offtech/op060125.htm

http://www.doc.state.ok.us/Offtech/op150601.htm

Ceow · #4 06-11-2005, 02:49 AM

Quote:

Originally Posted by ItsMichelle

Also, his letter states that they might give him another year????

I didnt know a lighter was a class X, I would figure it would be a class A. At our facility when someone gets a Class X they immediately go to Seg for 30 days and they lose their Level. Level 1 can visit behind the glass for an Hour still. I dont know of them losing their phone priveleges for losing lvls, lvl 1 can still use the phones. Also if their is a write up that goes in your jacket, he would get a copy.

docwatchdog · #5 06-11-2005, 11:15 AM

Ceow Your facility is lucky then. Level 1's are not suppose to be able to make phone calls. But with DOC short of money, that could be one reason they haven't pushed it in this case.

Ceow · #6 06-11-2005, 12:34 PM

Quote:

Originally Posted by docwatchdog

Ceow Your facility is lucky then. Level 1's are not suppose to be able to make phone calls. But with DOC short of money, that could be one reason they haven't pushed it in this case.

I could be wrong, i just never knew obout anyone not being able to make calls cause they were lvl 1.

JCbeast · #7 06-11-2005, 08:11 PM

Quote:

Originally Posted by Ceow

I could be wrong, i just never knew obout anyone not being able to make calls cause they were lvl 1.

A lighter can be a class x it is contraband, there is no reason for any inmate to have a lighter anyway. If he is claiming he didnt know anything about it he is not telling the truth, You cant take any earned credits away unless it is a misconduct or a audit. In both cases the inmate is informed by policy.
The current misconduct policy has mandatory sanctions, loss of earned credits, level one etc. again inmate has to be informed

Phone privledges are mandated by level as well. if you are on level one you can only talk to lawyer and clergy. if they are talking to others and on level one that is on the facility he is at.

Him getting another year is likely due to him recieving a class X writeup and losing 365 ec and setting his discharge back a year.

ItsMichelle · #8 06-14-2005, 07:54 PM

Quote:

Originally Posted by JCbeast

A lighter can be a class x it is contraband, there is no reason for any inmate to have a lighter anyway. If he is claiming he didnt know anything about it he is not telling the truth, You cant take any earned credits away unless it is a misconduct or a audit. In both cases the inmate is informed by policy.
The current misconduct policy has mandatory sanctions, loss of earned credits, level one etc. again inmate has to be informed

Phone privledges are mandated by level as well. if you are on level one you can only talk to lawyer and clergy. if they are talking to others and on level one that is on the facility he is at.

Him getting another year is likely due to him recieving a class X writeup and losing 365 ec and setting his discharge back a year.

He was a level 4! And he quit smoking and got rid of everything. He hasn't seen the lighter. He wasn't present when they found it laying in the floor under his bed. Now tell me, is he lying? Or was someone else there present at the time and got nervous and tossed it under his bed? Why would it just be laying there if he was hiding it? No, him lying about it doesn't make any sense to me.

So, if he was informed about it after it was placed in his packet.....then what?

And on another note, since doc is so short of money and the prisons are overcrowded, doesn't making someone stay another year when they only had 2 months to go for a lighter seem a little insane?

missofficer2u · #9 06-14-2005, 08:05 PM

Did he have a cellie? Were the bunks stacked? If he had a cellie and they had stacked bunks, BOTH inmate should have been written up per policy. Unless one confessed there should have been a hearing, also the unit staff should have served him his write-up, even if he was in D.U. He can get copies of the incident report and misconduct and find out who signed for him.

ItsMichelle · #10 06-14-2005, 08:20 PM

Quote:

Originally Posted by missofficer2u

Did he have a cellie? Were the bunks stacked? If he had a cellie and they had stacked bunks, BOTH inmate should have been written up per policy. Unless one confessed there should have been a hearing, also the unit staff should have served him his write-up, even if he was in D.U. He can get copies of the incident report and misconduct and find out who signed for him.

Thanks! And I'm not sure about the beds but I will find out. He was at work in the kitchen when they said they found it.

His councelor had turned in his packet for transferring to a work release program or halfway house and when he inquired about how it was going.....he was then informed of the class x and not before.....certainly not when they say they found it. He only found out about it because he asked about his packet.

And his phones were left on till he asked about his packet as well. Then they were quickly shut off.