NCJ Number
54573
Date Published
1979
Length
46 pages
Annotation
JUDICIAL DECISIONS REGARDING THE DUE PROCESS RIGHTS OF INMATES VIS-A-VIS ADMINISTRATIVE SEGREGATION ARE ANALYZED.
Abstract
THE TYPE OF ADMINISTRATIVE SEGREGATION UNDER DISCUSSION INVOLVES THE CONFINEMENT OF CERTAIN INMATES IN HIGHLY SECURE HOUSING, SEPARATE FROM THE GENERAL PRISON POPULATION, IN ORDER TO PROTECT THEM FROM OTHER INMATES OR TO PROTECT OTHER INMATES FROM THEM. ADMINISTRATIVE SEGREGATION IS A PREVENTIVE DEVICE RATHER THAN A SANCTION FOR PAST BEHAVIOR AND IS DISTINGUISHED FROM PUNITIVE OR DISCIPLINARY SEGREGATION FOR PRISON RULE INFRACTIONS. DECISIONS BY THE U.S. SUPREME COURT AND OTHER COURTS MAKE IT CLEAR THAT DUE PROCESS PROCEDURES NEED NOT ACCOMPANY A DECISION TO PLACE A STATE PRISONER IN MORE RESTRICTIVE CONFINEMENT UNLESS STATE LAW CONDITIONS SUCH PLACEMENT ON THE OCCURRENCE OF SPECIFIED EVENTS. THUS THE TRANSFER OF A INMATE TO ADMINISTRATIVE SEGREGATION, GIVEN THAT CORRECTIONAL OFFICIALS HAVE UNLIMITED DISCRETION TO TAKE SUCH ACTION, DOES NOT IMPLICATE AN INTEREST PROTECTED BY DUE PROCESS. HOWEVER, WHEN SEGREGATED CONFINEMENT IS USED ALSO AS A SANCTION FOR VIOLATING SPECIFIED PRISON RULES, CARE MUST BE TAKEN IN DIFFERENTIATING BETWEEN INMATES WHO ARE BEING CONFINED FOR ADMINISTRATIVE PURPOSES AND THOSE WHO ARE BEING DISCIPLINED. CLASSIFICATION PERSONNEL SHOULD CLEARLY DOCUMENT THE REASONS FOR ALL TRANSFERS TO SEGREGATION, AND INMATES SEGREGATED FOR ADMINISTRATIVE PURPOSES PROBABLY SHOULD BE AFFORDED MORE PRIVILEGES THAN THOSE SEGREGATED FOR DISCIPLINARY REASONS. VIRTUALLY ALL CORRECTIONAL SYSTEMS HAVE GUIDELINES TO ENSURE THAT CUSTODY ASSIGNMENTS ARE MADE CORRECTLY AND FAIRLY. JUDICIAL INTERFERENCE IN THIS AREA NOT ONLY THREATENS PRISON ADMINISTRATORS WITH BURDENSOME PROCEDURES BUT COULD ADVERSELY AFFECT THE ABILITY OR WILLINGNESS OF ADMINISTRATORS TO USE SEGREGATION AS A MEANS OF CONTROLLING INMATE VIOLENCE. (LKM)