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O.1 DISCIPLINARY ACTION Page 1 of 6 #19//10 San Diego County Sheriff’s Department Detention Services Bureau – Manual of Policies and Procedures PURPOSE To provide a method for bringing an inmate’s behavior into compliance with established inmate rules and regulation s while establishing a f air and impartial process of review. POLICY Any discipline initiated against an inmate shall be impartially imposed without regard to race, color, sex, gender identity and/or expression , sexual orientation, age, disability or religious beliefs. The discipline shall be progressive and commensurate with the seriousness of the violation while being compared with the behavioral history of the inmate while in custody. PROCEDURE I. RULE VIOLATION A. Inmate rules and regulations, disciplinary procedures and griev ance procedures in English and Spanish shall be posted in conspicuous locations in all housing units. Staff shall attempt to ensure each inmate is aware of and understands the procedures. If an inmate is illiterate, assistance shall be provided to ensure understanding of the charges and proceedings. B. Any staff member may initiate an incident report on an inmate who has violated the inmate rules and regulations. C. If professional staff witnesses a violation , they may contact a sworn staff member. The sworn staff member shall assist in writing the incident report. D. All incident reports documenting rule violations shall include a copy of the “Inmate Rights " document . The "Inmate Rights" shall be copied and pasted at the bottom of the incident narrative in the Jail Information Management System (JIMS) . E. All incident reports shall be referred to the disciplinary hearing officer (DHO) for processing. The facility commander shall designate the DHO . F. The disciplinary review officer (DRO), designated by the facility commander , shall review all major rule violations or major discipline. G. All inmates charged in any disciplinary action shall be a fforded the due process provisions of the California Code of Regulations, Title 15, Article 7. That is, inmate s can appeal their discipline, which will cause their discipline to be reviewed by a disciplinary appeal officer. DATE: NOVEMBER 18 , 201 9 NUMBER: O.1 SUBJECT: DISCIPLINARY ACTION RELATED SEC TIONS : J.3, K.27 , N.1, O.3, T.9 O.1 DISCIPLINARY ACTION Page 2 of 6 #19//10 H. “Substantial evidence” is the level of proof required to show the inmate violated the rule(s). I. No hearing on a pending charge may be held later tha n seventy -two ( 72) hours after the inmate has been presented a copy of the charges in writing and notified of their right to a hearing by the DHO. If the hearing is held before the 24 -hour waiting period has expired, the inmate shall agree to, and sign a Disciplinary Hearing Rights Waiver (J - 72B) form. The J-72B form shall be placed in the inmate’s custody record . J. All decisions regarding minor discipline rendered by the DHO shall be final. The discipline, if minor, shall be effective immediately after the inmate has been given written notice of the decision . K. If a rule violation is sustained by the DHO and major discipline is recommended , the incident report shall be reviewed by the DRO within seventy -two ( 72) hours of the inmate’s notification of the disc ipline. Disciplinary sanctions shall not be imposed prior to this review. II. MINOR DISCIPLINARY SANCTIONS Minor discipline may be categorized as either formal or informal. The following are examples of the types of minor disciplinary measures : A. Informal: 1. Written warning. 2. Verbal counseling. B. Formal: 1. Loss of television privileges. 2. Loss of commissary (One Week) 3. Fine – not to exceed $3.00 (inmate worker wages only). 4. Assignment to extra work detail (sentenced inmates only). III. MAJOR DISCIPLINARY SANCTIONS A. Loss of social visits. B. Disciplinary Lockdown (not to exceed seventy -two ( 72) hours ). This sanction refers to an inmate only being restricted to their bunk area or cell and restricted from being out except for professional visits, showers and legal phon e calls. Inmates may keep their personal items (e.g., correspondence, commissary, hygiene, books) while serving Disciplinary Lockdown. Disciplinary Lockdown should not be confused with “security lockdown,” a management procedure of locking down inmates when conditions are such that the safety of inmates and/or staff is at risk. Secu rity lockdown is a management prerogative and may be used as necessary , but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the inmates and staff. O.1 DISCIPLINARY ACTION Page 3 of 6 #19//10 C. Group discipline may be used as a last resor t and only when the vast majority of the inmates have been involved in a rule violation and the perpetrators cannot be individually identified. Group discipline will be documented on an incident report. 1. The watch commander, before implementation, shall r eview group discipline. 2. In an effort to represent all racial groups in submitting appeals to group discipline, up to three inmates may be selected to state any appeal. D