What recourse do offenders have if the process is not followed?
RESPONSE:Correction of records — If a procedural requirement was not followed on a case, the case will be corrected. A case may be corrected by one of two ways: (a) overturn, with or without the option to rehear, which means the record is deleted from computer records; or (b) modifying the charge or punishment, as appropriate, to be within established limits or policy. If an offender can demonstrate that a due process requirement was not met, the case will be overturned. For example, if an offender is denied a requested witness without justifying the denial, the case will be overturned (with the option to rehear). Also, if an offender can show an administrative requirement was not met, the case will be corrected. For example, if an offender shows he was not cleared by mental health staff prior to the hearing being conducted, the case will be overturned. During fiscal year 2001, a total of 1,702 disciplinary cases were corrected.4.
