Inmate Disciplinary Infractions 2 — Questions and Answers
Question 1: Before a disciplinary hearing, an inmate is generally entitled to written notice of the charges at least how many hours in advance?
- 24 hours (Correct answer)
- 1 hour
- 72 hours
- No advance notice is required
Correct answer: 24 hours
Under Wolff v. McDonnell, an inmate must receive written notice of the charges at least 24 hours before the disciplinary hearing.
Question 2: What standard of evidence is required to find an inmate guilty at a prison disciplinary hearing?
- Some evidence in the record (Correct answer)
- Beyond a reasonable doubt
- Clear and convincing evidence
- A preponderance plus corroboration
Correct answer: Some evidence in the record
Superintendent v. Hill established that prison disciplinary findings need only be supported by 'some evidence.'
Question 3: Possession of a homemade weapon, such as a 'shank,' is typically classified as which severity of infraction?
- A high-severity (Class A) violation (Correct answer)
- A minor (Class C) violation
- A non-disciplinary administrative note
- A petty rule reminder
Correct answer: A high-severity (Class A) violation
Weapon possession threatens institutional safety and is treated as one of the most serious, high-severity infractions.
Question 4: Which document records the staff member's account of an alleged rule violation and starts the disciplinary process?
- An incident or disciplinary report (Correct answer)
- A parole eligibility worksheet
- A commissary receipt
- A visitation log
Correct answer: An incident or disciplinary report
An incident or disciplinary report written by staff formally initiates the disciplinary process against an inmate.
Question 5: An inmate refuses a direct, lawful order from an officer to return to his cell. This is best categorized as:
- Disobeying a direct order (Correct answer)
- An administrative segregation request
- A grievance filing
- A protective custody petition
Correct answer: Disobeying a direct order
Refusing a lawful order from staff is a distinct infraction commonly charged as disobeying a direct order.
Question 6: At a disciplinary hearing, an inmate generally has the right to do which of the following?
- Call witnesses and present documentary evidence when not unduly hazardous (Correct answer)
- Cross-examine all witnesses under oath
- Have a retained attorney present
- Demand a jury of fellow inmates
Correct answer: Call witnesses and present documentary evidence when not unduly hazardous
Due process allows inmates to call witnesses and present evidence when doing so will not jeopardize safety or institutional goals.
Question 7: Which of the following is a common sanction imposed for a serious disciplinary infraction?
- Loss of good-time (earned) credits (Correct answer)
- Automatic sentence reduction
- Immediate parole hearing
- Transfer to a halfway house
Correct answer: Loss of good-time (earned) credits
Forfeiture of earned good-time credits is a standard and significant sanction for serious infractions.
Before a disciplinary hearing, an inmate is generally entitled to written notice of the charges at least how many hours in advance?