§ 853. Punishment; maintenance of records; recommendation of transfer
(a)(1) Except in serious cases as provided in subdivision (2) of this subsection, punishment
for a breach of the rules and regulations of the facility shall consist of deprivation
of privileges.
(2) Serious breaches of the rules and regulations shall include assault, escape, attempt
to escape, and other serious breaches. In cases involving a serious breach, the disciplinary
committee may recommend to the supervising officer of the facility, who may then order,
other forms of discipline in addition to or as substitution for a loss of privileges.
If the serious breach results in damage to State-owned property, the disciplinary
committee may fix an amount of restitution or reparation, which shall not exceed an
amount the inmate can or will be able to pay, and shall fix the manner of performance.
Other forms of discipline for a serious breach of the rules may include:
(A) Recommendation by the disciplinary committee and by the supervising officer to the
Commissioner that the inmate be transferred to another facility.
(B) Segregation, in accordance with the regulations of the Department, in a cell or room,
apart from the accommodations provided for inmates who are participating in programs
of the facility; provided:
(i) the period of such segregation shall not exceed 30 days consecutively;
(ii) he inmate shall be supplied with a sufficient quantity of wholesome and nutritious
food, which shall be of the same quantity and nutritional quality as that provided
to the general population of inmates at the facility;
(iii) adequate sanitary and other conditions required for the health of the inmate shall
be maintained; and
(iv) the supervising officer of the facility shall comply with any recommendation that
may be made by the facility’s physician for measures with respect to dietary needs
or conditions of segregation of each inmate required to maintain the health of the
inmate.
(b) No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the
use of force on any inmate justifiable except as provided by law.
(c) The supervising officer of any facility shall maintain a record of all breaches of
rules, the disposition of each case, and the punishment, if any, for each breach.
Each breach of the rules by an inmate shall be entered in the file of the inmate,
together with the disposition or punishment therefor. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 2, eff. March 31, 1975; 1977, No. 57, § 1, eff. April 21, 1977; 1977, No. 264 (Adj. Sess.), § 1; 2005, No. 177 (Adj. Sess.), § 2.)