by- leon benson 7.28.21
“Lock me up throw away the key
They don’t care about a ni**a like me”.
—Kevin Gates, NO OPTION (2020)
According to www.prisonpolicy.org the state of Indiana not only leads the national average, but the entire world with its 723 people per 100,000 that are incarcerated. While all other states’ prison populations have drastically decreased in the last 10 years, Indiana’s has increased.
These statistics should leave any concerned citizen with many questions as of why this trend is occuring in Indiana. Is it the fault of Indiana lawmakers? Is it cruel judges sentencing too many people to prison? Is it politicians stirring public fears with “Lock ’em up throw away the key” election campaigns? Is it because Indiana has flawed parole and clemency systems that doesn’t guarantee prisoners early release for good behavior nor completing rehabilitative programs?
Surely, neither of the above contradictions are solely responsible for Indiana’s mass incarceration epidemic. However, placed together they equate into a structure of violence. Therefore, only a holistic, Healing Justice approach can properly correct or eradicate such an oppressive system.
Meanwhile, the plot thickens. When we look closer at this issue of Indiana’s prison population growth. We will discover that some prison officers have been given too much power at Disciplinary Hearings in prolonging prisoners sentences for breaking certain rules.
Let’s see how Indiana Department of Correction (IDOC) Disciplinary Hearing Boards (DHB) function and how DHB officers take prisoners’ good time in corrupt ways. In addition, we will explore the need for all human rights, prison reformist and prison abolitionist activists alike, to fight for the restoration of all good time taken by DHB officers and to end their ability to take such time as punishment at disciplinary hearings.
DISCIPLINARY HEARING FUNCTION
Similar to how courtrooms operate in society by a set of laws and policies written and passed by state and federal legislation, IDOC disciplinary hearings operate within its prisons, although on a lower level than in society, and governed by IDOC policies. This particular IDOC policy #02-04-101 is entitled “The Disciplinary Code For Adult Offenders”. Which outlines how disciplinary hearings should function within a set of rules.
Let’s start with the IDOC rules that all prisoners are to adhere to or be subjected to restriction of privileges (loss of phone, visits, commissary, GTL tablet, recreation), housing (solitary confinement), extra work duties, loss of earned credit time (good time) etc., or even new criminal charges in some cases.
These rules are placed in the classes of A, B, C, & D. Class As & Bs being the most serious offenses and Cs & Ds more minor. Let’s review the most egregious class A offenses: A-100 “Violation of any State or Federal law” ; A-102 “Battery Resulting in Bodily Injury” ; A-108 “Escape” ; A-111 “Conspiracy/Attempt/Aiding or Abetting any A Conduct Offense” ; A-113 “Trafficking” ; A-114 “Sexual Act with Visitor” ; A-115 “Battery Against Staff, Volunteer, or Contractor” ; A-121 “Possession of Cell Phone or Cellular Communication Devices” to name a few.
If such rules are violated IDOC staff (counselor, case manager, teacher, nurse etc.,) and correctional officers can write a prisoner up on a conduct report (it’s also called a ticket in other prisons around the nation). The conduct report summarizes the alleged offense by the prisoner.
The conduct report then is sent to the prison’s assigned Disciplinary Review Officer, who personally gives the prisoner notice of the charge; at least 24 hours before a hearing is held to decide guilt or innocence. Also, the review officer informs the prisoner of all her rights: to lay advocate representation; to request witnesses; to present evidence; to speak your own behalf; TO BE HEARD BY AN IMPARTIAL DECISION MAKER (DISCIPLINARY HEARING OFFICER). After the notice (screening) process is complete a hearing date is scheduled.
The Disciplinary Hearing Officer (DHO) must conduct hearings according to IDOC policy and procedure (#02-04-101). Therefore, the DHO must review the conduct reports and all available witness statements and evidence to make an impartial decision.
Finally, in the event that a prisoner is found guilty of a class A or B, the DHO has the power to impose the harshest sanctions or a slap on the wrist-warning. The harshest sanctions are time in solitary confinement, loss of job/education and loss of earned credit time.
At this point, if the prisoner opposes the results, he or she can appeal the DHO’s decision. The DHB appeal must be based on due process violations of IDOC policy and procedures or it won’t be successful. The first appeal option is to the prison’s Warden. If it is denied there, the second option is to appeal to IDOC’s “Legal Service Division”. If the appeal is denied there, the final option is to file a federal Habeas Corpus for Disciplinary (prison) Hearing Petition with the Indiana Federal District Court. If the Habeas Corpus is denied in the last federal court process at the Seventh Circuit Court of Appeals, then, the DHO’s decision is final.
TOO MUCH POWER
“No man should have all that power
the clock’s ticking I just count the hours”.
—Kanye West, POWER (2010)
Besides the courtroom judge there is no other official that has more power over a prisoner’s stay in prison than a Disciplinary Hearing Officer. Of course, this is only if the prisoner has to appear before them for an alleged offense. We can argue for a prisoner’s need for self-accountability while inside. However, it is extremely hard for any prisoner to avoid confrontations with guards and staff at some point of their extended (5 yrs or more) incarceration.
Put another way, from my 23 years of carceral experiences I would say that less than 25% of all people who ever served prison time will get through it without violating any rules that result in facing a DHO. Face it, disciplinary hearings are essential parts of maintaining the Prison Industrial Complex.
This fact alone allows such hearings to be used as political tools to control the checks and balances of prison populations and the housing of certain prisoners. It’s no secret why more politically conscious and activist prisoners are held in segregation units; or why many prisoners don’t qualify for early release. Race and religion are factors too.
Although the IDOC policy #02-04-101 requires that all DHOs be impartial. Such impartiality is rarely practiced. Most of these hearings can be described as “clown courts” due to their lack of integrity and professionalism.
Factor in the fact that most DHOs are friends with the guard or internal affairs investigator that write these alleged conduct reports on prisoners. Where’s the impartiality in that? Evenmore, the same IDOC policy gives prison guards and investigators the power to use “confidential informants” as
long as they swear under oath that they believe the informant. Some of these pathetic men in prison will lie on another prisoner out of envy, let alone to avoid a stint in solitary confinement. Also, the policy allows guards to identify controlled substances (K-2, heroin, meth, perks, etc.) by their opinion, without performing any chemical tests to confirm their belief.
When such evidence is used against prisoners for major class A offenses, the likelihood that DHOs will reject it, is slim to none. The same biases happen when prisoners are accused of assaulting guards or staff or having sexual relationships with them. If you the think the Blue Wall of corruption by police is bad, the Steel Wall of corruption by prison staffers has to be worse by proxy.
RESTORATION KEYS
“Both [prisoner & jailer] are forever wrapped in the chains of brutality. One caught in fear of affliction, the other in fear of reprisal. It’s like holding a cobra. When privileges of holding it are exhausted the fear of releasing a pissed off cobra increases by the minute”.—Dr. Venson Jordan, THE CENTRIPETAL NATURE OF TRUTH (2016)
I personally know Dr. Jordan, he is a very thoughtful brother and an impactful teacher. His analogy of prisoners being turned into pissed off cobras by the very brutality of their jailers, is spot on. Here, Indiana DHOs have been poisoning the well being of many prisoners by stealing their good time, which ultimately steals their opportunity, not only for early release, but for rehabilitation.
Therefore, we as Prisoner Rights advocates must work in solidarity to take such power from the hands of DHOs, because it’s a conflict of interest. They have been keeping too many of our loved ones locked up longer than necessary and throwing away the keys. The KEYS are the answers and solutions.
We need solutions in order to prevent the situations in Indiana prisons that cause assaults, trafficking, cell phone possession, and sexual relationships between staffers and prisoners. Where is the rehabilitation in keeping people locked up longer? Only for now hardened and pissed off people to return to society someday, to do what? Run for governor? Perhaps to commit more crimes on impulse?
We have to challenge Indiana lawmakers to change IDOC disciplinary hearing procedural policy that gave DHOs the power to take good time as punishment. Furthermore, all prisoners should be able to petition IDOC classification for restoration of 100% of their good time back, with the exception of a few. Therefore, a new guideline must be created to make this goal reality.
The ultimate keys to power must always remain in the hands of the nation’s people. WE should always get the last vote: restorative justice now!
You can contact Leon Benson “EL Be” by writing to him at Leon Benson #995256, CIF, 5124 W. Reformatory Road, Pendleton, IN 46064 or via web.connectnetwork.com by setting up an account and locating him in the Indiana DOC system.