COMPLETE QUESTIONS AND ANSWERS.
What is a CDC-114D? Answer: Order and hearing for placement in
segregated housing explaining the charges and reasons for the
placement.
Due Process in the CDC-114D. Answer: What is the Lieutenant's
role in the CDC-114D
1) Ensure the inmates Due Process is being met.
2) Is your decision to place the inmate in Ad/Seg warranted?
3) Ensure the CDC-114D form is completed accurately.
4) Ensure the inmate is properly housed.
5) Ensure supporting documentation is given.
6) If a confidential is utilized, make sure confidential form is completed.
What is the ultimate responsibility of the Hearing Officer in a CDC-
114D (Wright Hearing)? Answer: Weigh all evidence and render a
decision to either release or retain the inmate in Ad/Seg reference and
reasons for the action taken.
, What are the parts of the CDC-114D? Answer: The original form
has 4 parts, but there is a 5th part known as the CHO hearing or Wright
hearing (Wright vs. Enomoto).
Part 1: Notice of reasons for placement in Administrative Segregation.
Part 2: Counsel Substitute
Part 3: Waiver of hearing or of time to prepare and request for witnesses
Part 4: CHO hearing or Wright Hearing
Part 5: Hearing
What paperwork is needed to place an inmate in ASU? Answer:
Inmate Photo Identification Card
114D- Administrative Segregation Placement Notice
114A1- Inmate Segregation Profile.
7219- Medical Report of Injury/ Unusual Occurrence
MAR- Medication Transfer Form
1083- Inmate Property Inventory/ Completed and signed by inmate
Att. F (ADA appliance inventory chrono/ Even if no appliances are
needed)
154- Bed Move Request/ Signed off by medical staff and Supervisor
128MH7- Ad-Seg Mental Health Screening Chrono/ Copy only original
must be placed in UHR
Copy of 1030 Confidential Information Notice (if needed)
,CDCR 128B/Noting additional information or special circumstances (if
needed)
1882B Double Cell review if Inmate is to be placed in cell with another
inmate.
What are the Administrative Segregation Unit Placement Notice
(114 D) lockup reasons / CCR 3336:. Answer: Presents an immediate
threat to the safety of self or others.
Jeopardizes integrity of investigation of alleged misconduct or criminal
activity.
Endangers institutional security.
Upon release from segregation, no bed available in general population.
(Must be served 114D by at least 48 hours after lock-up, Must be seen
by ICC within 10 days of placement and reviewed every 30 days until
released by ICC)
Inmate waivers/ Administrative review CCR 3337: Capt. Level must
be first working day after lockup:. Answer: Inmate waives or declines
interview with reviewer
Inmates waives right to 72 hours preparation time for ICC
No witnesses requested by inmate
Capt. Can release to facility/ retain pending ICC review D/C or S/C
How many days to issue a 114d to an Inmate being placed in Ad-Seg?
You have 48 hours (2 days) to issue a 114D.
, Rule Violation Reports
On A RVR what is the Lieutenant looking for to ensure Due Process
has not been violated? Answer: 1) The violated rule number matches the
specific charge.
2) The circumstances relate or match the specific charge.
3) The RVR has been classified correctly.
4) The inmate has received a copy of the RVR 24 hours prior to the
hearing.
5) Has the inmate received all copies of additional reports 24 hours prior
to hearing?
6) Has inmate postponed hearing for D.A. referral?
7) Was an I.E. or S.A. assigned. Did inmate receive a copy of these
reports. Did a mental health assessment get performed prior to the
hearing if Inmate is a mental health status inmate?
8) Check for requested witnesses.
9) Time constraints: Did inmate receive all copies of reports 24 hours
prior to hearing. Did the inmate receive a copy of RVR within 15 days of
the alleged infraction? Was the hearing held within 30 days of receiving
copy of RVR? If time restraints have not been met, SHO will bar the
time credit forfeiture.
What are the duties of the hearing officer? Answer: 1) Know and
follow the rules of Due Process.
2) Monitor the CDC-115 for proper notice.