You asked what happens to an inmate placed in punitive segregation by the Department of Correction (DOC). OLR report 2008-R-0655 describes DOC's procedures for subjecting an inmate to this sanction.

SUMMARY

Under DOC Administrative Directive 9.5, the department can subject inmates to punitive segregation and other penalties if they are found guilty of violating the department's Code of Penal Discipline. Inmates in punitive segregation are subject to daily security checks and periodic random searches of their cells. They may be placed in restraints when they are in their cells. They generally may not have visitors or use the telephone. They are not allowed to watch television or have radios in their cells. They are generally ineligible for educational and library programs. Their recreation is restricted relative to general population inmates. Prisoners subject to punitive segregation can lose some or all of their good time (credit towards completion of their sentence). They are also subject to other punishments, such as loss of commissary privileges.

On the other hand, inmates subject to punitive segregation or other types of restrictive housing must be served the same quality and quantity of food as that available to inmates in the general population (although inmates in restrictive housing are served their meals in their cells). Inmates in punitive segregation continue to have access to legal assistance. Inmates must have access to required medical, mental health, and dental services.

CONSEQUENCES FOR THE INMATE

Punitive Segregation

Inmates found to have violated the Code of Penal Discipline are subject to a variety of sanctions, including punitive segregation in the case of assault on prison staff and other serious offenses. Commitment to punitive segregation must be for a definite period, with the period depending on the type of offense the inmate has committed while incarcerated. The period is up to 30 days for conviction of assault on a DOC employee, holding an employee hostage, or rioting. Any inmate found guilty of these offenses must be reviewed for placement in administrative segregation (a less restrictive level of segregation) before he completes the punitive segregation sanction. Inmates who are a verified member of a security risk group (e.g., gangs) who are convicted of any other class A offense (e.g., assault on fellow inmates) can be placed in punitive segregation for up to 20 days. Inmates who are not members of these groups who are found guilty of class A offenses (other than assault on a DOC employee, taking an employee hostage, or rioting) are subject to 15 days of segregation. Any inmate convicted of a Class B offense (e.g., disobeying a direct order) can be placed in punitive segregation for up to 10 days. Inmates convicted of the least serious, Class C, offenses (e.g., disorderly conduct) are subject to punitive segregation only if they have been found guilty of offenses for the third time in a six-month period arising from separate incidents. When punitive segregation is imposed for multiple offenses arising from a single incident, it may be applied concurrently or consecutively. The maximum cumulative sentence to punitive segregation for offenses arising from a single incident may not exceed the accumulation of two consecutive sanctions.

In addition to punitive segregation, inmates found guilty of a class A offense must receive two of the following penalties:

1. reprimand,

2. loss of recreation privileges up to 30 consecutive days,

3. loss of telephone privileges up to 90 consecutive days,

4. loss of commissary privileges up to 90 calendar days during which time the inmate may not place an order,

5. loss or modification of social visiting privileges up to 60 consecutive days,

6. extra duty up to 24 hours which must be completed within one week of disposition,

7. confinement to quarters up to 15 consecutive days,

8. loss of social correspondence privileges (incoming and outgoing correspondence) up to 60 consecutive days, and

9. restitution for property theft or damage.

Inmates found guilty of a class B or C offense must receive one of these penalties.

When an inmate has been found guilty for the third time in any six month period arising from separate incidents, the sanction for the most recent offense may be taken from those authorized for the next higher class of offense. If the most recent offense is a Class A offense, then up to four of the penalties listed above may be imposed and up to 120 days of good time may be forfeited.

A disciplinary sentence for a Class B or C offense may be suspended for up to 60 days. (A disciplinary sentence for a Class A offense may not be suspended.) If the inmate does not commit a classified offense during the period of suspension, the suspended is not imposed. If the inmate commits a classified offense during the period of the suspension, the suspended sentence and any sentence resulting from the new offense are imposed. A sentence resulting from an offense committed during the time of a previously suspended sentence cannot be suspended.

Daily Security Checks

Inmates in punitive segregation are subject to daily security checks on first and second shift. Their cells must be searched whenever warranted and at least three times every seven day period on a random basis. The inmate must be observed by a correctional officer at least once every 15 minutes to see that the inmate is alive and breathing.

Restraints

Inmates in punitive segregation may be placed in restraints when they are in their cells. Such treatment must be approved by the shift commander or unit manager and reviewed by the facility chief of security or higher authority within five hours of initial placement. Any time an inmate is restrained in his or her cell, an incident report must be submitted in accordance with Administrative Directive 6. The unit administrator must be notified within 24 hours of any inmate is placed on in-cell restraint status. The facility chief of security, unit manager, or higher authority must approve the type of restraint in accordance with Administrative Directive 7.2. Inmates can only be placed in full stationary restraints when it is necessary to protect them from self-injury or to prevent damage to the cell.

The unit administrator must review inmates placed on in-cell restraints every 24 hours. An inmate retained for more than 72 hours must be reviewed by the appropriate district administrator. The facility shift commander or unit manager must observe each inmate at least once per shift. A health services staff member must observe each inmate at least twice each 24-hour period.

Visits

Generally, inmates in punitive segregation are not allowed to have visitors, other than attorney visits as needed and approved by the unit administrator or his or her designee. But non-contact visits are allowed at Level 4 facilities and above.

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Communications

Inmates in punitive segregation are not allowed to use the telephone, except as approved by the unit administrator on a case-by-case basis. They are limited to two books or periodicals at a time. Legal materials must be provided upon request as required to address those court issues that cannot wait until the inmate is released from restrictive status. Inmates may send and receive mail like general population inmates but may retain only five letters in their cells.

Access to Programs

Inmates in punitive segregation are generally ineligible for educational and library programs. But individual education plans must be maintained for those inmates under age 21 who are considered appropriate by the facility's Education Department. Recommendations from the Education Department must be accommodated, consistent with the security needs of the housing unit. Counseling, chaplaincy, and health services staff must tour the unit at least once every seven days. Inmates must have access to and be provided required medical, mental health, and dental services.

The inmates' work assignments are limited to cleaning and food service jobs in the housing unit and inmates may not hold seven day per week jobs.

Food, Showers, and Recreation

Inmates in punitive segregation or any other type of restrictive housing must be served the same quality and quantity of food as that available to inmates in the general population. But, unlike other inmates, they are served their meals in their cells. Inmate on restrictive housing status must normally be provided the same bedding items and laundry schedule as provided to inmates in the general population.

Inmates in punitive segregation are allowed to shower at least three times per week, with a 15-minute limit on how long they can be out of their cells. They are allowed to engage in recreational activities, in a controlled area, one hour per day, five days a week (excluding holidays). An inmate on restraint status may not engage in recreation with an inmate not on restraint status. A supervisor may deny recreation if the inmate presents a threat to the unit's safety and security. The reason for denial must be noted in the station log and an incident report completed. Inmates are not allowed to watch television or to have radios in their cells.

Loss of “Good Time”

Inmates can earn “good time” under certain circumstances, thereby reducing their period of incarceration. Under DOC administrative directive 9.4, prisoners subject to punitive segregation can lose some or all of their good time.

Normally, the maximum amount of good time that an inmate may lose is: (1) 90 days for a Class A offense; (2) 60 days for a Class B offense; and (3) 15 days for a Class C offense. But the forfeiture of earned good time may be doubled if the inmate is a member of a security risk group or if the offense involves:

1. assault on a DOC employee which is classified as a Level 2 assault,

2. the use of a dangerous instrument against another person, or

3. serious physical injury of another person.

The forfeiture of earned good time may be quadrupled if the offense involves a dangerous instrument and also results in serious injury. An inmate can lose all earned good time for:

1. committing a Level 1 assault on a DOC employee,

2. engaging in felonious misconduct,

3. holding a DOC employee hostage, or

4. rioting.

If an inmate has not yet earned sufficient statutory good time to satisfy a forfeiture, the good time must be deducted from any statutory good time earned during the course of the current incarceration.

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