do incarcerated persons have any rights

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nadine

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please advise....My son is incarcerated in Santa Rosa C.I. He was removed from Avon Park and placed in this facility as a result of some type of disturbance. I have recently learned that the Close Managment that he was placed under was overturned due to some technickal errors. I am now being told that, from what I can understand, they are in the process of re-writting that Disciplinary Report and taking charges back to July of last year from DR's that my son as already received pushment for. According to them this can be done according to charpter 33-601.800 F.A.C. Can you please advise me what this chapter involves? please see a copy of the email that I received.




After reading your e-mail I looked into the Close Management (CM) Placement of your son . It is true, the Disciplinary Reports were over turned due to technical errors in the writing of the reports. This does not reflect on their guilt or innocence, so it would not negate their placement on CM. We have been informed by the institution that wrote the DR's that they plan to re-write the DR's. They have 30 days to do so after being informed of the technical errors. We also use other valid documentation as criteria for CM placement. Incident reports, Use of Force Reports and memos may also be used as documentation to document inappropriate behavior. The event in question almost caused a major disturbance at Avon Park C.I. Since he was a prior CM inmate the DR he received for (7-1) Destruction of State property will also be considered in any decision made per chapter 33-601.800 F. A. C. We will be monitoring there-writing if the DR's as well as other pertinent information that Avon Park CI provides us to turn over to the State Classification Officer for any modification on your son's status. I made attemps to contact you by phone today.

Vernon D. Farley Assistant Warden
 
Honestly, I have no idea what is going on except that it seems that there is some internal procedure occurring in the jail. Does your son have representation? Why don't you call/write the warden or, better yet, contact the local bar association and ask them where you can get a copy of the code? It is possible that they have a law library that is open to the public.
 
Honestly, I have no idea what is going on except that it seems that there is some internal procedure occurring in the jail. Does your son have representation? Why don't you call/write the warden or, better yet, contact the local bar association and ask them where you can get a copy of the code? It is possible that they have a law library that is open to the public.

I would follow up on what the professor said in the quote. Also, you can just go to your states law library online, they SHOULD have the laws/codes right there. It's public information.

There are several sites(I can't speak for them good or bad) that are for persons jailed. Just google it. You would be well off to find one in the state you are talking about.

Prisoners have rights, not alot of rights, but they do have rights. Your son is a ward of the state, and somethings just can't be complained about.

Your son just needs to read up on the proper procedure for making these complaints. This seems to be the hold up.

From small claims court to the US Supremes, from child support to hunting and fishing, it all comes down to procedure. Get a copy of the prison manuel, memorize it if you must, and follow procedure. Things may work out yet.

You could, if you wanted, retain a lawyer for guidance. You don't need to pay a lawyer to draw up the papers, you can do it. (or your son). But, a lawyer would be nice to have on hand when you have a question about the procedure you must follow.

Good luck.
 
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