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8. Court Related Proceedings
Chapter G
52
Criminal Justice
Professional
10/22/2014

Additional Criminal Justice Flashcards

 


 

Cards

Term
A Pending Charge is deemed pending when information is received from a reliable and
credible source that a criminal, civil or status action has been initiated against an inmate by
a recognized authority and is awaiting resolution; however, no official documentation has
been received requesting the DOP to transfer custody of the offender to that authority upon
discharge from prison.
T/F
Definition
TRUE
Term
A Detainer is an officially documented request from a recognized authority to DOC to provide
notice of an inmate's release and requires DOC to transfer custody to the requesting authority
or their agent, based on civil, criminal, or status actions at release.
T/F
Definition
TRUE
Term
A Notification is an officially documented request for DOC to formally notify the requesting
authority of an offender's release consideration so a decision can be made regarding further
action by that authority.
T/F
Definition
TRUE
Term
Correctional staff can access Detainer information on OPUS screens:
Definition
OR44 and OR45
Term
Facility staff are responsible for viewing the IP76 screen daily and shall ensure inmates are
transported to court. Transportation officers shall be provided a copy of the court's writ
prior to departing the facility in case questions arise related to the court appearance.
T/F
Definition
TRUE
Term
Captain Strong has just received a detainer from the State of Maryland in the mail on an
inmate who was transferred from your facility. What should Captain Strong do with the
detainer?
Definition
Send it to Combined Records
Term
If a prosecutor files a detainer on an inmate and does not proceed within 6 months, the
detainer will be withdrawn and cannot be refiled.
T/F
Definition
TRUE
Term
Ken Teague, Case manager, discovers that an inmate on his case load has serious pending
felony charges for sexual assault and murder. What should Mr. Teague do?
Definition
Generate reclassification action for a custody review and if necessary, job/program removal,
after insuring info has been recorded on the OR45 screen.
Contact the Clerk of Court or District Attorney to verify info.
Notify Institutional Classification authority.
Term
Each time an inmate has a custody evaluation, the unit/institution staff will verify any and
all pending charges/detainers recorded on the Detainers and Pending Charges screen (OR45)
with the appropriate Clerk of Court or District Attorney.
T/F
Definition
TRUE
Term
How long prior to an inmate's release must Combine Records notify the authority to receive
custody of the inmate on a detainer?
Definition
30 days
Term
Unit/Institution staff can obtain information about scheduled detainer releases in a selected
time period by viewing the OR46 screen in the automated inmate record system. Any
correspondence sent or received on a particular inmate regarding detainers can be accessed
by the unit/institution on the OR47 screen.
T/F
Definition
TRUE
Term
Inmate Blades is scheduled to be released today and has pending charges in Union county.
The Union county Law enforcement agent has not arrived and it is 4:00pm on inmate Blades
release date. What should you do if you are the Officer-in-charge?
Definition
Arrange Blades release to the local Sheriff
Term
If it is an inmate's release day and a detainer is issued by Immigration and Customs
Enforcement for deportation, DOP may hold the inmate for 48 hrs excluding holidays and
weekends to aid ICE Officers in assuming custody. ICE should contact the releasing facility
prior to the release date and request holding the inmate. The inmate should then be placed
in Administrative Segregation for this period of confinement after his/her release date.
T/F
Definition
TRUE
Term
Inmate Wright has 2 detainers on file from Wake county and Ashe county in N.C. It is inmate
Wright's release day. Which of the requesting agencies have priority to take custody of
inmate Wright?
Definition
The agency with the earliest detainer on file
Term
Inmate Peete is near his release date. Peete has detainers from Texas and North Carolina.
Both authorities have called and requested that inmate Peete be released into their custody.
To which authority will you release inmate Peete?
Definition
North Carolina because in-state detainers have precedence over out-of-state detainers
Term
Every inmate committed to DOC shall be afforded reasonable access to the courts. In an
effort to provide such access, DOC will contract for attorneys to provide inmate assistance.
T/F
Definition
TRUE
Term
Inmates are counseled and encouraged to utilize the Legal Services contractor in order to
access the courts. No inmate will be penalized due to allegations against the Department of
Correction or its employees presented in petitions and complaints.
T/F
Definition
TRUE
Term
In accordance with G.S. 15-176, when an inmate appears in any Criminal court proceeding
as a party, the inmate must wear what type of clothing?
Definition
Civilian clothes
Term
Unless otherwise directed by the Attorney General's office, inmates appearing in court for
civil action will be neatly attired in what type of clothing?
Definition
Prison clothes commensurate with their custody grade
Term
Each facility will have available a Notary Public to notarize legal papers for inmates at
reasonable times.
T/F
Definition
TRUE
Term
Newly admitted inmates will be provided orientation in the Diagnostic and Reception center
regarding availability of legal assistance from the contractor.
T/F
Definition
TRUE
Term
For legal issues, inmates will be provided with paper, carbon paper, and writing implements
with which the legal services contractor may be contacted. The Department will NOT provide
typewriters but must provide photocopy services for the preparation of legal documents.
T/F
Definition
FALSE
Term
DOC will NOT provide law libraries, legal texts, or other legal materials for inmates.
T/F
Definition
TRUE
Term
Special provisions are established for non-English speaking or illiterate inmates. The
Superintendent/designee will initiate contact on behalf of any non-English speaking or
illiterate inmate who makes it known that legal assistance is requested. After contacting
the contractor, the Superintendent is responsible for providing assistance, which may be
needed.
T/F
Definition
FALSE
Term
Inmates may retain private counsel for legal representation or represent themselves in
matters before the courts.
T/F
Definition
TRUE
Term
In exceptional situations where legal deadlines make a personal visit or correspondence
impractical, attorneys may initiate a request with the Department's General Counsel Office
for approval to contact inmate clients by telephone. Authorization will be provided to the
Facility Head by the Department's General Counsel Office.
T/F
Definition
TRUE
Term
The establishment of the Attorney Assistance program with a duly licensed legal services
contractor negates the need for one inmate to provide legal assistance for another inmate.
It shall be a disciplinary infraction for inmates who provide legal services to other inmates
or otherwise practice law as defined by G.S. 84-2.1 Inmates who violate this rule may be
charged with violating disciplinary offense D-16 or prosecuted under G.S. 84-4 and G.S. 84-8.
T/F
Definition
TRUE
Term
The Grievance form is the …
Definition
DC 410
Term
DOC employees who intentionally obstruct the Grievance process shall be subject to
disciplinary action.
T/F
Definition
TRUE
Term
If an inmate has an active grievance on file, the inmate may submit a new grievance once
the initial grievance has been resolved or completed:
Definition
Step 2
Term
If one or more inmates file a grievance concerning the application of general policies or
practices, or acts arising out of the same incident, these grievances will be processed as a
group and logged as a group.
T/F
Definition
FALSE
Term
Inmate Brooks files a grievance on Sgt Hicks. Sgt Hicks is assigned by his supervisor to
screen and investigate the grievance by inmate Brooks. By policy Sgt Hicks should:
Definition
Request another investigator screen and answer the grievance
Term
Which of the following is NOT a reason for rejecting a grievance:
Definition
Has a time lapse of more than 6 months
Term
The Disciplinary Hearing Officer (DHO) finds inmate Trubble guilty of an A13 charge for
refusing to submit to a drug test. Inmate Trubble files a grievance complaining about the
A13 charge and that it is a violation of his rights as a U.S. citizen. What action should be
taken with inmate Trubble's grievance?
Definition
The grievance should be rejected
Term
From filing to final disposition, all grievances shall be processed within how many days?
Definition
90
Term
The time frames of the Steps of the Grievance process are:
Definition
Screen grievance - 3 days
Step 1 - 15 days (1 day to appeal)
Step 2 - 20 days (1 day to appeal)
Step 3 - 20 days (IGE)
30 days (Secretary of Correction)
Term
If, at any step of the grievance procedure, a response is not made within the prescribed time
limits, the grievance will be forwarded to the next step for review.
T/F
Definition
TRUE
Term
Inmates who file grievances will be notified of acceptance or rejection in writing within:
Definition
3 days
Term
Emergency grievances concerning an inmate's fear for his/her personal safety should be
forwarded immediately and the inmate may contact the OIC or any other custodial official.
T/F
Definition
TRUE
Term
Administrative transfers are considered Emergency grievances.
T/F
Definition
FALSE
Term
Administrative transfers, sentence time computations, disputes, and family illness or death
are filed as Emergency grievances and inmates contact the Chaplain and Case Mgr for help.
T/F
Definition
FALSE
Term
If an inmate believes that a grievance is of a confidential nature, his grievance may be filed
directly with the Director of Prisons and mailed as legal mail. The inmate must clearly
explain the nature of the complaint and reasons for not following the regular grievance
procedure. If the Director determines that the grievance is not of a confidential nature, the
grievance shall be rejected at the Step 1 process.
T/F
Definition
FALSE
Term
Inmate Trotter files a grievance and is transferred the same day to Central Prison.
What should be done with inmate Trotter's grievance?
Definition
Grievance answered and forwarded to Central Prison
Term
Who appoints the Grievance Resolution Board?
Definition
Governor
Term
The Grievance Resolution Board will consist of five members and three members shall be
Attorneys selected from a list of ten persons recommended by the Director of Prisons.
T/F
Definition
FALSE
Term
The primary focus and philosophy of the Court Ordered Probationer program is
Educational and Informative.
T/F
Definition
TRUE
Term
Court Ordered Probationer tours for Juvenile Offenders may NOT take place at any prison in
the Division of Prisons. DCC will be provided a list of designated facilities.
T/F
Definition
TRUE
Term
Probation Officers must prearrange tours for court ordered probationers at least five
working days in advance and have the approval of the Superintendent and the Program
Coordinator. The tour should be conducted with the Probation Officer present.
T/F
Definition
TRUE
Term
The maximum ratio of Court Ordered Probationers should be 6 probationers to one staff (6:1)
T/F
Definition
FALSE
Term
Inmates selected and trained to speak to Court Ordered Probationers should be infraction
free for how long prior to the date of the tour?
Definition
6 months
Term
Probation Officer Justice reports to your unit with 16 adult probationers. Officer Justice has
a court order instructing your unit to allow the tour. According to policy, how many staff
members are required to conduct the tour?
Definition
2
Term
Probation Officer Jones reports to your unit unannounced with 16 juvenile probationers.
Officer Jones asks your unit to allow the tour. According to policy what should you do?
Definition
Deny the tour and notify Jones that Juvenile probationers are not allowed visits
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