BackThe Iowa Department of Corrections' (DOC) encouragement of an "open-door policy" between its prison staff and administrative law judges (ALJ) differs from other state agencies and violates inmates' due-process rights in disciplinary hearings, the Office of Ombudsman has concluded.
That was one of several key findings of a report issued today by the Ombudsman following its investigation of an inmate's disciplinary case at the Fort Doge Correctional Facility (FDCF). The 39-page report, entitled "Neither Fair Nor Impartial", also expressed concerns with DOC's practice of determining the seriousness of rule violations at the end of the inmate disciplinary process, rather than the beginning.
Under state and federal law, prison inmates who face an extension of their prison sentences through disciplinary proceedings are entitled to an impartial decision-maker and advance notice of the specific allegations against them. The Ombudsman concluded that both of those legal requirements were violated in the case of former FDCF inmate Randy Linderman.
DOC declined to accept any of the Ombudsman's nine recommendations to rectify Linderman's complaint and to repair or clarify its disciplinary policies and practices.
Ombudsman Ruth Cooperrider said she was disappointed with DOC’s response, which offered little explanation for its decision.
“I believe we laid our cogent reasons and legal principles from court cases in support of our conclusions,” Cooperrider said. “It concerns me that DOC is not willing to take any of the steps I recommended to ensure fair and impartial disciplinary proceedings and compliance with its policies.”
Please find the full Press Release HERE.
Source: Ombudsman of Iowa, USA
