Does an inmate subject to disciplinary sanctions that include the loss of good time credits need to receive advance written notice of the charge?

MultiRegion, United States of America

The following excerpt is from H-86959 v. Kernan, Case No.: 3:16-cv-2462-BAS-NLS (S.D. Cal. 2019):

9. As discussed in greater detail in Section V (D), an inmate subject to disciplinary sanctions that include the loss of good time credits must receive (1) twenty-four-hour advanced written notice of the charges against him, (2) a written statement by the fact finder as to the evidence relied on and the reasons for the action, (3) an opportunity to call witnesses and present documentary evidence where doing so "will not be unduly hazardous to institutional safety or correctional goals," (4) assistance at the hearing if he is illiterate or if the matter is complex and (5) a sufficiently impartial fact finder. Wolff v. McDonnell, 418 U.S. 539, 563-566, 570 (1974).

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