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eBook details

• Title: State Ex Rel Williams v. Department of Military Affairs and Public Safety
• Author : Supreme Court of Wyoming
• Release Date : January 11, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

The petitioners, Michael A. Williams, Brett McClaskie, Gregory Mitchell, Dwight Warren, and John Thacker [hereinafter collectively referred to as "Williams" or "the petitioners"], individuals incarcerated at Huttonsville Correctional Center [hereinafter referred to as "HCC"], seek relief through the extraordinary remedy of mandamus for alleged injustices committed by Division of Corrections officials at its Huttonsville facility. Specifically, the petitioners challenge HCCs procedures for (1) restoring good time credit that has been revoked in conjunction with an inmates disciplinary violation and (2) notifying prisoners of alleged disciplinary violations. Upon review of the parties briefs, supporting arguments, and pertinent authorities, we grant as moulded the requested writ of mandamus. In sum, W.Va. Code §28-5-27(f) (1984) (Repl. Vol. 2001) grants to the Commissioner of Corrections the sole authority to promulgate disciplinary rules for the correctional institutions under his/her control, which authority includes the power to approve requests to restore an inmates previously forfeited good time credit. Additionally, the restoration of an inmates previously forfeited good time credit should be accomplished on a case-by-case basis in accordance with W.Va. Code §28-5-27(f) (1984) (Repl. Vol. 2001) and any policies or procedures implemented by the Commissioner of Corrections thereunder. Finally, notice of alleged disciplinary violations must be provided to the charged inmate within a reasonable time of the occurrence giving rise to such disciplinary proceedings and should be stated with such specificity as to permit the inmate to understand the nature of the charge(s) against him/her.

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