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PRISONER TRANSFERS AND DUE PROCESS

NCJ Number
31228
Author(s)
A W TURNER
Date Published
1975
Length
25 pages
Annotation
DISCUSSION OF FEDERAL COURT DECISIONS DEALING WITH THE CONSTITUTIONALITY OF INTER-INSTITUTIONAL TRANSFERS OF ADULTS.
Abstract
CONSIDERED ARE ARGUMENTS FOR AND AGAINST DUE PROCESS APPLICABILITY IN CASES INVOLVING A CHANGE IN SECURITY STATUS, AS WELL AS THOSE INVOLVING NO CHANGE IN STATUS. A DISTINCTION BETWEEN PUNITIVE AND ADMINISTRATIVE TRANSFERS IS ALSO DRAWN. IN ADDITION, THE PROCEDURAL SAFEGUARDS REQUIRED AFTER A COURT HAS DETERMINED THAT THE DUE PROCESS CLAUSE APPLIES TO A PARTICULAR SET OF FACTS ARE ANALYZED. THE POSSIBLE EXPANSION OF THESE DUE PROCESS REQUIREMENTS TO THE AREAS OF TRANSFER REQUESTS, THE RIGHT OF TRANSFER, AND INMATE CLASSIFICATIONS IS NOTED.

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