Navigating Disciplinary Infractions

While serving 26 years in federal prison, I learned how essential it was to respond strategically to challenges—especially when facing disciplinary actions. Recently, Ms. James reached out to share her husband James’s experience with a serious disciplinary infraction while incarcerated in a federal prison.

In this blog, I want to walk you through his situation and provide insight into how to handle such scenarios, which can easily surface during a time in prison. 

Every challenge presents an opportunity to learn, adapt, and plan for the future. Whether you’re directly affected or supporting a loved one inside, understanding the steps to respond to a disciplinary infraction is critical for maintaining rights and preparing for potential legal action. 

Here’s an in-depth breakdown of the situation, advice I gave Ms. James, and the steps others can follow when navigating a similar situation. 

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Overview of the Incident 

James received a Series 108 disciplinary infraction for possession of a cell phone and other contraband (vape, chargers, and cables). According to the incident report, the items were discovered during a search by Bureau of Prisons (BOP) staff in a secured locker within James’s cubicle. 

However, James disputed many details of the report, asserting the following: 

• His locker was not locked and had been disrupted during an SIS (Special Investigative Services) raid. 
• He has never possessed or used a vape. 
• The contraband allegedly found could not fit into a single manila folder. 
• A folder bearing his name—which reportedly contained the contraband—was found on the opposite side of his housing unit after being moved by another inmate. 

While James admitted that the cell phone existed, he denied involvement with the vape and other items listed in the report. 

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Timeline Discrepancies Highlighted by James 

• Incident Occurrence: 03/26/2025 at 9:55 AM. 
• Incident Report Written: 03/27/2025 at 9:14 AM. 
• Notification to James: 03/27/2025 at 6:00 PM, but with incomplete documentation regarding how the delivery of the notification was handled. 

He is now scheduled for a hearing with the Disciplinary Hearing Officer (DHO). Preparing for this hearing has been challenging due to limited commissary access, which restricts his ability to obtain resources like copies, envelopes, and stamps. 

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Strategic Plan to Address Disciplinary Issues 

For James and his family, navigating this process involves two essential components: preparing for the disciplinary hearing and utilizing the administrative remedy process to pursue appeals if necessary. 

Below I offer the practical, chronological approach I shared with Ms. James.

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Immediate Focus – The DHO Hearing 

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What to Expect: 

The DHO hearing usually takes place a few days after the incident report is issued. Following the hearing, James will receive the decision and disciplinary sanctions, typically within 24 hours (though written notification may take longer). 

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Likely Sanctions: 

A 100-series infraction like possession of a cell phone often results in significant penalties, including: 

• Placement in the Special Housing Unit (SHU). 
• Loss of commissary privileges, phone usage, and visitation rights for up to one year. 
• Adverse impact on time-credit eligibility and family communication. 
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Critical Steps After the Hearing – Administrative Remedy Process 

Under the Prison Litigation Reform Act (PLRA), individuals must fully exhaust the administrative remedy process before pursuing any legal challenge. The process includes escalating appeals through three levels.
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Step 1. Review the DHO’s Written Decision 

• Timeline: The DHO decision is typically delivered within 15 business days of the hearing. 
• Action: James must carefully review and record the details of the decision as soon as it's received. This document is crucial for any appeals. 
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Step 2. File an Appeal with the Regional Director (BP-10 Form) 

• Timeline: James has 20 calendar days from the date he receives the DHO’s written decision to file the BP-10 form. 
• Actions to Take:
  
  • Request a BP-10 form from Unit Counselors or staff. 
  • Reference specific issues, such as inconsistencies in the incident report or discrepancies in the investigation. 
  • Keep a clear, legible copy of the submission and document who receives it and when. 
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Step 3. File an Appeal with the Central Office (BP-11 Form) 

• Timeline: If the Regional Director denies the BP-10 appeal, James must escalate with a BP-11 form within 30 calendar days of receiving the denial. 
• Actions to Take:
  
  • Request the BP-11 form from staff. 
  • Detail the specific errors made by the Regional Director and why the decision was invalid. 
  • Record all submission details. 
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Administrative Responses and Extensions 

• The Regional Director (BP-10) must respond within 30 days, and the Central Office (BP-11) has 40 days to reply. 
• If extensions are required, BOP can request an additional 30–60 days. James should document all delays and responses. 
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Building a Defense Strategy 

During the DHO hearing and throughout the appeals process, James must focus on presenting factual discrepancies and procedural violations. Here are key defenses to highlight:
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1. Factual Discrepancies 

• Locker Security: Argue that his unsecured locker during an SIS raid could have been tampered with or used by others. 
• Physical Impossibility: Demonstrate how the reported contraband could not fit within the folder. 
• Ownership Disputes: Question the finding of an item-bearing James’s name discovered on the opposite side of the housing unit. 
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2. Chain of Custody Concerns 

• Highlight the movement of evidence (the manila folder) as a potential custody violation. Request details on how evidence was handled and documented. 
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3. Procedural Errors 

• Point out the incomplete documentation in the “Delivered to inmate” section of the incident report. 
• Highlight timing issues between the incident and the notification process, as these can indicate lapses in protocol. 
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4. Witness Support 

• Seek testimonial statements from other inmates who can corroborate James’s account, such as the unsecured locker or mishandling of evidence. 
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5. Surveillance Footage 

• Request any available surveillance of the incident or the SIS raid. Denials of access should be documented for later appeals. 
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6. Due Process Violations 

• Highlight any inconsistencies or procedural missteps in the investigation and report-handling process. These may provide grounds for an appeal based on procedural fairness. 
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Lessons for Families and Supporters 

Supporting a loved one through the disciplinary process inside a federal prison requires patience, organization, and consistent documentation. Here’s what families can do to help ensure the best outcome:

• Assist with gathering evidence and preparing appeals by staying informed about timelines and forms. 
• Encourage diligent documentation of every interaction James has with staff during the disciplinary process. 
• Provide emotional support—disciplinary infractions can take a toll on mental health and family dynamics. 

Navigating the Bureau of Prisons system is challenging, but a methodical approach can lead to fairer outcomes and safeguard against further complications. 
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Wrapping Up 

Disciplinary sanctions can have long-term consequences on incarcerated individuals, including extended time inside and reduced family communication. By following the steps outlined here, James and his family are better equipped to handle this process with diligence and strategy. 

Move forward deliberately, with confidence that better times are ahead.

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