MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
 
ARTICLE 303.  SHORT-TERM IMPRISONMENT

Section 303.6. Discipline and Control.

 (1) The Warden or other administrative head of each correctional institution shall be responsible for the discipline, control and safe custody of the prisoners therein.  No prisoner shall be punished except upon the order of the Warden or other administrative head of the institution or of a deputy designated by him for the purpose;  nor shall any punishment be imposed otherwise than in accordance with the provisions of this Section.  The right to punish or to inflict punishment shall not be delegated to any prisoner or group of prisoners and no Warden or other administrative head shall permit any such prisoner or group of prisoners to assume authority over any other prisoner or group of prisoners.

 (2) Except in flagrant or serious cases, punishment for a breach of discipline shall consist of deprivation of privileges.  In case of assault, escape, or attempt to escape, or other serious or flagrant breach of discipline, the Warden or other administrative head may order that a prisoner's reduction of term for good behavior in accordance with Section 303.8 be forfeited.  For serious or flagrant breach of discipline, the Warden or other administrative head may confine the prisoner, in accordance with the regulations of the Department of Correction, to a disciplinary cell for a period not to exceed [ten] days, and may order that the prisoner, during all or part of the period of such solitary confinement, be put on a monotonous but adequate and healthful diet.  A prisoner in solitary confinement shall be visited by a physician at least once every twenty-four hours.

 (3) No cruel, inhuman, or corporal punishment shall be used on any prisoner, nor is the use of force on any prisoner justifiable except as provided by Article 3 of the Code and the rules and regulations of the Department of Correction consistent therewith.

 (4) The Warden or other administrative head of an institution shall maintain a record of breaches of rules, of the disposition of each case, and of the punishment, if any, for each such breach.  Each breach of the rules by a prisoner shall be entered in his file, together with the disposition or punishment therefor.
 
 

ARTICLE 304.  LONG-TERM IMPRISONMENT

Section 304.7. Discipline and Control.

 (1) The Warden or other administrative head of each correctional institution shall be responsible for the discipline, control and safe custody of the prisoners therein.  No prisoner shall be punished except upon the order of the Warden or other administrative head of the institution or of a deputy designated by him for the purpose;  nor shall any punishment be imposed otherwise than in accordance with the provisions of this Section.

 (2) The Warden or other administrative head of each correctional institution shall appoint a Committee on Adjustment [disciplinary committee] from among the staff of the institution, which shall include a member of the treatment service, a member of the custodial service, and an institutional physician. The Warden or other administrative head may designate himself or a deputy as chairman of the Committee.  The Committee shall give notice to any prisoner who has been reported for a breach of discipline, shall determine after a hearing whether the prisoner has committed an intentional breach of the rules, and shall recommend to the Warden or other administrative head an appropriate disposition of the matter subject to the provisions of this Section.  No prisoner shall be punished until he has had such a hearing, but the recommendation of the Committee shall not be binding on the Warden or other administrative head or his deputy.

 (3) Except in flagrant or serious cases, punishment for a breach of the rules shall consist of deprivation of privileges.  In cases of assault, escape, or attempt to escape, or other serious or flagrant breach of the rules, the Committee on Adjustment [disciplinary committee] may recommend to the Warden or other administrative head, and he may order, that a prisoner's reduction of term for good behavior and faithful performance of duties be forfeited or withheld in accordance with Section 305.4.  For serious or flagrant breach of the rules, the Committee on Adjustment [disciplinary committee], in accordance with the regulations of the Department, may also recommend, and the Warden or other administrative head may order, that the offender be confined in a disciplinary cell for a period not to exceed thirty days.  The Committee on Adjustment [disciplinary committee] may recommend, and the Warden or other administrative head may order, that a prisoner, during all or part of the period of such solitary confinement, be put on a monotonous but adequate and healthful diet.  A prisoner in solitary confinement shall be visited by a physician at least once every twenty-four hours.

 (4) No cruel, inhuman, or corporal punishment shall be used on any prisoner, nor is the use of force on any prisoner justifiable except as provided by Article 3 of the Code and the rules and regulations of the Department consistent therewith.

 (5) The Warden or other administrative head of an institution shall maintain a record of breaches of rules, of the disposition of each case, and of the punishment, if any, for each such breach.  Each breach of the rules by a prisoner shall be entered in his file, together with the disposition or punishment therefor.

 (6) The Committee on Adjustment shall recommend to the Warden or other administrative head that a prisoner who is considered to be incorrigible by reason of frequent intentional breaches of discipline, or who is detrimental to the discipline or the morale of the institution, be reported to the Director of Correction for transfer to another institution for stricter safekeeping and closer confinement.