Q: Can my son be placed on 60 days lock up for something while incarcerated and then be charged with the same offense when
My son received 60 days on lock up while incarcerated, for CON POSS/REC CDS WH CONF/DET. Once he is released can they charge him for the same thing, formally.
A: Generally, administrative disciplinary actions taken against prisoners for misconduct and rules violations, and to maintain disciplinary order within the prison, are not deemed “punishment” for purposes of double jeopardy that would bar a subsequent criminal prosecution for the conduct that triggered the administrative sanctions. The punishment would have to be excessive and not reasonably related to maintaining prison rules, order and safety. Lockdown confinement for a period of time (more than a month) has been found to be a reasonable administrative sanction that does not implicate double jeopardy.
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