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UNITED STATES EX REL. HOSS v. CUYLER

August 2, 1978

UNITED STATES of America ex rel. Stanley HOSS
v.
Julius T. CUYLER et al.



The opinion of the court was delivered by: LUONGO

This 2nd day of August, 1978, upon consideration of the submissions of counsel pursuant to this Court's Order of May 1, 1978, it is ORDERED, ADJUDGED and DECREED that the following criteria are approved for use by officials of the State Correctional Institution at Graterford with respect to inmates in administrative segregation for security purposes in determining whether continued segregated confinement of an inmate as a security risk is warranted:

 I. Conduct Record

 A. Misconducts

 
The Program Review Committee may consider the following factors relating to misconducts committed by an inmate while in administrative segregation in determining whether continued administrative confinement of the inmate as a security risk is warranted:
 
1. Nature and seriousness of the misconducts--whether they reflect instability and inability to adjust to institutional living, lack of self-control, inability to cope with stressful situations in appropriate ways, or potential dangerousness to others.
 
2. Recentness of the misconducts.
 
3. Frequency of misconducts--whether they disclose a pattern of offensive behavior.
 
B. General behavioral pattern apart from misconducts
 
The Program Review Committee may consider:
 
1. Behavior over an extended period of time to ascertain a picture of the life-style of the individual, with an eye toward patterns incompatible with the peaceful, stable, and safe operation of the institution.
 
2. Behavior exhibited and attitudes expressed since the previous review to determine any positive or negative changes that are relevant to the need for continued segregation.

 II. Psychiatric and Psychological Reports

 
Although behavioral prediction cannot be precise, psychological and psychiatric reports may indicate certain features of personality which relate to ...

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