EFTA00140372.pdf

BP.A0304 DISCIPLINE HEARING OFFICER REPORT JAN 17 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU PRISONS Institution: MCC New York, New York NAME OF INMATE: Tartglione, Nicolas Date of Incident Report: June 26, 2019 Date of Incident: June 26, 2019 Incident Report number: 3281411 REG. NO.: 78514-054 Offense Code: 108 UNIT: 5 Unit Team Summary of Charges: Possession of a Hazardous Tool I. NOTICE OF CHARGE(S) A. Advanced written notice of charge (copy of Incident Re rt) was given to inmate on (date) 07-20-2019 at (time) 2:00 p.m. (by staff member) , Lieutenant B. The DHO Hearing was held on (date) 08-01-2019 at (time) 9:21 a.m. C. The inmate was advised of the rights before the DHO by (staff member): a Correctional Counselor on (date) 07-23-2019 and a copy of the advisement of rights form is attached. II. STAFF REPRESENTATIVE A. Inmate waived right to staff representative. Yes X No B. Inmate requested staff representative and N/A appeared. C. Staff Representative statement: N/A D. Requested staff representative declined or could not appear but inmate was advised of option to postpone hearing to obtain another staff representative with the result that: (New Staff Representative Name) N/A was selected. E. Staff representative N/A was appointed. III. PRESENTATION OF EVIDENCE A. Inmate X (admits) (denies) (Neither) the charge(s). B. Summary of inmate statement: Inmate Tartglione, Nicolas Register No.: 78514-054 stated he was issued a copy of the incident report. He did not request a staff representative, nor did he request witnesses provide testimony on his behalf during his hearing. He did not submit any documentary evidence for review by the DHO. He stated he understood his rights before the DHO and he was ready to proceed with his DHO hearing. Inmate Tartglione, Nicolas Register No.: 78514-054 stated the incident report was true. "Yes that is true, that was my Cellphone. I used the Cellphone; I take responsibility for my actions. I am guilty." C. Witnesses: 1. The inmate requested witnesses. Yes No X 2. The following persons were called as witness at this hearing and appeared: N/A 3. A summary of the testimony of each witness is attached N/A. 4. The following persons requested were not called for the reason(s) given: N/A 5. Unavailable witnesses were requested to submit written statements and those statements received were considered N/A EFTA00140372 0P-A03N DISCIPLINE HEARING OFFICER REPORT JAN 17 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU PRISONS Name of Inmate: Tartglione, Nicolas Reg. No.: 78511-051 Hearing Date: August 1, 2019 D. Documentary Evidence: In addition to the Incident Report and Investigation, the DHO considered the following documents: Photograph depicting the black cellphone found in po ion of inmate Tartglione, Nicolas Register No.: 78514-054 during a search by the reporting staff member, on June 26, 2019, at approximately 3:15 p.s., in his assigned living area (cell 516), in the MCC New York Inmate Housing Unit, during a search by the reporting staff member. E. Confidential information was used by DHO in support of his findings, but was not revealed to the inmate. The confidential information was documented in a separate report. The confidential information has been (confidential informants have been) determined to be reliable because: N/A IV. FINDINGS OF THE DHO X A. The act was committed as charged. B. The following act was committed: C. No prohibited act was committed: Expunge according to Inmate Discipline PS. 2 EFTA00140373 BP.A0304 DISCIPLINE HEARING OFFICER REPORT JAN 17 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU PRISONS Name of Inmate: Tanglione, Nicolas Reg. No.: 78514-054 Hearing Date: August 1, 2019 V. SPECIFIC EVIDENCE RELIED ON TO SUPPORT FINDINGS (Physical evidence, observations, written documents, etc.): ***Administrative Note/ The Dff0 notes the incident report (24281411) was suspended on Juno 26, 2019, pending ROSA referral. On July 19, 2019, the SIR Department released the incident report for administkative processing, due to being declined for prosecution by the AURA/Pei. On July 20, 2019, at 2:00 Sta., inmate Tartglione, Nicolas Register Number.: 78$14-054; wan Issued a copy of this incident report, this incident report was investigated and referred to the UDC review. The UPC review wee conducted on 013y 23, 2019, and referred to the DUO for final disposition. All in accordance with the guidelines of P.B. 5270.09. In reference to Timelines, and Delays in reference to processing an incident report referred for Criminal Prosecution consideration/review and amending to make corrections. There was no evidence that this delay in any way hindered inmate Tartglione's ability to defend himself against the charges. Your due process rights were read, and reviewed with you by the DUO, at the time of your hearing. You stated you understood your rights, and had no documentary evidence to present. You did not request the services of a staff representative. You did not request any witnesses provide testimony on your behalf. Based on some facts/evidence the DUO concluded the prohibited act of Possession of a Hazardous Tool (Cellphone) was committed. The DUO based his decision on the following evidence: The DUO based this finding upon the reporting officer's written statement: `On June 26, 2019 at approximately 3:15 p.m., while walking to Tier 2 Cell 516 in unit 5 North I observed inmate Tartaglione 78514-054 conceal what appeared to.be a small black object with battery attachment in his sweat pants. I then gave Inmate Tartaglione a direct order to place his hands on the wall so I can conduct a pat search. While conducting the pat down search on inmate Tartatglipne a black phone fell from his shorts. I then ordered inmate Tartagliono to leave the tier. Inmate Tartaglione was escorted to the sally port, placed in restraints then escorted to special housing unit. Operations Lieutenant was notified with no further incident' In addition, the DUO considered your testimony during the DUO hearing, in which you admit the incident report was true. You stated, am guilty the cellphone was mine.° You admit guilt of p ing the Black Samsung cellphone on your person during a pat search by the reporting staff member, as described in section 11 of the incident report. In addition, the DUO considered the photograph depicting the black cellphone found in possession of inmate Tartglione, Nicolas Register No.: 78514-054 during a search by the reporting staff member, on June 26, 2019, at approximately 3:15 p.m., in his assigned living area (cell 516), in the MCC New York 5 North Inmate Housing Unit, during a search by the reporting staff member. Clearly this information/evidence corroborates the fact you were indeed found in po ion of an unauthorized Cell Phone, as described in the section 11 narrative of the incident report. NOTE: To po identified. means to have on one's person/under one's dominion or control of hard contraband Based on the evidence submitted in reference to this incident report, your reported actions met the threshold for po ion of cell phone as described above. Based on some facts/evidence, the DM0 found you committed the prohibited act' of Possession of hazardous tool (Cell Phone), code 108. VI. SANCTION OR ACTION TAKEN: Code 108: Disallowance Good Conduct Time: 41 Days Disciplinary Segregation: 60 Days Loss of PrivilegesaVisit: 365 Days Offense Severity 108 SGT Available N/A 3 EFTA00140374 BP-A0304 JAN 17 U.S. DEPARTMENT OF JUSTICE DISCIPLINE HEARING OFFICER REPORT FEDERAL BUREAU PRISONS Name of Inmate: TartgIlona. Nicolas Reg. No.: 78514-054 Hearing Date: August 1, 2019 VII. REASON FOR SANCTION OR ACTION TAXEN: The action/behavior on the part of Possession of a Hazardous Tool (Cellphone) significantly threatens the health, safety, and welfare of not only himself, but of all persons, whether another inmate or any other person, who are involved in the act. This will not be tolerated. Past evidence has shown that disruptive conduct has led to serious damage to the institution, as well as serious injury to staff and inmates involved and not involved in the disruptive conduct. The sanctions imposed by the DHO were taken to inform the inmate that he will be held responsible for his actions/behaviors at all times. The sanction involving Disciplinary Segregation was taken to deter any further negative behavior, and to enforce the standard of inmates being held responsible for their actions. The sanctions imposed involving Disallowance of Good Conduct Time and Loss Privileges-Visit, and Monetary fine were also taken to enforce the standard of inmates being held responsible for their actions. It is believed, and past evidence has supported that this type of behavior can be disruptive to the Security or Orderly Running of a BOP Facility and cannot be tolerated. The DHO considered your continued disruptive behavior, also your willingness to accept FULL responsibility for your actions, and the seriousness of this particular prohibited act infraction. The fact there is a zero tolerance for inmates to utilise or po any types of hazardous tools or accessories (collphones) in a Correctional Setting, when determining your slightly progressive sanctions for this prohibited act. You should be aware, any future disruptive behavior, will be cause for the DUO to consider more significant progressive disciplinary sanctions, in accordance with P.S. 5270.09, Page 55, in an effort to convince you this type of behavior is not acceptable, and it is imperative to abide by all institutional rules, and regulations. This type of behavior will ABSOLUTELY not be tolerated. The DUO expects these sanctions will serve to deter you from similar misconduct in the future and convince you to abide by all institution rules and regulations. VIII. APPEAL RIGHTS: X The inmate has been advised of the findings, specific evidence relied on, action and reasons for the action. The inmate has been advised of his right to appeal this action within 20 calendar days under the Administrative Remedy Procedure. A copy of this report has been given to the inmate. IX. Discipline Hearing Officer Printed Name DHO Sign Date DHO report delivered to Inmate by, Printed Name (Staff) Signature Date and Time, Prescribed by P5270 August 1, 2019 Replaces BP-A0301 of AUG 11 4 EFTA00140375