Policy on Inmates Using Social Networking
ADOC Inmates are not allowed to have social networking sites while incarcerated in the ADOC. These sites are a security violation and will be shut down. If you suspect or know of an inmate who is in violation of this policy, please report the suspicious activity or website to I & I. I & I will notify the appropriate social networking site(s) and request that the inmate's page(s) be deleted.
Rights & Obligations
What are my rights?
Representation: Employees are not entitled to any representation during an internal administrative interview. You will be entitled to representation in any disciplinary hearing that may result.
Garrity Rights: Statements made in a compelled interview may not be used against the employee in a criminal proceeding.
Notice of Investigation: An employee under investigation that declines to answer questions and is compelled to answer is entitled to a written Notice of Investigation specifying the allegation/s before being interviewed or before being required to submit written documentation.
Copy of Interview: An employee under investigation has a right to a copy of his/her recorded or written interview.
What are my obligations?
Truth: When answering questions relating to the employee's duties and/or conduct, an employee must answer truthfully.
Duty: All employees have a duty to cooperate in all criminal and administrative investigations. Failure to do so may result in disciplinary action. Employees may refuse to answer criminally incriminating questions during a criminal investigation.
Scope: An involved employee must truthfully answer questions regarding any criminal or administrative investigation when ordered or directed by a supervisor or ADOC investigator.
What is a lie?
Lie: Presenting false information or concealing material or relevant facts or evidence
What are the consequences?
An employee with a sustained obligation of untruthfulness will receive disciplinary action up to and including dismissal. Under egregious cases of untruthfulness dismissal will be recommended. Some examples include but are not limited to the following conditions:
- During sworn testimony or testimony in a criminal matter such as a defense interview.
- After a Notice of Investigation has been issued and the interview has been concluded.
- An internal misrepresentation of relevant facts in a departmental report or criminal investigation.
- During an internal interview an employee is untruthful.
A sustained allegation for untruthfulness may affect an employee's ability to remain in an assignment and may affect an employee's ability to transfer.
Recent changes in court procedures may require that defense attorneys be notified of any sustained allegations of untruthfulness. This information may allow attorneys to impeach an officer's testimony. A sustained allegation for untruthfulness may render an employee unfit for operational duties.
The Alabama peace Officers Standards and Training Commission may impose sanctions against the certification of a corrections officer, up to and including dismissal for a sustained allegation of untruthfulness.
What if I am a witness only?
Witness employees are not entitled to representation during interviews. An employee may consult someone if they wish before the interview to discuss employee rights.
Employees are required to truthfully answer questions regarding criminal or administrative matters or other matters of concern to the department.
Employees who refuse to answer such questions are subject to disciplinary action up to and including dismissal.
EXCEPTION: An employee may refuse to answer questions in a criminal investigation without penalty only if the employee has criminal liability.
What if there are criminal allegations?
Employees retain their constitutional rights regarding self-incrimination. An employee may, without administrative penalty, refuse to answer questions from a criminal investigator if the employee has exposure to criminal liability. If the employee is unsure if he/she is exposed to criminal liability, the employee will be allowed to contact an attorney before being interviewed.
Alabama Department of Corrections I & I Division
P.O. Box 301501
Montgomery, AL 36130
Office (334) 353-8912
Fax (334) 353-8922