United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
WALTON PRATT, JUDGE.
petition of Richard Mukka for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 14-05-0149. For the reasons explained in this Entry,
Mukka's habeas petition must be denied.
in Indiana custody may not be deprived of good-time credits,
Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004)
(per curiam), or of credit-earning class, Montgomery v.
Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001), without
due process. The due process requirement is satisfied with
the issuance of advance written notice of the charges, a
limited opportunity to present evidence to an impartial
decision maker, a written statement articulating the reasons
for the disciplinary action and the evidence justifying it,
and “some evidence in the record” to support the
finding of guilt. Superintendent, Mass. Corr. Inst. v.
Hill, 472 U.S. 445, 454 (1985); Wolff v.
McDonnell, 418 U.S. 539, 570-71 (1974).
The Disciplinary Hearing
14, 2014, Kelly Hofman, of the New Castle Correctional
Facility, wrote a Report of Conduct in case number IYC
14-05-0149 (“conduct report”) charging Mukka with
Code A-116 for his refusal to participate in a mandatory
program, i.e., the Department's Sex Offender
Management and Monitoring (“SOMM”)
Program. SOMM Program participants are
“required to discuss and take responsibility for past
acts of sexual violence and abuse that [they] have committed
in order to benefit from the program.” requires
offenders to take responsibility for acts of sexual violence
and abuse). The conduct report states the following:
On Wednesday 5/14/14, Offender Richard Mukka #103641 was sent
a call out pass to discuss his participation in the SOMM
program. This writer told Offender Richard Mukka #103641 that
he was being offered the SOMM program and this meant he would
agree to participate in the program by honestly taking
responsibility for the sexual offence. Offender Richard Mukka
#103641 was informed that he was not meeting program
expectations and was being written up on a Code 116A for
refusing to take accountability for his sexual offense.
18, 2014, Mukka was served with the Notice of Disciplinary
Hearing (Screening Report) (“screening report”),
which notified him of his rights. He pled not guilty to the
charge and did not waive 24 hours' notice of the hearing
date. He asked for a lay advocate, and that Officer Morefield
and Cari Rezman serve as witnesses. On May 21, 2014, a
hearing officer conducted a disciplinary hearing in
Mukka's case. Mukka had the assistance of a lay advocate.
At the hearing, Offender Mukka stated: “They threw me
out before they let me in. All she said I did wrong was use
the word apparently.” Cari Rezman, part of the SOMM
Program administration, stated as follows:
On this date, 5/14/14, Mr. Richard Mukka #103641 stated that
he “apparently” committed his sexual offence. The
program requirements were explained to Mr. Mukka whom was not
willing to respond directly about taking responsibility for
his instant sexual offense. Mr. Mukka was informed that he
would be written up on a Code 116A for refusing to meet
C. M. Morefield stated:
The above offender came into my office on 5/14/2014 to tell
me he was being written up on an A-116 from his SOMM
instructor. The offender stated that he is willing to
participate in the program and that he told his instructor
that he would say anything that she wanted him to say. He
went on to state that she said he was not being sincere.
conclusion of the proceeding, the hearing officer relied upon
staff reports, the statement of the offender, and evidence
from witnesses in finding Mukka guilty. At the end of the
hearing and based upon the hearing officer's
recommendations, the following sanctions were imposed: a loss
of commissary and phone privileges, one month of disciplinary
segregation, 180 day earned credit time deprivation, and a
credit class demotion.
appeals were denied and he filed the present petition for a
writ of habeas corpus.