In the above-captioned matter, Appellant challenges his February 11, 2004 disciplinary
conviction for the use of marijuana for which Respondent South Carolina Department of
Corrections (Department) revoked ninety days of his “good time” credit. However, upon reviewing
the conviction, the Department determined that it had mistakenly revoked the ninety days of good
time credit, because the disciplinary hearing officer who decided Appellant’s case did not impose
such a revocation as punishment for the offense. Accordingly, by a motion dated March 14, 2005,
the Department noted that it had modified Appellant’s record to correct the error, and requested
“that this case be remanded so that the Department may reissue a Step 2 to [Appellant] that states
accurately what action was taken as a result of his grievance.” Appellant has not responded to this
motion.
IT IS THEREFORE ORDERED that this matter is hereby REMANDED to the
Department so that it can provide Appellant with an accurate determination of the sanctions
imposed upon him as a result of his February 11, 2004 disciplinary conviction.
IT IS FURTHER ORDERED that the Department must provide Appellant with this new
response within twenty (20) days of the date of this order.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
May 5, 2005
Columbia, South Carolina
