OBJECTIVE CLASSIFICATION AR’s 503, 521 & 523
Caseworker Duties: 1. Classification: Periodicals, changes, fullclassification, intake and reception. 2. Parole Board Reports 3. Grievances or inmate Issues 4. Disciplinary or Statutory process and supporting report documentation 5. Offender Liaison and offender assistance 6. Level system review, implementation and a utilization for offender management 7. Assist officers with unit management.
Classification Guidelines: Caseworker Classification Guidelines include: NDOC Administrative Regulations Facility Operational Procedures Nevada Revised Statutes (with emphasis on safety and security first) A caseworker must review, understand utilize the NDOC Classification AR 500 series. A caseworker must review, understand utilize AR 707 the Code of Discipline and AR 740 the Grievance Procedure.
Caseworker Classification Guidelines: AR’s, OP’s, NRS and more Understanding Classification begins with understanding the legal guidelines and parameters, which are delegated by the Nevada Revised Statutes (NRS), Nevada Dept. of Corrections (NDOC) Administrative Regulations (AR), Facility Operational Procedures (OP) and NDOC Administrative Directives. The first Caseworker assignment is to read the Classification # 500 series of the NDOC Administrative Regulations, which will assist the Caseworker with learning the guidelines and parameters utilized in the NDOC offender classification process. The second assignment is to read the Classification #500 series of Operational Procedures for the facility the CCS is currently assigned.
Legal Guidelines Continued The next caseworker assignment is to read the State NRS section #209, to better understand the guidelines and the legal parameters for housing offender in the NDOC, as mandated by the state. Last, there are other Administrative Regulations and Operational Procedures that affect Classification and offender assignment. Reading the #700 series will assist in understanding the rules the inmates must adhere to on a daily basis. Emphasis should be on AR 707 the Code of Penal discipline and AR 740 the Grievance Process. The Caseworker should review the AR 800 series to be aware of the offender program regulations. After review of these procedures the Caseworker should have questions for their Supervisor to ensure thorough understanding.
Learning Objectives § What is objective classification? § What is the purpose of objective classification? § Why is objective classification important?
What is Objective Classification? § Objective classification is the process used by NDOC to decide where an inmate belongs within the prison system – Assigned Custody: Custody given to the inmate by the institution or facility classification committee – Computed Custody: Custody level dictated by a numerical score § Determined when an inmate falls within a specified score range or when a specific limitation exclusion is entered
What is the purpose of objective classification? § The purpose of objective classification is to: – Protect staff, inmates and the community – Provide a system of positive and negative consequences for behavior – Provide an “objective” criteria for the determination of placement § Inmates should receive reasonable notice of scheduled classification; 24 hours before the start of the classification hearing.
Why is objective classification important? § Objective classification has the potential to save lives when done correctly § Objective classification has the potential to cost lives when done incorrectly
Types of Classification § Initial Classification § Periodic Reclassification § Reception Classification
Classification Hearings § Classification Committee should use: – Institutional files, NOTIS Information, information presented by the inmate or other interested parties – Determine if the inmate’s case factors warrant a change in custody or housing by reviewing the objective classification instrument § Inmate should make a personal appearance before the committee and present their point of view or submit documents bearing on the proposed committee action
Classification Hearings § When are they used? – Employment – Due Process Hearings § To dispute STG status – Intake Classifications
The NOTIS Classification Instrument is an objective tool used in calculating a numerical score given to case factors relevant to an inmate’s criminal history, behavioral history and current sentence structure to assist with placement. (see the NOTIS Classification Caseworker Manual for data entry directions) A NOTIS Classification instrument is multifaceted for diversity with three primary categories of consideration: 1. 2. 3. Severity Factors (Section A): severity factors include institutional violence, if this violence was in the last six months, severity of current offense and prior offense history. Diversity Factors (Section B): escape history, number of disciplinary reports, most severe disciplinary report, holds or detainers, prior felony convictions and percentage of time served on current sentence. Minimum Eligibility Factors (Section C): sexual misconduct, violence in the last year, more than 36 months to a probable release, NDOC escape, death or life without parole sentence, felony hold or detainer, Central monitoring case, psychological restrictions, Protective custody or Disciplinary segregation.
Initial Classification § Completed upon entrance into NDOC custody § All case factors are entered into the NOTIS system such as: – – – – Crime Sentence structure Gang affiliation Sex Offender status Medical, Dental & Mental Health Concerns Educational testing Previous criminal history Any additional relevant case factors
Periodical Classification An Initial Classification is completed on an inmate when he first arrives in the NDOC. A Periodical Classification (Regular Review) interview is completed every six months to review for changes. An Interim Classification is completed in between Regular Reviews and is initiated when if some additional Casework needed or a change in status prompts new classification, such as eligible for lesser custody or resolution of an outstanding case. Interviews should be done in person, with the exception of an exigent circumstance or involuntary, to ensure accuracy of the interview.
Classification Changes Classification changes are completed when the status of an offender changes. Examples of this may be: 1. The offender is now eligible for lesser custody 2. The transfer is needed for some specific reason, such as enemy, court, medical, department needs or pending release. 3. An emergency transfer for a specific reason, such as medical, mental health or segregation.
Classification Review Process Reclassification Periodical: (the purpose is to evaluate for lesser custody; if eligible for minimum, when; if not, why? ) 1. Review I-file and JOC. Compare to NOTIS data. 2. Review Non-associations. 3. Review Medical Restrictions. 4. Review STG Validation. 5. Review Disciplinary History. 6. Review all past case notes for pertinent details that should be brought forward in the new case note to ensure consistency. 7. Complete assessment, note computed custody, risk factor score and put all above data in NOTIS case note. Reclassification Change: (the purpose is to chance custody status or facility) 1. Review I-file and JOC. Compare to NOTIS data. 2. Review Non-associations. 3. Review Medical Restrictions. 4. Review STG Validation. 5. Review Disciplinary History. 6. Review all past case notes for pertinent details that should be brought forward in the new case note to ensure consistency. 7. Complete assessment, note computed custody, risk factor score and put all above data in NOTIS case note, as well as justify reason for change.
Full Classification § The purpose of a Full Classification Committee Hearing is for the hiring of individuals in specialized jobs, to level regress an inmate, to advise an inmate of a change in his status and to allow an inmate a remedy method to resolve subjective classification decisions through a group democratic process. § A Full Classification committee will consist of the Warden or his designee, usually the Associate Warden of Programs or the Caseworker Specialist III and at least two other committee members, usually Caseworkers.
Intake and Reception Classification § Intake Classification is conducted when an offender is first committed to the NDOC. This is the three week processing of a new offender into the NDOC. Reception Classification is completed when an offender arrives at a new facility. This interview is completed to ensure the offender does not have any problem moving to the new facility yard, such as enemies or physical restrictions.
NOTIS Case Note After completing any type of classification hearing, such as Due Process, Regular Review, Intake, Reception, De-pop, Post. Disciplinary, Interdisciplinary, Parole Board, Full Classification, serving court documents or just seeing the inmate for a question, the Caseworker should document the interaction in the NOTIS case note screen for a permanent record.
Offender Liaison § Caseworkers are the means for offenders to get assistance with issues they cannot resolve on their own. § Caseworkers help inmates with their legal issues. § Caseworkers help inmates with their housing issues. § Caseworkers help inmates with their money issues. § Caseworkers help inmates with their education and program issues. § Caseworkers help inmates with their employment issues. § Caseworkers help inmates with their daily life issues and stressors. § Caseworkers help inmates with their parole or release issues. § Caseworkers help inmates with their daily communication and social issues with staff as well as other inmates. § Caseworkers need to make every effort to help with their issues.
AR 521 Custody Categories & Criteria § Maximum Custody – Ex: Lock-up status at Ely State Prison § Close Custody – Ex: Protective Segregation at Lovelock Correctional Center § Medium Custody – Ex: General Population at Southern Desert Correctional Center § Minimum Custody – Ex: Three Lakes Valley Conservation Camp – Ex: Casa Grande Transitional Housing § Residential Confinement – Ex: House Arrest
Maximum Custody: Characteristics § § Single cell Direct supervision Limited time outside cell Unclothed searches on exiting and returning to housing unit § Restrained when moved inside or outside institution
Maximum Custody: Criteria § Inmates designated as High Risk Potential (HRP) § Inmates on Death Row (Sentenced to Death)
Close Custody: Characteristics § Double or single cells in protective segregation § Single cells for administrative or disciplinary segregation § Separate housing § Direct supervision § May be restrained during internal movement § Will be restrained during external movement
Close Custody: Criteria § Assignment to specialized housing areas of medium security institutions such as protective, disciplinary segregation, detention, or disruptive group management § Close custody is the custody designation for the general population of a maximum security institution (ex: ESP)
Close Custody: Criteria § Inmates with a history of violence, escape conspiracy to escape § Inmates whose conduct indicates their behavior cannot be controlled at lower custody levels § Evaluation and control of inmates for not less than one year with sentence of 20 years or more
Medium Custody: Characteristics § General population of medium security institution § Participation in work and program activities within the perimeter of the institution § Random searches § Movement without restraints inside institution § Movement with restraints outside institution
Medium Custody: Criteria § Assignment of inmates who do not represent significant behavioral problems or those who would represent a potential for escape outside the perimeter of an institution § Assignment of inmates who cannot be placed at reduced custody levels due to law or policy
Minimum Custody: Characteristics § Assignment to facilities without secure perimeters § Double cell or dormitory housing § Intermittent supervision § Random searches § Transportation without restraints § Work supervision by state employee (non NDOC staff trained to supervise inmates)
Minimum Custody: Criteria § Total Risk Factor Score (RFS) of 13 points or less § Be within 36 months of probable release from NDOC custody § Have performed assigned duties in a faithful or orderly manner
Minimum Custody Criteria Disqualifying Criteria § RFS of 10 points or more in Section “A” of the reclassification instrument § Committed a serious violent major infraction of AR 707 within the immediately preceding 12 months § Committed any major or work infraction of AR 707 within the immediately preceding 6 months
Minimum Custody Criteria Disqualifying Criteria § Having ever been convicted of a sexual offense that is punishable as a felony § Two or more charges for sexual offenses arising from separate incidents § Having ever been convicted of a felony crime for any offense involving the intended death of any victim
Minimum Custody Criteria Disqualifying Criteria § Been convicted of using or threatened use of force against a victim that is punishable as a felony immediately preceding 12 months § Escape or attempted escape from an NDOC institution or community supervised program
Minimum Custody Criteria Disqualifying Criteria § Convicted of a felony for the escape or attempted escape from any medium custody prison or jail – Minimum Custody: immediately preceding 120 months § Have a current felony detainer lodged against them
Minimum Custody Criteria Disqualifying Criteria § Have a death or life without the possibility of parole sentence § Require protective segregation § Serving a disciplinary segregation or disciplinary detention sanction
Discretionary Exclusions for Minimum Custody § § § § Youthful Inmate Medical, Dental or Mental health concerns Other agency escape charges Disciplinary record Felony Hold Concurrent or consecutive non-NDOC sentences Other relevant factors
Exceptions to Criteria Determining Minimum Custody § Inmates serving DUI sentences under NRS 484. 3792 or 484. 3795 who have no non-DUI offenses as part of their sentence restructure – Exempt from the 36 months to probable release criteria § Inmates with a RFS of 14 or more points can be considered for minimum custody on a case by case basis – Require an override from the AOMD prior to approval
Considerations: Evaluating Inmates for Minimum Custody § Should classify a minimum custody inmate after a disciplinary finding for a serious infraction or an infractions that raises the inmate’s RFS to 14 points or more § If determination is to increase the inmate’s custody level – A verbal override is required from the AOMD or designee
Considerations: Evaluating Inmates for Minimum Custody § Determination is to increase the inmate’s custody level, staff must immediately treat the inmates at the recommended custody level § No inmate with a computed custody level of close should be assigned to minimum custody § OMD must give approval for minimum level inmates to be anywhere in the community
Transitional Housing: Criteria § Non-violent offense and within 1 year of probable release § Inmate is an abuser of alcohol or drugs who is within 24 months of probable release – is or will be eligible for phase II; residential confinement § Is eligible for minimum custody per AR 521 § Has not committed a serious infraction to the rules or has not performed the duties assigned to him
Transitional Housing: Criteria § Has not been convicted of a violent felony offense or felony threat of violence within the preceding year § Inmate cannot ever have been convicted of a sex offense § Inmate cannot have escaped or attempted escape § Instant offense violence must be within 6 months of probable release
Residential Confinement AR 523 § Three programs – DUI (305) – Residential Confinement (317) – Re-entry (Drug) Court (184) – Compassionate Release (298)
DUI (305) § § Must have DUI crime Within one year of probable parole or release Eligible for minimum Reasonable prospect of employment and residence § No violent offense, no felony conviction involving the use or threat of force within the preceding 3 years
Residential Confinement (317) Criteria § No felony conviction involving use or threat of violence within the 3 preceding years § No instant offense violence § No current or prior conviction for a category A or B Felony § Have no more than one prior felony conviction § Concurrent sentences are considered to be separate felonies if they arise out of separate criminal incidents § Must be on last sentence
Residential Confinement (317) Criteria § Must provide a work and residential program in a Nevada community approved by P&P § Must be able to pay the costs of supervision to P&P § Must be eligible for minimum custody per AR 521 § Must be within 2 years of probable release on parole or discharge § Candidates for Residential Confinement must be approved by P&P
Re-entry (drug) Court (194) Criteria § § Program of residence and employment Pay all costs Within 2 years of probable release No felony convictions involving the use or threat of violence in the past 1 year § No instant offense violence § Eligible for Minimum Custody per AR 521
Compassionate Release (298) Criteria § Physically handicapped to the degree no threat to public safety is posed § Expected to die within 12 months § No life without or death sentences § Not sentenced to death or has not previously been sentenced to death § Medical staff should identify eligible candidates § OMA will review the medical recommendation and certified letters then prepare a recommendation for the director
Compassionate Release: With Director’s Approval § Inmate must authorize the release of his/her medical information to the victims crime § Victim’s services officer will notify the victims of the approved compassionate release § OMA will notify the County Commissioners and P&P § OMA may coordinate the release of the inmate to P&P effective 45 days after notice has been provided § If approved, inmate will be released to P&P § Department is NOT responsible for Medical Costs incurred by the inmate on Compassionate Release
Conclusion § Objective classification is a critical part of maintaining the safety and security of staff, inmates and the community § Activity § Questions
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