Nebraska Administrative Code
Topic - CORRECTIONAL SERVICES, DEPARTMENT OF
Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES
Chapter 1 - RESTRICTIVE HOUSING
Section 72-1-001 - PURPOSE
Current through March 20, 2024
To establish policies surrounding the use of restrictive housing within the Nebraska Department of Correctional Services (NDCS) to ensure that restrictive housing will be utilized in the least restrictive manner for the least amount of time consistent with the safety and security of staff, inmates and the facility. Placement of an inmate in restrictive housing will be an alternative of last resort. These policies shall:
001.01 Establish specific levels of confinement outside of general population, including immediate segregation housing, longer-term restrictive housing, and secure mental health housing;
001.02 Define behaviors, conditions, and mental/behavioral health statuses whereby an inmate may be placed in each confinement level;
001.03 Define and mandate processes and procedures for making these determinations for each confinement level; and
001.04 Describe and mandate individualized transition plans for promotion to less restrictive housing assignments pursuant to Neb. Rev. Stat. 83-173.03. All transition plans shall be developed with the active participation of the inmate. This process shall take into account the results of assessments that identify risks and needs to be addressed.
001.05 The Department may issue policies, procedures and tools to guide and limit the use of restrictive housing, consistent with the promulgated rules and regulations. All policies and procedures related to restrictive housing shall be shared with the Office of Public Counsel and the Inspector General for the Nebraska Correctional System and shall be available to the legislature upon request. Policies may also be made available to the public unless such availability would create a security risk.
