Nebraska Administrative Code
Topic - CORRECTIONAL SERVICES, DEPARTMENT OF
Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES
Chapter 1 - RESTRICTIVE HOUSING
Section 72-1-003 - STRATEGIES TO REDUCE USE AND DURATION OF RESTRICTIVE HOUSING

Universal Citation: 72 NE Admin Rules and Regs ch 1 ยง 003

Current through March 20, 2024

Core strategies to reduce use and duration of restrictive housing within the Department are listed below:

003.01 An inmate who is a member of a vulnerable population shall not be placed in longer-term restrictive housing. An inmate who is a member of a vulnerable population may be placed on immediate segregation to protect himself or herself, staff, other inmates, or who are pending classification, in line with the least restrictive framework.

003.02 Reduction in the use and duration of restrictive housing shall be accomplished by managing behavior through programming, initiatives, incentives, and mission specific housing, rather than relying primarily on sanctions.

003.03 Placements in restrictive housing shall be based on demonstrated risk to others, risks from others, or risks to safety and security. Inmates who enter restrictive housing settings must be transferred to the least restrictive environment that can safely support their needs as soon as possible. The inmate's behavior while in restrictive housing will be taken into account when determining less restrictive housing options. The rationale for placement into restrictive housing shall be documented at the time of initial placement and must be based upon one or more of criteria listed below:

003.03(A) A serious act of violent behavior (i.e., assaults or attempted assaults) directed at correctional staff and/or at other inmates;

003.03(B) A recent escape or attempted escape from secure custody;

003.03(C) Threats or actions of violence that are likely to destabilize the institutional environment to such a degree that the order and security of the facility is significantly threatened;

003.03(D) Active membership in a "security threat group" (prison gang), accompanied by a finding, based on specific and reliable information, that the inmate either has engaged in dangerous or threatening behavior directed by the security threat group, or directs the dangerous or threatening behavior of others;

003.03(E) The incitement or threats to incite group disturbances in a correctional facility; and

003.03(F) Inmates whose presence in the general population would create a significant risk of physical harm to staff, themselves and/or other inmates.

003.04 Immediate segregation shall be a short-term (30 days or less) restrictive housing assignment utilized to maintain safety and security while investigations are completed, risk and needs assessments are conducted, and appropriate housing is identified.

003.05 Longer-term restrictive housing shall be a classification assignment used primarily as a behavior management intervention with programming targeted to problem-specific needs. Inmates in longer-term restrictive housing shall participate in the development of individualized transition plans back to general population or mission based housing.

003.06 Mission specific housing may be used for inmates who are members of a vulnerable population, are in protective custody status, or have other special needs.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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