Current through March 20, 2024
004.01 Alternatives to restrictive housing
shall be used in every case possible - including but not limited to: short-term
cell restrictions, loss of other privileges, work and restitution assignments,
and assigned programming - rather than placing an inmate in restrictive housing
as a standard response to rule breaking, disruption, and
vulnerability.
004.02 Restrictive
housing shall be used predominantly as a short-term intervention, in the least
restrictive manner possible consistent with institutional safety and security.
When restrictive housing is used, the purpose shall be as a risk- and
needs-based intervention, rather than primarily as a mechanism for punishment
or incapacitation.
004.03 The
guiding focus of restrictive housing shall be on individualized goal planning,
behavior change, and treatment as needed that will facilitate the inmate's
capacity to live successfully in general population and return successfully to
the community.
004.03(A) Immediate segregation
shall be used as a short-term (30 days or less) risk assessment. For this
classification, inmates must show a demonstrated risk to others, from others,
or to the security of the facility.
004.03(B) Longer-term restrictive housing
shall be used when inmates need more intensive supervision and intervention
before promotion to an appropriate non-restrictive housing assignment.
004.03(B)(i) The mission of longer-term
restrictive housing shall be as a targeted individualized transition with a
primary emphasis on pro-social behavior, interactions with others, life-view
change, incentives for positive change, and successful transition to lower
levels of security. Having no one transition from restrictive housing to the
community is a targeted outcome for the agency.
004.03(B)(ii) All assignments to longer-term
restrictive housing shall require an initial recommendation from the facility's
classification team, and must be reviewed and authorized by the Central Office
multidisciplinary review team (MDRT). The recommendation and
review/authorization process will normally be completed within the 30 day
immediate segregation time frames.
004.03(B)(iii) There shall be regular reviews
and the ability to promote to a less restrictive custody level at any point in
time, based on facility recommendations and MDRT approval.
004.03(B)(iv) Inmates in longer-term
restrictive housing shall be reviewed at least every 90 days by the MDRT to
assess demonstrated compliance with individualized behavior and programming
plans and assess the potential for promotion to a less restrictive setting
based on compatibility with the safety of the inmate, others, and security of
the facility.
004.03(B)(v) Inmates
in restrictive housing for 365 consecutive days shall be reviewed every 30 days
thereafter by the MDRT and the Director. This review shall include, but not be
limited to an assessment of compliance with behavior and programming plans and
recommendations from the MDRT for approaches to safely transition the inmate to
a less restrictive housing setting. The Director must approve all
recommendations to continue housing an inmate in restrictive housing longer
than 365 consecutive days.
004.03(B)(vi) The MDRT shall document the
decision and rationale for promotion to a less restrictive environment or to
continue the inmate in longer-term restrictive housing at each
review.
004.03(B)(vii)
NOTIFICATION TO DIRECTOR AND INSPECTOR GENERAL. When
an inmate has been assigned to longer-term restrictive housing for 180 days,
the results of each MDRT review will be sent to the Director and the Inspector
General. The notification will include all information considered by the MDRT,
and the team's decision regarding the housing assignment for the inmate. The
Inspector General may provide this information to other appropriate sources as
requested.
004.04 Assessment of inmates who are assigned
to restrictive housing shall be conducted by multidisciplinary teams of staff
using validated instruments to assess inmate characteristics, needs, risks to
reoffend, history of violent behaviors, underlying reasons for behaviors, and
motivation to change. An additional review of each recommendation for a
longer-term restrictive housing assignment shall be conducted by the MDRT for a
final decision.
004.04(A) Restrictive housing
facility classification teams shall include, but not be limited to, a unit
manager, case manager, and unit sergeant.
004.04(B)
IMMEDIATE SEGREGATION
REVIEW PROCESS. Initial placement in immediate segregation must be
approved by the facility warden within 24 hours. Continued retention in
immediate segregation must be approved by the facility warden within 15 days.
Requests for extensions of immediate segregation past 30 days shall require
approval by the Deputy Director - Prisons. Requests for extensions of immediate
segregation past 45 days shall require approval by the Director. The maximum
length of stay on immediate segregation is 60 days. These duties are not to be
permanently assigned to a designee, but can be performed by the acting warden,
acting Deputy Director - Prisons, or acting Director.
004.04(B)(i) Placement on immediate
segregation status for inmates who are members of a vulnerable population
requires approval of the warden within 8 hours of placement.
004.04(C) The MDRT shall meet
weekly. Team members may request to send a designee to a team meeting, as
approved by the MDRT Chair. All attendees must be approved by the
chairperson.
004.04(D)
APPEALS. In mates may appeal placement in immediate
segregation and assignment to longer-term restrictive housing as a
classification action pursuant to departmental policy.
004.05 Assignment to longer-term restrictive
housing shall be used only when no other option can safely manage the risk
presented by or to the inmate. The overarching goal shall be risk reduction and
transition to the least restrictive environment as soon as possible.
004.06 Program delivery formats for high
security environments shall be created that allow program participation while
ensuring the safety of participants and staff. This shall include the
development of congregate classroom space where possible. Programming and
behavioral health resources will be used to reduce risk and address
needs.
004.07 Risk assessments and
the results of mental health testing, when appropriate, shall be used to guide
coordinated interventions, assignments to programming, and other applicable
resources.
004.08 Mission specific
housing focuses on individual needs and demographics to provide effective
living conditions and programming for specific populations. Mission specific
housing includes residential treatment and responses to cognitive disabilities,
as well as prosocial housing options for inmates with common interests and
challenges.
004.08(A) Mission specific housing
shall be used to:
(1) reduce the use of
restrictive housing by providing a range of alternatives that address needs and
reduce the behaviors that previously led to the use of restrictive housing,
and
(2) provide risk- and
needs-responsive options for individuals transitioning from restrictive
housing, thus reducing lengths of stay for inmates not ready to return
successfully and safely to the general prison population.
004.08(B) Mission specific housing units
shall operate as general population units and shall, whenever possible, have
out- of-cell programming and opportunities for individuals to interact with
other inmates and staff during meals, recreation, dayroom, and work activities.
Mission specific housing may include, but shall not be limited to:
004.08(B)(i) Housing for inmates in need of
residential mental health treatment;
004.08(B)(ii) Housing for inmates in need of
programming or treatment for sex offenses;
004.08(B)(iii) Housing for inmates with
developmental/intellectual disabilities and traumatic brain injuries that
interfere with their safety and/or ability to function effectively in general
population, who otherwise might be in restrictive housing for protection or
management; and,
004.08(B)(iv)
Housing for inmates in need of residential substance abuse/addictions
treatment.
004.09 Transition programs and protocols from
restrictive housing to other levels of security within NDCS shall be developed
to assist inmates in transition to the general population.
004.09(A) Guidelines shall be created and
distributed to staff and inmates documenting the steps and criteria for inmates
to return to the general population or transition to another form of
non-restrictive housing. These guidelines will include an incentive based
system that encourages prosocial behavior and program engagement.
004.09(B) Opportunities for inmates to learn
and practice pro-social behaviors through cognitive programming shall be
provided, with the opportunity to progress through incentivized step-down
programs to lower security classifications, based on goal development and
attainment, completion of required tasks and activities, and demonstrated
positive behavior.
004.09(C)
Inmates will participate in discussions and planning of criteria and next steps
for each transition opportunity and will help craft individualized goals and
areas for improvement.
