Nebraska Administrative Code
Topic - CORRECTIONAL SERVICES, DEPARTMENT OF
Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES
Chapter 1 - RESTRICTIVE HOUSING
Section 72-1-008 - DISCHARGE AND REENTRY PLANNING
Universal Citation: 72 NE Admin Rules and Regs ch 1 ยง 008
Current through March 20, 2024
008.01 PROTOCOLS FOR INMATE DISCHARGE AND REENTRY TO THE COMMUNITY.
008.01(A) The intent
of these rules and regulations is to conduct extensive reviews and identify
potential discharge risks and needs, as well as ongoing needs for community
support, services, oversight, and continuity of care post-release to reduce the
risk of recidivism.
008.01(B)
Evidence-based assessment tools shall be used pursuant to Neb. Rev. Stat.
83-180.
008.01(C) Preparation of
comprehensive and individualized reentry plans shall begin immediately after an
inmate's arrival in NDCS pursuant to Neb. Rev. Stat. 83-1,107(4).
008.01(C)(i) Reentry plans shall be developed
pursuant to Neb. Rev. Stat. 83-1,107.
008.01(C)(ii) All reentry plans and reviews
shall take into account the individual's needs, risk to reoffend, history of
violent behaviors prior to and while in NDCS, perceived underlying reasons for
behaviors, motivation to change, and behavior that raises concern for community
safety as release approaches, as identified by evidence-based risk and needs
assessment tools.
008.01(D) For inmates identified as an
extreme risk to others and/or the community, local law enforcement officials
shall be notified prior to the inmate's discharge.
008.02 DISCHARGE PLANNING FOR INMATES IDENTIFIED AS HAVING A MENTAL ILLNESS
008.02(A) All inmates with serious mental
illness and/or a history of serious violence/sex offenses shall be reviewed by
the NDCS discharge review team and/or sex offender services prior to their
release to the community from all levels of security. Specialized reentry plans
shall be developed for inmates who have been identified as having serious
mental health conditions or as seriously mentally ill (See NDCS Policy
115.33).
008.02(B) The discharge
review team shall also review all inmates who have been housed in acute or
chronic mental health housing in a 180 day period before their release, or who
are housed in acute or chronic mental health housing until their
discharge.
008.02(C) Formal
referrals shall be made for those inmates for whom mental health board
commitment or a sex offender commitment seems appropriate and most likely to
facilitate a secure and safe transition from NDCS custody. (See NDCS Policy
115.33.) (Neb. Rev. Stat. 83-1,107 (5)(c)
008.03 DISCHARGE PLANNING FOR INMATES WITH RECENT STAYS IN RESTRICTIVE HOUSING.
008.03(A) In all cases possible, inmates
shall not be released directly from restrictive housing to the
community.
008.03(B) If an inmate
is already assigned to or placed in restrictive housing 120 days prior to their
scheduled release, the MDRT Chair shall be notified. The MDRT Chair shall
contact the facility to discuss appropriate steps to assess risk and conduct
release planning consistent with safety within the facility and in the
community.
008.03(C) Strategic
reentry and discharge protocols shall be implemented prior to release to the
community, with the goal of returning all inmates who were in restrictive
housing to the general population, mission-specific, and behavioral focused
housing prior to that release.
008.03(D) Transitional general population
housing, designed to help inmates transition from restrictive housing, based on
individualized risk and needs assessments shall be used to prepare individuals
for a return to a less restrictive and more interactive security level.
008.03(D)(i) Transfer to transitional housing
will depend on the individual's level of readiness, safety and security
considerations, and assessments, reviews, and decisions by the MDRT.
008.03(D)(ii) The standard for risk shall be
measured against the fact that the inmate shall be returning to the community
(with the exception of those with life sentences).
008.03(E) All discharges from restrictive
housing shall involve an ongoing coordinated effort from facility unit staff,
behavioral health staff, social workers, parole administration, and reentry
staff to develop specialized reentry plans for any inmate with a stay over 60
days in restrictive housing 150 days before their release.
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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