OBJECTIVE CLASSIFICATION AR’s 503, 521 & 523

Learning Objectives What is objective classification? What is objective classification? What is the purpose of objective classification? What is the purpose of objective classification? Why is objective classification important? 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 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 Assigned Custody: Custody given to the inmate by the institution or facility classification committee Computed Custody: Custody level dictated by a numerical score 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 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: The purpose of objective classification is to: Protect staff, inmates and the community Protect staff, inmates and the community Provide a system of positive and negative consequences for behavior Provide a system of positive and negative consequences for behavior Provide an “objective” criteria for the determination of placement 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. Inmates should receive reasonable notice of scheduled classification; 24 hours before the start of the classification hearing.

Classification Hearings Classification Committee should use: Classification Hearings Classification Committee should use: Institutional files, NCIS Information, information presented by the inmate or other interested parties Institutional files, NCIS Information, information presented by the inmate or other interested parties

Classification Hearings Classification Committee should use: Determine if the inmate’s case factors warrant a change in custody or housing by reviewing the objective classification instrument 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 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? When are they used? Employment Employment Due Process Hearings Due Process Hearings To dispute STG status To dispute STG status Intake Classifications Intake Classifications

Why is objective classification important? Objective classification has the potential to save lives when done correctly Objective classification has the potential to save lives when done correctly Objective classification has the potential to cost lives when done incorrectly Objective classification has the potential to cost lives when done incorrectly

Types of Classification Initial Classification Initial Classification Periodic Reclassification Periodic Reclassification Reception Classification Reception Classification

Initial Classification Completed upon entrance into NDOC custody Completed upon entrance into NDOC custody All case factors are entered into the NOTIS system such as: All case factors are entered into the NOTIS system such as: Crime Crime Sentence structure Sentence structure Gang affiliation Gang affiliation Sex Offender status Sex Offender status Medical, Dental & Mental Health Concerns Medical, Dental & Mental Health Concerns Educational testing Educational testing Previous criminal history Previous criminal history Any additional relevant case factors Any additional relevant case factors

Periodic Reclassification Completed a minimum of every six months Completed a minimum of every six months Completed when inmate becomes eligible for change in status Completed when inmate becomes eligible for change in status

Reception Classification Completed when inmate arrives at a new institution Completed when inmate arrives at a new institution

AR 521 Custody Categories & Criteria Maximum Custody Maximum Custody Ex: Lock-up status at Ely State Prison Ex: Lock-up status at Ely State Prison Close Custody Close Custody Ex: Protective Segregation at Lovelock Correctional Center Ex: Protective Segregation at Lovelock Correctional Center

AR 521 Custody Categories & Criteria Medium Custody Medium Custody Ex: General Population at Southern Desert Correctional Center Ex: General Population at Southern Desert Correctional Center Minimum Custody Minimum Custody Ex: Three Lakes Valley Conservation Camp Ex: Three Lakes Valley Conservation Camp Ex: Casa Grande Transitional Housing Ex: Casa Grande Transitional Housing Residential Confinement Residential Confinement Ex: House Arrest Ex: House Arrest

Maximum Custody: Characteristics Single cell Single cell Direct supervision Direct supervision Limited time outside cell Limited time outside cell Unclothed searches on exiting and returning to housing unit Unclothed searches on exiting and returning to housing unit Restrained when moved inside or outside institution Restrained when moved inside or outside institution

Maximum Custody: Criteria Inmates designated as High Risk Potential (HRP) Inmates designated as High Risk Potential (HRP) Inmates on Death Row (Sentenced to Death) Inmates on Death Row (Sentenced to Death)

Close Custody: Characteristics Double or single cells in protective segregation Double or single cells in protective segregation Single cells for administrative or disciplinary segregation Single cells for administrative or disciplinary segregation Direct supervision Direct supervision

Close Custody: Characteristics Separate housing Separate housing May be restrained during internal movement May be restrained during internal movement Will be restrained during external 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 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 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 with a history of violence, escape conspiracy to escape Inmates whose conduct indicates their behavior cannot be controlled at lower custody levels 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 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 General population of medium security institution Participation in work and program activities within the perimeter of the institution Participation in work and program activities within the perimeter of the institution

Medium Custody: Characteristics Random searches Random searches Movement without restraints inside institution Movement without restraints inside institution Movement with restraints outside 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 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 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 Assignment to facilities without secure perimeters Double cell or dormitory housing Double cell or dormitory housing Intermittent supervision Intermittent supervision Random searches Random searches Transportation without restraints Transportation without restraints Work supervision by state employee (non NDOC staff trained to supervise inmates) Work supervision by state employee (non NDOC staff trained to supervise inmates)

Minimum Custody: Characteristics Disciplinary record Disciplinary record Felony Hold Felony Hold Concurrent or consecutive non-NDOC sentences Concurrent or consecutive non-NDOC sentences Other relevant factors Other relevant factors

Minimum Custody: Criteria Total Risk Factor Score (RFS) of 13 points or less Total Risk Factor Score (RFS) of 13 points or less Be within 36 months of probable release from NDOC custody Be within 36 months of probable release from NDOC custody Have performed assigned duties in a faithful or orderly manner 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 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 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 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 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 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 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 a felony crime for any offense involving the intended death of any victim Been convicted of a felony crime for any offense involving the intended death of any victim Been convicted of using or threatened use of force against a victim that is punishable as a felony immediately preceding 12 months 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 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 Convicted of a felony for the escape or attempted escape from any medium custody prison or jail Minimum Custody: immediately preceding 120 months Minimum Custody: immediately preceding 120 months Have a current felony detainer lodged against them Have a current felony detainer lodged against them

Minimum Custody Criteria Disqualifying Criteria Have a death or life without the possibility of parole sentence Have a death or life without the possibility of parole sentence Require protective segregation Require protective segregation Serving a disciplinary segregation or disciplinary detention sanction Serving a disciplinary segregation or disciplinary detention sanction

Discretionary Exclusions for Minimum Custody Youthful Inmate Youthful Inmate Medical, Dental or Mental health concerns Medical, Dental or Mental health concerns Other agency escape charges Other agency escape charges

Exceptions to Criteria Determining Minimum Custody Inmates serving DUI sentences under NRS or who have no non-DUI offenses as part of their sentence restructure Inmates serving DUI sentences under NRS or who have no non-DUI offenses as part of their sentence restructure Exempt from the 36 months to probable release criteria 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 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 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 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 If determination is to increase the inmate’s custody level A verbal override is required from the AOMD or designee 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 Determination is to increase the inmate’s custody level, staff must immediately treat the inmates at the recommended custody level

Considerations: Evaluating Inmates for Minimum Custody No inmate with a computed custody level of close should be assigned to minimum custody 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 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 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 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 or will be eligible for phase II; residential confinement

Transitional Housing: Criteria Is eligible for minimum custody per AR 521 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 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 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 ever have been convicted of a sex offense

Transitional Housing: Criteria Inmate cannot have escaped or attempted escape Inmate cannot have escaped or attempted escape Instant offense violence must be within 6 months of probable release Instant offense violence must be within 6 months of probable release

Residential Confinement AR 523 Three programs Three programs DUI (305) DUI (305) Residential Confinement (317) Residential Confinement (317) Re-entry (Drug) Court (184) Re-entry (Drug) Court (184) Compassionate Release (298) Compassionate Release (298)

DUI (305) Must have DUI crime Must have DUI crime Within one year of probable parole or release Within one year of probable parole or release Eligible for minimum Eligible for minimum

DUI (305) Reasonable prospect of employment and residence Reasonable prospect of employment and residence No violent offense, no felony conviction involving the use or threat of force within the preceding 3 years 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 felony conviction involving use or threat of violence within the 3 preceding years No instant offense violence No instant offense violence No current or prior conviction for a category A or B Felony No current or prior conviction for a category A or B Felony

Residential Confinement (317) - Criteria Have no more than one prior felony conviction Have no more than one prior felony conviction Concurrent sentences are considered to be separate felonies if they arise out of separate criminal incidents Concurrent sentences are considered to be separate felonies if they arise out of separate criminal incidents Must be on last sentence 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 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 able to pay the costs of supervision to P&P Must be eligible for minimum custody per AR 521 Must be eligible for minimum custody per AR 521

Residential Confinement (317) Criteria Must be within 2 years of probable release on parole or discharge Must be within 2 years of probable release on parole or discharge Candidates for Residential Confinement must be approved by P&P Candidates for Residential Confinement must be approved by P&P

Re-entry (drug) Court (194) Criteria Program of residence and employment Program of residence and employment Pay all costs Pay all costs Within 2 years of probable release Within 2 years of probable release

Re-entry (drug) Court (194) Criteria No felony convictions involving the use or threat of violence in the past 1 year No felony convictions involving the use or threat of violence in the past 1 year No instant offense violence No instant offense violence Eligible for Minimum Custody per AR 521 Eligible for Minimum Custody per AR 521

Compassionate Release (298) - Criteria Physically handicapped to the degree no threat to public safety is posed Physically handicapped to the degree no threat to public safety is posed Expected to die within 12 months Expected to die within 12 months No life without or death sentences No life without or death sentences

Compassionate Release (298) - Criteria Not sentenced to death or has not previously been sentenced to death Not sentenced to death or has not previously been sentenced to death Medical staff should identify eligible candidates Medical staff should identify eligible candidates OMA will review the medical recommendation and certified letters then prepare a recommendation for the director 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 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 Victim’s services officer will notify the victims of the approved compassionate release

Compassionate Release: With Director’s Approval OMA will notify the County Commissioners and P&P 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 OMA may coordinate the release of the inmate to P&P effective 45 days after notice has been provided

Compassionate Release: With Director’s Approval If approved, inmate will be released to P&P If approved, inmate will be released to P&P Department is NOT responsible for Medical Costs incurred by the inmate on Compassionate Release 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 Objective classification is a critical part of maintaining the safety and security of staff, inmates and the community Activity Activity Questions Questions