CLASSIFICATION & RECEIVING OF OFFENDERS CLASSIFICATION DEFINED

Performance Objectives Refer to the POST Performance Objectives Refer to the POST Performance Objectives

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?

CLASSIFICATION & RECEIVING OF OFFENDERS CLASSIFICATION DEFINED “A systematic arrangement in groups or categories according to established criteria.” - Merriam-Webster

OBJECTIVE CLASSIFICATION USE OF CLASSIFICATION RISK ASSESSMENTS WITHIN THE NEVADA DEPARTMENT OF CORRECTIONS

Nevada Revised Statutes Per the Director’s duties include: Per the Director’s duties include: Receive, retain and release, in accordance with the law, offenders sentenced to imprisonment in the state prison. Receive, retain and release, in accordance with the law, offenders sentenced to imprisonment in the state prison. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his or her jurisdiction. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his or her jurisdiction. Establish regulations with the approval of the Board and enforce all laws governing the administration of the Department and the custody, care and training of offenders. Establish regulations with the approval of the Board and enforce all laws governing the administration of the Department and the custody, care and training of offenders. Take proper measures to protect the health and safety of the staff and offenders in the institutions and facilities of the Department. Take proper measures to protect the health and safety of the staff and offenders in the institutions and facilities of the Department.

A big part of how the Director complies with these requirements as it pertains to safety of the public, as well as staff and inmates, is by the regulations governing the classification of inmates. The 500 series of the Administrative Regulations pertain to the classification and management of inmates. Some of the main AR’s which pertain to objective classification are: 503, 504, 521, 523 & 543

What is Classification? Classification is the categorization process used by NDOC to determine where an inmate belongs within the prison system Classification is the categorization process used by NDOC to determine where an inmate belongs within the prison system Computed Custody: Custody level dictated by a numerical score (Objective Classification) Computed Custody: Custody level dictated by a numerical score (Objective Classification) Automatically calculated by NOTIS based upon the Risk Factor Score (RFS) or when a specific exclusion is entered Automatically calculated by NOTIS based upon the Risk Factor Score (RFS) or when a specific exclusion is entered Recommended Custody: Custody level being recommended by the classification committee if other than the computed custody. Recommended Custody: Custody level being recommended by the classification committee if other than the computed custody. Approved Custody: Custody level approved by a CCSIII or Offender Management Division (OMD) Approved Custody: Custody level approved by a CCSIII or Offender Management Division (OMD) Initial Classification, custody reduction to MIN or CT, transfer between institutions/facilities or other jurisdictions and classification requiring an override must be reviewed and approved by OMD Initial Classification, custody reduction to MIN or CT, transfer between institutions/facilities or other jurisdictions and classification requiring an override must be reviewed and approved by OMD

What is the purpose of classification? The purpose of classification is to: The purpose of classification is to: To determine if an inmate’s case factors warrant a change in custody or housing. To determine if an inmate’s case factors warrant a change in custody or housing. 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 criteria for the determination of placement Provide an 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. Inmates should be present unless circumstances dictate otherwise. Inmates should be present unless circumstances dictate otherwise.

Classification Hearings Classification Committee should use: Classification Hearings Classification Committee should use: Institutional files, NOTIS/OSM information and information presented by the inmate or other interested parties Institutional files, NOTIS/OSM information and information presented by the inmate or other interested parties

Classification Hearings Classification Committee should: 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 Regular (6 month) reviews Regular (6 month) reviews Anytime deemed necessary or appropriate Anytime deemed necessary or appropriate

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

Types of Classification Initial Classification Initial Classification Periodic Reclassification Periodic Reclassification Change Classification Change Classification

Initial Classification Completed upon entrance into NDOC custody Completed upon entrance into NDOC custody All case factors are entered into the NOTIS and the OSM system such as: All case factors are entered into the NOTIS and the OSM system such as: Crime (Instant offense) Crime (Instant offense) 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 level/testing Educational level/testing Previous criminal history Previous criminal history Any additional relevant case factors Any additional relevant case factors

Required Documentation Judgment of Conviction – New Commit Inmate. Judgment of Conviction – New Commit Inmate. Retake Warrant – Parole Violator. Retake Warrant – Parole Violator.

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  Sometimes inmates can be reviewed and approved up to weeks or even months prior to being able to be scheduled and transferred. Transportation Coordinators will review to make sure no barriers before scheduling, such as separatees, court dates, PB hearing, etc.  Staff at an institution/facility will have a better understanding of their yard/population and, after reviewing the file and speaking with the inmate, may need to make a change to what had previously been approved.

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 Ex: General population at Ely State Prison Ex: General population at Ely State Prison

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 Community Trustee Community Trustee Ex: Residential Confinement Ex: Residential Confinement Casa Grande Transitional Housing Casa Grande Transitional Housing

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 includes: Segregation at Ely State Prison Segregation at Ely State Prison 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 from general population Separate housing from general population 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 designated for protective segregation, disciplinary segregation, disciplinary detention, or disruptive group management Assignment to specialized housing areas of medium security institutions designated for protective segregation, disciplinary segregation, disciplinary 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 Includes Inmates with a history of violence, escape or conspiracy to escape Inmates with a history of violence, escape or 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 or for 2 years for each Life Without Parole sentence. Evaluation and control of inmates for not less than one year with sentence of 20 years or more or for 2 years for each Life Without Parole sentence.

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

NRS lists the criteria for which the Director shall not assign any prisoner to an institution or facility of minimum custody, and they are: 1. Except for DUI offenses, not eligible for parole or release from prison within a reasonable period 2. Has recently committed a serious infraction of the rules of an institution or facility of the Department 3. Has not performed the duties assigned to him or her in a faithful and orderly manner 4. Has ever been convicted of a sexual offense that is punishable as a felony 5. Has, within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony 6. Has attempted to escape or has escaped from an institution of the Department.

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 such as Nevada Division of Forestry) Work supervision by state employee (non NDOC staff trained to supervise inmates such as Nevada Division of Forestry)

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. Requires a “Due Process” hearing. Two or more charges for sexual offenses arising from separate incidents. Requires a “Due Process” hearing. 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 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 Ever convicted of a felony for the escape or attempted escape from any Medium custody prison or jail Ever convicted of a felony for the escape or attempted escape from any Medium custody prison or jail Minimum Custody: not within immediately preceding 120 months Minimum Custody: not within 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 Disciplinary Record Disciplinary Record Violent Offender Violent Offender Concurrent or consecutive non-NDOC sentence(s) Concurrent or consecutive non-NDOC sentence(s) Other relevant factors Other relevant factors

Exceptions to Criteria Determining Minimum Custody Inmates serving DUI sentences under NRS 484C.400, 484C.410, 484C.430, , and , who have no non-DUI offenses as part of their sentence restructure are exempt from the 36 months to probable release criteria Inmates serving DUI sentences under NRS 484C.400, 484C.410, 484C.430, , and , who have no non-DUI offenses as part of their sentence restructure are 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 OMD Administrator prior to approval Require an override from the OMD Administrator prior to approval

Considerations: Evaluating Inmates for Minimum Custody Should review and/or reclassify a minimum custody inmate after a disciplinary finding for a serious infraction or an infraction that raises the inmate’s RFS to 14 points or more Should review and/or reclassify a minimum custody inmate after a disciplinary finding for a serious infraction or an infraction that raises the inmate’s RFS to 14 points or more If determination is NOT to increase the inmate’s custody level and no classification is done, verbal approval should be obtained from the OMA and case noted. If determination is NOT to increase the inmate’s custody level and no classification is done, verbal approval should be obtained from the OMA and case noted.

Considerations: Evaluating Inmates for Minimum Custody If the determination is to increase the inmate’s custody level, staff must immediately treat the inmate at the recommended custody level and reclassify accordingly If the determination is to increase the inmate’s custody level, staff must immediately treat the inmate at the recommended custody level and reclassify accordingly

Community Trustee Custody Characteristics Include: May be assigned to facilities without perimeters or towers May be assigned to facilities without perimeters or towers May be single or double occupancy cells or dormitory type housing. May be single or double occupancy cells or dormitory type housing. May be housed within NDOC or may be under residential confinement May be housed within NDOC or may be under residential confinement Staff supervision may be intermittent and on the job site Staff supervision may be intermittent and on the job site Subject to random searches and or for cause Subject to random searches and or for cause Participation in work and/or education activities outside the perimeter of the facility Participation in work and/or education activities outside the perimeter of the facility

Community Trustee Criteria Must be eligible for minimum custody per AR Must be eligible for minimum custody per AR Must have a RFS of 11 or less Must have a RFS of 11 or less Inmate cannot have ever been convicted of any escape Inmate cannot have ever been convicted of any escape Cannot have ever been convicted of any sex offense Cannot have ever been convicted of any sex offense

Community Trustee: Criteria No felony convictions involving violence/threat of violence within the last 3 years No felony convictions involving violence/threat of violence within the last 3 years Cannot be currently serving time for a violent crime on the same booking number Cannot be currently serving time for a violent crime on the same booking number

Conclusion Classification is a critical part of maintaining the safety and security of staff, inmates and the community Classification is a critical part of maintaining the safety and security of staff, inmates and the community Questions Questions