/EVADA DEPARTMENT OF CORRECTIONS

ADMINISTRATIVE REGULATION

521

 

CUSTODY CATEGORIES & CRITERIA

 

 

Supersedes:                AR 521 (01/10/07) (10/10/03)

Effective date:            02.08.08

 

AUTHORITY

 

NRS 209.131; 209.341; 209.351; 209.425; 209.427; 209.429; 209.4314; 209.481;  209.4889; 484.379; 484.3795

 

RESPONSIBILITY

 

The operation of the classification system and employing the custody categories and criteria contained in this regulation is the responsibility of the administrator of the offender management division (AOMD)

 

521.01               MAXIMUM CUSTODY

 

1.      Maximum custody is lock-up status for administrative or disciplinary segregation or disciplinary detention for close custody inmates.

 

·        Classification of maximum custody inmates is governed by segregation guidelines in ARs 506 and 507. 

 

2.      Maximum custody characteristics include the following:

 

·        Assignment to institutions with fenced perimeters and gun towers.

·        Assignment to single occupancy cells.

·        Confinement to a cell except for scheduled exercise periods, showers, visits, professional interviews and hearings, or telephone calls.

·        Direct supervision when inmates are outside their cells.

·        Out of cell activities should be limited to separate and secure areas.

·        Unclothed body searches on exiting and returning to the housing unit.

·        Movement will be in restraint and under escort.

·        Transportation outside the institution will be under restraint, under armed escort, and may include chase vehicles as determined by the warden.

 

3.      Maximum custody criteria includes the following:

 

·        Inmates designated as high risk potential (HRP).

·        Inmates under sentence of death.

 

521.02               CLOSE CUSTODY

 

1.      Close custody is a restrictive level of supervision for inmates whose offense or institutional conduct indicates that they represent a potential for violence, escape, or disruption of institutional operations without the controls inherent in close custody.

 

2.      Close custody characteristics include the following:

 

·        Assignment to institutions with fenced perimeters and gun towers.

·        Assignment to double or single cells in protective segregation.

·        Assignment to single cells for administrative or disciplinary segregation.

·        Housing separated from the general population of the institution.

·        Direct supervision when outside the housing unit.

·        Subject to searches as determined by the warden.

·        Inmates may be restrained during internal movement.

·        Transportation outside the institution will be under restraint, under armed escort, and may include chase vehicles as determined by the Warden.

 

3.      Close custody criteria includes the following:

 

·        Assignment to specialized housing areas of medium security institutions such as administrative or protective segregation, or disciplinary segregation, detention, or disruptive group management.

·        Close custody is the custody designation for the general population of a maximum security institution. 

·        Evaluation and control of inmates for not less than one year when the inmate is serving a sentence of 20 years or more and has a history of institutional violence . 

·        Evaluation and control of inmates for not less than two years for each sentence when the inmate is serving a sentence of life without the possibility of parole.

·        Inmates with a history of violence, escape, or conspiracy to escape. 

·        Inmates whose misconduct indicates that their behavior cannot be controlled at lower custody levels. 

 

 

521.03             MEDIUM CUSTODY

 

1.      Medium custody is for those inmates who would represent a threat to escape or engage in misconduct without the controls of a fenced perimeter and who are expected to behave in a general population. 

 

2.      Medium custody characteristics include:

 

·        Institutions with fenced perimeters and gun towers or perimeter patrols.

·        Direct supervision within the institution. 

·        Housing in single or double occupancy cells or dormitories.

·        The general population of a medium security institution.

·        Participation in work and program activities within the perimeter of the institution.

·        Searches on a random basis or for cause.

·        Movement in general population areas without restraints or escort.

·        Transportation outside the institution will be under restraint and under armed escort.

 

3.      Medium custody criteria includes:

 

·        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.

 

521.04             MINIMUM CUSTODY  

 

1.      Minimum custody is for inmates who represent a limited potential to misbehave or who represent a low risk to escape without the presence of a secure perimeter.

 

2.      Minimum custody characteristics include the following:

 

·        Assignment to facilities without secure perimeters such as camps and transition centers. 

·        Assignment to double occupancy or dormitory housing. 

·        Access to the interior and exterior portions of institutions and facilities.

·        Intermittent supervision at least every 20 minutes, or occasional personal or telephonic contact on work assignments from transition centers.

·        Searches on a random basis,  for cause, and upon returning from work assignments outside the facility.

·        Transportation without restraint and without armed escort in a state or emergency vehicle.

·        Work supervision by an employee trained in the supervision of inmates. 

 

3.  The following minimum custody criteria are based on NRS 209.481:

 

·        Inmates must meet the following criteria to qualify to minimum custody:

o       Have a total risk factor score (RFS) of 11 points or less.

o       Be within 36 months of probable release from NDOC custody.

o       Have performed assigned duties in a faithful or orderly manner.

 

·        The following criteria will disqualify an inmate from minimum custody:

o       Having in their current sentence structure a conviction for a crime of violence.

o       A RFS of 10 points or more in Section A of the reclassification instrument.

o       Committed a serious violent major infraction of AR 707 within the immediately preceding 12 months.

o       Committed any major or work infraction of AR 707 within the immediately preceding 6 months.

o       Having ever been convicted of a sexual offense that is punishable as a felony.

o       Two or more charges for sexual offenses arising from separate incidents.

o       Having ever been convicted of a felony crime for any offense involving the intended death of any victim.

o       Having been convicted of a crime involving the use or threatened use of force or violence against a victim that is punishable as a felony within the immediately preceding 12 months.

o       Having ever attempted to escape or have e3ver escaped from an NDOC institution or from a community supervision program.

o       Have ever been convicted of a felony for the escape or attempted escape from any medium custody or above prison or jail.

o       Have been convicted of a felony for the escape or attempted escape from any minimum custody or below prison, jail or facility within the immediately preceding 120 months.

o       Have a current felony detainer lodged against them.

o       Have a death or live without the possibility of parole or a death sentence.

o       Require protective segregation.

o       Serving a disciplinary segregation or disciplinary detention sanction or serving a suspended disciplinary segregation or disciplinary detention sanction.

 

·        The following are discretionary exclusions for minimum custody:

o       Youthful inmate

o       Medical, dental or mental health concerns

o       Other agency escape charges

o       Disciplinary record

o       Violent Offender

o       Felony Hold

o       Concurrent or consecutive non-NDOC sentences.

o       Other relevant factors

 

·                    The following are exceptions to criteria used in determining        minimum custody:

o       Inmates serving DUI sentences under NRS 484-3792 or 484.3795, who have no non-DUI offenses as part of their sentence structure are exempt from the 36 months to probable release criteria.

o       Inmates with a RFS of 12 or more points can be considered for minimum custody on a case by case basis but will require an override from the AOMD prior to approval.

 

·        Inmates who are within 5 years of probable release and meet all other minimum custody requirements are eligible for minimum custody at Warm Springs Conservation Camp.

 

·        Staff may consider the following when evaluating inmates for minimum custody:

o       Staff should classify a minimum custody inmate after a disciplinary finding for a serious infraction or for an infraction that raises the inmate’s RFS to 12 points or more, to determine the appropriateness to retain the inmate at a minimum custody level.

 

If the determination is to increase the inmate’s custody level, a verbal override is require from the AOMD or AOMD’s designee.

 

If the determination is to increase the inmates custody level staff must immediately treat the inmates at the recommended custody level.

 

o       No inmate with a computed custody of close should be assigned to minimum or community trustee custody.

 

 

521.05             COMMUNITY TRUSTEE

 

1.      Community Trustee (CT) characteristics include the following:

 

·        Inmates assigned to CT may be assigned to facilities without perimeters or towers.

·        Housing of CT inmates may be in single or double occupancy cells or in dormitory type housing areas.

·        CT inmates are authorized access to the interior and exterior portions of any institution or facility of the department.

·        Staff supervision of CT inmates may be intermittent and on the job site.

·        The frequency of CT inmate supervision may be intermittent and based on the location and type of work in which the inmate is engaged.

·        CT inmates need not be searched within the confines of their assigned facility. 

·        Staff supervisors may require intermediate searches or searches for cause.

·        CT inmates may be searched upon return to their facility from work areas outside of the institution.

·        CT inmates are not required to be restrained during transportation activities outside of their assigned facilities.

·        CT inmates may be transported by any state employee in a state vehicle or in any private vehicle used during the course of authorized work activities.

 

2.  The following are CT criteria for off reservation work details:

 

·        Candidates for CT must be eligible for minimum custody per AR 521.04.

·        CT inmates should have a RFS of 11 points or less, except for inmates assigned to ORWD.  ORWD/CT inmates should have a RFS of 6 points or less.

·        No inmate may be assigned to CT if they have ever escaped from a jail or correctional facility.

·        Failure to appear or absconding from parole or probation is not an automatic barrier to CT.  Such cases will be evaluated on an individual basis.

·        Inmates who are assigned to CT must be within twenty four (24) months of probable release to the community on parole or discharge.

·        Candidates for CT must not have a consecutive sentence to serve.

·        No inmates can be assigned to CT custody if they have a conviction for a felony involving the use or threat of violence within the last three (3) years.

·        Inmates cannot have a conviction for a violent major infraction of AR 707.

·        Inmates cannot have been previously convicted of a serious violation of the AR 707 in the last six (6) months.

·        After an inmate is found guilty by the disciplinary hearing officer on any major violation of AR 707, a reclassification hearing should be held to determine the appropriateness of an assignment to, or retention at, CT.

·        A felony or immigration hold is an automatic barrier to CT.

o       Inmates with a RFS of 11 or more points can be considered for community trustee custody on a case by case basis but will require an override from the AOMD prior to approval.

o       No inmate with a computed custody of close should be assigned to minimum or community trustee custody.

 

521.06                         RESIDENTIAL CONFINEMENT

 

1.      Assignment to residential confinement and work programs are defined in AR 523. 

 

2.      For the purposes of custody designation, assignments to residential confinement are community trustee assignments with the specific allowances and restrictions described in the criteria in AR 523. 

 

 

521.07             APPLICABILITY

 

1.      This regulation requires an operational procedure within the Offender Management Division.

 

2.      This regulation does require an audit.

 

REFERENCES

 

AR’s 506, 507 and 523

 

 

 

 

 

____________________________                                 __________________      

Howard Skolnik, Director                                                 Date