CLASSIFICATION%20

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CLASSIFICATION RECEIVING OF OFFENDERS

• CLASSIFICATION DEFINED

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Performance Objectives

• Refer to the POST Performance Objectives

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Learning Objectives

• What is objective classification?
• What is the purpose of objective classification?
• Why is objective classification important?

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CLASSIFICATION RECEIVING OF OFFENDERS

• CLASSIFICATION DEFINED
• A systematic arrangement in groups or categories
  according to established criteria.
• -Merriam-Webster

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OBJECTIVE CLASSIFICATION

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

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Nevada Revised Statutes

• Per 209.131 the Directors duties include
• 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.
• 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.

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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 ARs
which pertain to objective classification are

• 503, 504, 521, 523 543

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What is Classification?

• 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)
• 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.
• 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

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What is the purpose of classification?

• The purpose of classification is to
• To determine if an inmates case factors warrant
  a change in custody or housing.
• Protect staff, inmates and the community
• Provide a system of positive and negative
  consequences for behavior
• 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 be present unless circumstances
  dictate otherwise.

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Classification Hearings Classification
Committee should use

• Institutional files, NOTIS/OSM information and
  information presented by the inmate or other
  interested parties

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Classification Hearings Classification Committee
should

• Determine if the inmates 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

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Classification Hearings

• When are they used?
• Employment
• Due Process Hearings
• To dispute STG status
• Intake Classifications
• Regular (6 month) reviews
• Anytime deemed necessary or appropriate

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Why is classification important?

• Classification has the potential to save lives
  when done correctly
• Classification has the potential to cost lives
  when done incorrectly

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Types of Classification

• Initial Classification
• Periodic Reclassification
• Change Classification

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Initial Classification

• Completed upon entrance into NDOC custody
• All case factors are entered into the NOTIS and
  the OSM system such as
• Crime (Instant offense)
• Sentence structure
• Gang affiliation
• Sex Offender status
• Medical, Dental Mental Health Concerns
• Educational level/testing
• Previous criminal history
• Any additional relevant case factors

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Required Documentation

• Judgment of Conviction New Commit Inmate.
• Retake Warrant Parole Violator.

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Periodic Reclassification

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

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Reception Classification

• 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.

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AR 521 Custody Categories Criteria

• Maximum Custody
• Ex Lock-up status at Ely State Prison
• Close Custody
• Ex Protective Segregation at Lovelock
  Correctional Center
• Ex General population at Ely State Prison

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AR 521 Custody Categories Criteria

• Medium Custody
• Ex General Population at Southern Desert
  Correctional Center
• Minimum Custody
• Ex Three Lakes Valley Conservation Camp
• Community Trustee
• Ex Residential Confinement
• Casa Grande Transitional Housing

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Maximum Custody Characteristics

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

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Maximum Custody includes

• Segregation at Ely State Prison
• Inmates designated as High Risk Potential (HRP)
• Inmates on Death Row (Sentenced to Death)

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Close Custody Characteristics

• Double or single cells in protective segregation
• Single cells for administrative or disciplinary
  segregation
• Direct supervision

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Close Custody Characteristics

• Separate housing from general population
• May be restrained during internal movement
• Will be restrained during external movement

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Close Custody Criteria

• 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)

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Close Custody Criteria Includes

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

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Medium Custody Characteristics

• General population of medium security institution
• Participation in work and program activities
  within the perimeter of the institution

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Medium Custody Characteristics

• Random searches
• Movement without restraints inside institution
• Movement with restraints outside institution

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NRS 209.481

1. 209.481 lists the criteria for which the Director
   shall not assign any prisoner to an institution
   or facility of minimum custody, and they are
2. Except for DUI offenses, not eligible for parole
   or release from prison within a reasonable period
3. Has recently committed a serious infraction of
   the rules of an institution or facility of the
   Department
4. Has not performed the duties assigned to him or
   her in a faithful and orderly manner
5. Has ever been convicted of a sexual offense that
   is punishable as a felony
6. 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
7. Has attempted to escape or has escaped from an
   institution of the Department.

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Minimum Custody Characteristics

• Assignment to facilities without secure
  perimeters
• Double cell or dormitory housing
• Intermittent supervision
• Random searches
• Transportation without restraints
• Work supervision by state employee (non NDOC
  staff trained to supervise inmates such as Nevada
  Division of Forestry)

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Minimum Custody Criteria

• Total Risk Factor Score (RFS) of 13 points or
  less
• Be within 36 months of probable release from NDOC
  custody
• Have performed assigned duties in a faithful or
  orderly manner

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Minimum Custody Criteria Disqualifying Criteria

• 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 any major or work infraction of AR 707
  within the immediately preceding 6 months

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Minimum Custody Criteria Disqualifying Criteria

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

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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
• Escape or attempted escape from an NDOC
  institution or community supervised program

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Minimum Custody Criteria Disqualifying Criteria

• 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
• Have a current felony detainer lodged against
  them

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Minimum Custody Criteria Disqualifying Criteria

• Have a death or life without the possibility of
  parole sentence
• Require protective segregation
• Serving a disciplinary segregation or
  disciplinary detention sanction

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Discretionary Exclusions for Minimum Custody

• Youthful Inmate
• Medical, Dental or Mental health concerns
• Other agency escape charges
• Disciplinary Record
• Violent Offender
• Concurrent or consecutive non-NDOC sentence(s)
• Other relevant factors

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Exceptions to CriteriaDetermining Minimum Custody

• Inmates serving DUI sentences under NRS 484C.400,
  484C.410, 484C.430, 488.420, 488.425 and 488.427,
  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
• Require an override from the OMD Administrator
  prior to approval

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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
  inmates RFS to 14 points or more
• If determination is NOT to increase the inmates
  custody level and no classification is done,
  verbal approval should be obtained from the OMA
  and case noted.

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Considerations Evaluating Inmates for Minimum
Custody

• If the determination is to increase the inmates
  custody level, staff must immediately treat the
  inmate at the recommended custody level and
  reclassify accordingly

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Community Trustee Custody Characteristics Include

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

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Community TrusteeCriteria

• Must be eligible for minimum custody per AR
  521.04
• Must have a RFS of 11 or less
• Inmate cannot have ever been convicted of any
  escape
• Cannot have ever been convicted of any sex
  offense

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Community TrusteeCriteria

• 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

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Conclusion

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