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HomeMy WebLinkAboutRestrictive HousingIdaho Department of Correction Standard Operating Procedure Operations Division Offender Management Control Number: 319.02.01.001 Version: 4.3 Page Number: 1 of 22 Adopted: 9-1-1995 Reviewed: 9-6-2011 Title: Restrictive Housing This document was approved by Jeff Zmuda, deputy chief of the Prisons Bureau, on 9/6/11 (signature on file). NOTE: All references to protective custody practices and procedures in this SOP have been superseded by 319.02.01.004, Protective Custody. Please refer to the new SOP for any questions regarding protective custody. NOTE: All references to short-term restrictive housing practices and procedures in this SOP are superseded by SOP 319.02.01.001, Short-Term Restrictive Housing. Open to the public: Yes BOARD OF CORRECTION IDAPA RULE NUMBER None POLICY CONTROL NUMBER 319 Restrictive Housing DEFINITIONS Standardized Terms and Definitions List Administrative Review Committee—Prisons Bureau: A committee comprised of at least the following: a deputy chief of the Prisons Bureau or designee (chairperson), a deputy attorney general (DAG), and an expert in the subject being reviewed. If the subject matter involves another Idaho Department of Correction (IDOC) bureau, the deputy chief or director of that bureau (or designee) will be the subject matter expert on the committee. A deputy chief of the Prisons Bureau can appoint additional members to the committee. Administrative Segregation: A form of segregation that is used for those offenders who pose a threat to life, property, self, staff, or other offenders or when an offender’s continued presence threatens the secure and orderly operation of the facility. Disciplinary Detention: A form of segregation that a disciplinary hearing officer can use when an offender is found guilty of an offense alleged in a Disciplinary Offense Report (DOR). Disciplinary Hearing Officer (DHO): A staff member appointed by the facility head to perform disciplinary hearings at that facility. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 2 of 22 Pre-hearing Segregation (PHS): A form of segregation that is used for those offenders who have a pending Disciplinary Offense Report (DOR) or administrative segregation hearing, where the total time allowed in segregation is seven (7) days, and where the time spent in segregation may be extended an additional seven (7) days. Protective Custody (PC): A form of administrative segregation that is used to protect an offender. Reception/Diagnostic Unit (RDU): Initial housing for newly committed offenders (except those under sentence of death) where orientation, screening, assessment, and classification occur. Restrictive Housing: A generic term that is used to describe housing that separates offenders from the general population, which type of housing and segregation includes administrative segregation, disciplinary detention, protective custody (PC), transit, segregation pending investigation (SPI), pre-hearing segregation (PHS), and offenders under sentence of death. Segregation Pending Investigation (SPI): A temporary form of segregation that is used for investigative purposes and to separate offenders from the general population so that the integrity of an investigation is not compromised. Staff Hearing Assistant: A staff member (designated by policy, directive, or standard operating procedure [SOP]) who has been trained to assist offenders during an administrative hearing or other process. Transit: A temporary form of segregation that (1) is used for an offender awaiting a bed in the general population, and (2) is not the same as the Reception/Diagnostic Unit (RDU). PURPOSE The purpose of this standard operating procedure (SOP) is to establish procedures for referral and placement of offenders to restrictive housing, to describe staff responsibilities regarding restrictive housing, and to describe the conditions of confinement (see section 18) and timelines that apply. SCOPE This SOP is applicable to all staff members at Idaho Department of Correction (IDOC) correctional facilities and community work centers (CWCs). (Hereinafter, correctional facilities and CWCs will be referred to as ‘facilities’ except where a process is specific to only a correctional facility or CWC.) RESPONSIBILITY Facility heads are responsible for implementing this SOP and monitoring staff compliance with the procedures and practices contained herein. Table of Contents GENERAL REQUIREMENTS .............................................................................................. 4 1. Overview ........................................................................................................................ 4 2. Categories of Restrictive Housing ................................................................................... 5 Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 3 of 22 3. Placement Authorization ................................................................................................. 5 Short-term Restrictive Housing Placement Authorities and Time Limits .................... 5 Long-term Restrictive Housing Placement Authorities .............................................. 6 4. Release from Restrictive Housing ................................................................................... 6 Segregation Pending Investigation (SPI) and Pre-hearing Segregation (PHS) .......... 6 Disciplinary Detention ............................................................................................... 6 Administrative Segregation and Protective Custody (PC) ......................................... 6 Transit ...................................................................................................................... 6 5. Alerts .............................................................................................................................. 7 PRP Alert Criteria ..................................................................................................... 7 PTC Alert Criteria...................................................................................................... 7 6. Reception/Diagnostic Unit (RDU) Screening................................................................... 8 Screening for Protective Custody (PC) ..................................................................... 8 Screening for Violent and Sexual Predator Behaviors ............................................... 8 7. Emergency Restrictions and Lockdowns ........................................................................ 8 8. Procedures for Facilities without Restrictive Housing Capacity ....................................... 8 9. Calculating Time Limits of Restrictive Housing Processes .............................................. 8 10. Restrictive Housing Committees ..................................................................................... 8 Restrictive Housing Placement Committee ............................................................... 8 Restrictive Housing Review Committee .................................................................... 9 11. Mental Health Services ................................................................................................... 9 Services for Mentally Ill Offenders ............................................................................ 9 Out-of-Cell Interviews ............................................................................................... 9 Additional Mental Health Services ............................................................................ 9 12. Protective Custody (PC) ................................................................................................10 Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 4 of 22 Types of PC .............................................................................................................10 13. Referral and Placement of Offenders into Restrictive Housing ......................................10 Table 13-1: Segregation Pending Investigation (SPI) Placement Procedures ..........10 Table 13-2: Pre-hearing Segregation (PHS) Placement Procedures ........................12 Conducting an Administrative Segregation Hearing .................................................12 Table 13-3: Administrative Segregation Hearing Procedures ...................................13 14. Monitoring and Documentation of Restrictive Housing ...................................................14 Monitoring Frequency and Responsibilities ..............................................................15 15. Restrictive Housing Review Committee .........................................................................16 16. Annual Restrictive Housing Placement Committee Review ...........................................18 17. Restrictive Housing Staffing ...........................................................................................19 18. Conditions of Confinement ............................................................................................19 19. Food Service .................................................................................................................20 REFERENCES ................................................................................................................... 21 GENERAL REQUIREMENTS 1. Overview Restrictive housing beds are limited in a correctional system. It is important that only those offenders who need restrictive housing be assigned there. Without turnover in the restrictive housing units, there will be insufficient capacity to house new referrals. An agency unable to isolate disruptive/violent offenders in restrictive housing will be at risk to disruption and incidents affecting offender and staff safety. Unless circumstances and offender behavior dictate otherwise, staff members will manage offenders in the general population at the lowest appropriate custody level. Monitoring offenders assigned to restrictive housing is important to assess offenders’ willingness and ability to change and to look for signs of mental deterioration that could lead to self-destructive behavior. When the need to segregate an offender no longer exists, the offender should be returned to general population. Facility heads are responsible for developing field memorandums to review offenders placed in segregation pending investigation (SPI) and pre-hearing segregation (PHS) to determine if the need for segregation still exists and to ensure that investigations and hearings are conducted within the timelines established in this SOP. Note: If an offender with a disability requiring a wheelchair is placed in restrictive housing, the offender must be placed in a wheelchair accessible cell. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 5 of 22 2. Categories of Restrictive Housing Short-term restrictive housing (less than 30 days): • Disciplinary detention (See SOP 318.02.01.001, Disciplinary Procedures: Offender.) • Pre-hearing segregation (PHS) • Segregation pending investigation (SPI) • Transit Long-term restrictive housing: • Administrative segregation • Protective custody (PC) 3. Placement Authorization When an offender is placed in restrictive housing, including changes in status such as from SPI to PHS, an authorized authority as designated in this section must approve appendix A, Restrictive Housing Order. The Restrictive Housing Order provides notice to the offender regarding his housing status and is a mechanism for staff to track timelines for procedural purposes. The placement authority will ensure that the appropriate action such as an investigation or a Disciplinary Offense Report (DOR) is completed in accordance with the time limits. Under extenuating circumstances the SPI and PHS can be extended an additional seven (7) days. A deputy warden or facility head must approve extensions. Short-term Restrictive Housing Placement Authorities and Time Limits Note: Although not listed in this section, offenders under suicide watch are in a restrictive environment. A suicide watch is used until the offender is beyond the crisis, which is usually a short period; however, most activities and privileges are withheld during this time. Offenders on a suicide watch should not be placed in restraints, unless an obvious safety or security issue exists. Suicide watch procedures are found in directive 315.02.01.001, Suicide Risk Management and Intervention Program, and must be followed. SPI (time limit: 14 days) • Shift commander • Security manager • Deputy warden • Facility head PHS (time limit: seven [7] days) • Shift commander • Security manager • Deputy warden • Facility head Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 6 of 22 Disciplinary Detention (time limit: 30 days) Disciplinary hearing officer (DHO); See SOP 318.02.01.001, Disciplinary Procedures: Inmates Transit • Shift commander • Move coordinator • Assigned facility investigator(s) • Unit sergeant Long-term Restrictive Housing Placement Authorities Note: Offenders under sentence of death are automatically assigned to administrative segregation. Refer to directive 319.02.01.002, Inmates under Sentence of Death. Administrative Segregation • Facility head • A deputy chief of the Prisons Bureau • Chief of the Operations Division • Director of the IDOC Protective Custody (PC) • Facility head • A deputy chief of the Prisons Bureau • Chief of the Operations Division • Director of the IDOC 4. Release from Restrictive Housing Segregation Pending Investigation (SPI) and Pre-hearing Segregation (PHS) The authority that placed the offender in SPI or PHS can authorize the offender’s release or a higher-ranking, authorized person can authorize the offender’s release. Disciplinary Detention The appellate or review authority as designated in SOP 318.02.01.001, Disciplinary Procedures for Inmate, can authorize the offender’s release. Administrative Segregation and Protective Custody (PC) The facility head, a deputy chief of the Prisons Bureau, chief of the Operations Division, and the director of the IDOC can authorize an offender’s release. Transit Offenders in transit are released following their arrival at the receiving facility. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 7 of 22 5. Alerts The alerts section in the IDOC’s computerized Offender System tracks special concerns about offenders such as security risk and special placement considerations. The restrictive housing placement process will manage the sexual predatory behavior (PRP) and Protective Custody (PTC) alerts. In addition to the PRP and PTC alerts, the following alerts are important when making restrictive housing decisions: • Persistent sexual activity (PSA) • At-risk person (ARP) (e.g. potential victim) • Escape risk (ESC) PRP Alert Criteria The PRP alert is reserved for those offenders that pose a significant risk of sexual violence toward staff members or offenders to the extent that the offender must be placed in restrictive housing. A deputy chief of the Prisons Bureau must authorize all PRP alerts and any modification of the PRP alert status. The criteria listed below require a referral to the Restrictive Housing Placement Committee (RHPC); however, the absence of these criteria does not limit a deputy chief of the Prisons Bureau the authority to place a PRP alert: • Either a criminal conviction of male rape or a DHO’s finding of guilt for a disciplinary offense of rape or forcible sexual act (see SOP, 318.02.01.001, Disciplinary Procedures for Inmates), or • Two (2) or more of the following: − The offender has a history of sexual crimes that include assaultive or predatory behavior. − The offender has been designated a violent sexual predator for an assaultive sex offense. − The offender has one or more sexual behavior disciplinary offense convictions (see SOP, 318.02.01.001, Disciplinary Procedures for Inmates). − The offender has a PSA alert and is convicted of a sexual behavior disciplinary offense (See SOP, 318.02.01.001, Disciplinary Procedures: Offender). PTC Alert Criteria When offenders are placed in PC, the chairperson of the RHPC will ensure that the PTC alert is activated. When offenders are released from PC, the chairperson of the RHPC will ensure the alert is deactivated. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 8 of 22 6. Reception/Diagnostic Unit (RDU) Screening Screening for Protective Custody (PC) Staff at IDOC reception/diagnostic units (RDUs) will require that all incoming offenders complete appendix B, Reception/Diagnostic Questionnaire. If an offender answers yes to any question on the questionnaire or if RDU staff feel the offender may require placement in PC, RDU staff will refer the offender to the RHPC in accordance with this SOP. Screening for Violent and Sexual Predator Behaviors RDU staff will refer any offender meeting the criteria for a PRP alert (section 5) to the RHPC. In addition, RDU staff will refer to the RHPC any offender with historical or current nonsexual violent behavior that warrants review for restrictive housing. 7. Emergency Restrictions and Lockdowns In an emergency, when a section, housing unit, or entire facility is locked down, individual RHOs are not required. The shift commander is responsible for reporting such actions to the facility duty officer and the administrative duty officer, and for sending a Critical Incident Report (CIR) in accordance with SOP 105.02.01.001, Reporting and Investigation of Major Incidents. 8. Procedures for Facilities without Restrictive Housing Capacity Some community work centers (CWCs) and minimum custody facilities are not located near correctional facilities that have restrictive housing capacity, and therefore shall use temporary restrictive housing such as county jails, secure areas within the CWC or minimum custody facility, or other correctional facilities pending the offender’s transfer to an appropriate IDOC facility. After the offender is transferred, any remaining processes described in this SOP will occur. Facility heads using temporary restrictive housing must follow and/or develop a field memorandum to manage this transitional step to include serving the RHO, monitoring of the offender pending transfer, and serving as a liaison with the Offender Placement Unit to facilitate the offender’s timely transfer to a secure facility. 9. Calculating Time Limits of Restrictive Housing Processes When calculating time in restrictive housing, staff can use this example: If an offender is placed in restrictive housing on a Tuesday, the next day (Wednesday) at midnight would be day one. When an offender is scheduled for release from restrictive housing, the release would be accomplished no later than midnight of the day of release. Facility heads at facilities with restrictive housing capacity will ensure there is a tracking log, computerized system, or other method to track the timelines and status of offenders housed in short-term restrictive housing and that procedures and practices are established to monitor the status of offenders to ensure that timelines established in this SOP are met. 10. Restrictive Housing Committees Restrictive Housing Placement Committee The Restrictive Housing Placement Committee (RHPC) is an executive-level committee. The facility head will designate the members of this committee. The committee consists of a minimum of three (3) staff members with at least one representing facility security; Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 9 of 22 one representing the Education, Treatment, and Reentry Bureau; and a deputy warden as the chairperson. The chairperson is responsible for ensuring pertinent record keeping pursuant to this SOP. Restrictive Housing Review Committee This committee is normally the Case Management Team (CMT) of the restrictive housing unit. The committee consists of at least three (3) staff members with at least one representing facility security and one representing the Education, Treatment, and Reentry Bureau. The facility head must designate a Restrictive Housing Review Committee chairperson. The chairperson is responsible for ensuring record keeping pursuant to this SOP. 11. Mental Health Services At times, mentally ill offenders must be separated from the general population for the purpose of investigation, disciplinary detention, protection from other offenders, or to protect other offenders from the mentally ill offender. Mental health services will continue to be provided to mentally ill offenders housed in restrictive housing. In addition to services provided to offenders suffering from mental illness, it is also important that mental health professionals monitor the mental well-being of all offenders housed in long-term restrictive housing. A mental health professional will ensure that each tour of the restrictive housing unit by mental health staff is documented (e.g., date, time, and mental health professional’s name) in the unit log. Services for Mentally Ill Offenders Within one business day of placement in restrictive housing, a mental health professional will review any offender who has been designated as suffering from a major mental illness. The mental health professional will discuss the need for restrictive housing with the chairperson of the RHPC to determine if any alternative housing could meet the needs of the facility and the offender. However, a mentally ill offender may remain in restrictive housing but with enhanced mental health services. Out-of-Cell Interviews The mental health professional may request to interview a mentally ill offender in a private setting. Security staff will normally escort such offenders in restraints in accordance with this SOP (the facility head or facility duty officer can make exceptions). Security staff shall maintain visual observation of the mentally ill offender during the interview but will maintain enough distance so the conversation remains private. Additional Mental Health Services When an offender is placed in long-term restrictive housing, a mental health professional will conduct interviews on the following schedule: • 30 days after the initial placement; • 90 days after the initial placement and every 90 days thereafter. In accordance with directive 315.02.01.001, Suicide Risk Management and Intervention Program, a mental health professional (suicide risk management coordinator or suicide risk manager) will tour restrictive housing each week. The staff member will communicate with each offender at cell front. The staff member shall also communicate Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 10 of 22 with unit staff and review unit logs and conditions of confinement (see section 18) for issues that might signal a mental health concern. Security staff shall visually monitor the mental health professional for safety during the unit tour but will maintain enough distance so the staff member and offender’s conversation remains private. If the mental health professional determines that an offender is decompensating, he will immediately notify the chairperson of the RHPC. 12. Protective Custody (PC) PC separates an offender from the general population for that offender’s safety. In most cases, the goal is to integrate the offender into the general population when it is reasonably safe to do so. Often an offender’s own behaviors contribute to the need for protection. Most offenders can correct these behaviors and successfully return to the general population. Any offender can request PC (verbally or in writing). When an offender requests PC, staff will immediately contact the shift commander and keep the offender in a safe environment until the shift commander can have the offender moved to SPI. In addition, if a staff member becomes aware that an offender may require PC, he will immediately implement the process steps in section 13. After being placed in SPI, the offender should complete appendix C, Request for Protective Custody. However, if the offender refuses or is unable to complete the Request for Protective Custody, the RHPC process will continue. Types of PC Since offenders housed in PC vary in the level of protection required and their stage of reintegration into the general population, the Prisons Bureau uses two (2) levels of confinement for PC. Level One (1) Level one (1) PC provides the highest security and is therefore the most restrictive. Level one (1) PC conditions of confinement (see section 18) and property limits cannot exceed those described in this SOP or in SOP 320.02.01.001, Property: State-issued and Offender Personal Property. Level Two (2) Level two (2) PC provides a structured transition period for those offenders preparing for integration with the general population or a less restrictive environment for those offenders that do not require the security of level one (1) PC. Each facility with level two (2) PC will establish conditions of confinement (see section 18) and property limits (see SOP 320.02.01.001, Property: State-issued and Offender Personal Property) in its field memorandum. These conditions of confinement cannot be more restrictive than level one (1) PC, and neither the conditions of confinement nor the property limits will be more lenient than the custody level of the facility in which the offenders are housed. 13. Referral and Placement of Offenders into Restrictive Housing Table 13-1: Segregation Pending Investigation (SPI) Placement Procedures Functional Roles and Responsibilities Step Tasks Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 11 of 22 Functional Roles and Responsibilities Step Tasks IDOC Staff 1 Observes and/or determines that an offender should be placed in SPI for one or more of the following reasons: • The offender requires or has requested protection. • To ensure integrity of a criminal or administrative investigation. • To stabilize a volatile or difficult situation. • To provide a cooling-off period for agitated or combative offenders. • To isolate a sexual predator. • To isolate an offender whose behavior is a threat to the safe and orderly operation of the facility. IDOC Staff 2 Contact the shift commander or other staff member authorized to make placement in SPI. Placement Authority 3 If placement in SPI is appropriate, authorize placement in SPI and complete appendix A, Restrictive Housing Order. Placement Authority 4 Ensure that the facility tracking log is completed. Placement Authority 5 Ensure that the offender is served a copy of the Restrictive Housing Order within eight (8) hours of placement in SPI. Placement Authority 6 Notify the facility head of the offender’s placement in SPI. Placement Authority 7 Ensure that a staff member is assigned to investigate protective custody (PC) referrals. Staff Member Assigned to Investigate 8 Complete the investigation within 14 business days. Staff Member Assigned to Investigate 9 If the investigation finding supports referral to administrative segregation or PC, submit appendix D, Restrictive Housing Referral Notice to the chairperson of the Restrictive Housing Placement Committee (RHPC). Note: The process skips to step 11. Placement Authority 10 If the SPI placement is concerning a criminal/administrative investigation and a Disciplinary Offense Report (DOR) is warranted, see the ‘pre-hearing segregation (PHS) placement’ procedure in table 13-2. Chairperson of the Restrictive Housing Placement Committee (RHPC) or Designee 11 If the offender remains in restrictive housing, serve the offender the Restrictive Housing Referral Notice. Offender 12 Signs for the receipt of the Restrictive Housing Referral Notice. Chairperson of the RHPC (or Designee) 13 Witness the offender’s signature. Chairperson of the RHPC (or Designee) 14 Forward a copy of the Restrictive Housing Referral Notice to the facility records clerk. Note: See the ‘conducting an administrative segregation hearing’ procedures in table 13-3. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 12 of 22 Functional Roles and Responsibilities Step Tasks Facility Records Clerk 15 File a copy of the Restrictive Housing Referral Notice and a copy of the Restrictive Housing Order in the offender’s central file. Table 13-2: Pre-hearing Segregation (PHS) Placement Procedures Functional Roles and Responsibilities Step Tasks IDOC Staff 1 Observes or has knowledge of an offender whose behavior is a threat to the safe and orderly operation of the facility pending a disciplinary hearing. IDOC Staff 2 Refer the offender to the shift commander or other staff member authorized to make placement in PHS. Placement Authority 3 If placement in PHS is appropriate, authorize placement in PHS and complete appendix A, Restrictive Housing Order. Placement Authority 4 Ensure that the facility tracking log is completed. Placement Authority 5 Ensure that the offender is served a copy of the Restrictive Housing Order within eight (8) hours of placement in PHS. Shift Commander 6 Notify the facility head of the offender’s placement in PHS. Shift Commander (or Designee) 7 Ensure that a Disciplinary Offense Report (DOR) is written and submitted to a disciplinary hearing officer (DHO). DHO 8 Hear the DOR within seven (7) business days in accordance with SOP 318.02.01.001, Disciplinary Procedures: Offender. DHO 9 Complete a new Restrictive Housing Order and notify appropriate staff regarding any detention time received or of the offender’s release from segregation. Conducting an Administrative Segregation Hearing The offender should have at least 48 hours preparation time following service of appendix D, Restrictive Housing Referral Notice. The offender can waive this minimum preparation period in writing. Hearings can be held sooner if delaying the hearing would put the offender at undue risk. The offender can request a staff hearing assistant by submitting a written request to the chairperson of the RHPC within 24 hours of being served with appendix D, Restrictive Housing Referral Notice. If the offender will have difficulty understanding the proceeding, the chairperson of the RHPC can appoint a staff hearing assistant without receiving a request from the offender. A staff hearing assistant should be appointed if one or more of the following exists: • Confidential information exists; • The offender is illiterate; • The offender has a mental/physical disability that prevents understanding of the procedure; or • The offender requires a translator. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 13 of 22 Table 13-3: Administrative Segregation Hearing Procedures Functional Roles and Responsibilities Step Tasks Chairperson of the Restrictive Housing Placement Committee (RHPC) 1 Schedule a RHPC hearing within seven (7) business days of serving the offender with appendix D, Restrictive Housing Referral Notice. Chairperson of the RHPC 2 Coordinate with other committee members, staff, and offenders to ensure that all pertinent information, personnel, and resources are available at the time of the hearing. RHPC 3A Conduct the RHPC hearing. Information to be considered for steps 3A and 3B includes the following: • Alerts (See section 5 of this SOP.) • Protective Custody (PC) investigation report • Disciplinary history • Past criminal record • Prison records from past incarcerations • Psychological information • Attitude toward authority RHPC 3B • Institutional record while on work assignments • Participation in IDOC change programs • Willingness and ability to live with other offenders • Classification • All documented behavior • Escape risk • Drug/contraband trafficking • Security threat group (STG) involvement • Evidence presented by the offender in his defense. RHPC 4 Deliberate outside the presence of the offender. Chairperson of the RHPC 5 • Complete appendix E, Restrictive Housing Hearing and Investigation Summary. (Note: If the placement involves an issue that requires a sexual predatory (PRP) or protective custody (PTC) alert, ensure that the alert status recommendation is clearly stated in the Restrictive Housing Hearing and Investigation Summary.) • Forward the Restrictive Housing Hearing and Investigation Summary to the facility head. Facility Head 6 • Review the RHPCs’ recommendations, and approve, modify, or deny the recommendations. • If a PRP alert was considered, proceed to step 7. • If there is no PRP alert, skip to step 12. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 14 of 22 Functional Roles and Responsibilities Step Tasks Facility Head 7 • Review the recommendation for a PRP alert. • If the facility head decides a PRP alert is not warranted he will notify the committee of his decision, the PRP alert will not be activated, and the process for the PRP alert will end with this step (the facility head may have a different alert activated). • If the facility head recommends the PRP alert, forward the investigation packet and recommendations to a deputy chief of the Prisons Bureau. Deputy Chief of the Prisons Bureau 8 Convene an Administrative Review Committee. Administrative Review Committee 9 Review the recommendation and supporting information and request additional information if needed. Administrative Review Committee 10 Approve or deny the PRP alert status. Note: This decision is limited to the application of the PRP alert status, and the offender may still be placed in administrative segregation, unless a deputy chief of the Prisons Bureau specifically determines otherwise. Administrative Review Committee 11 Forward the information packet and decision back to the sending facility head. Facility Head 12 Review the information, and forward it to the chairperson of the RHPC. Chairperson of the RHPC 13 • Receive the final decision. • If a PRP or PTC alert was approved, ensure the alert is activated in the Offender System. • Notify uniformed staff of the final placement decision. • File the signed copy of the Restrictive Housing Hearing and Investigation Summary in the restrictive housing investigative file. • Ensure the offender receives a Restrictive Housing Order that indicates restrictive housing status. • Forward the Restrictive Housing Hearing and Investigation Summary to the facility records clerk for placement in the offender’s central file. Uniform staff 14 Take action to make appropriate housing assignment of offender based upon approval authority’s final decision. Note: An offender can use the grievance procedure to address concerns regarding placement and assignment to restrictive housing. (Refer to SOP 316.02.01.001, Grievances and Informal Resolution Procedure for Offenders.) 14. Monitoring and Documentation of Restrictive Housing Uniform staff; clinicians; Education, Treatment, and Reentry staff; medical staff; and mental health staff must make regular visits to the restrictive housing unit and document their visits and observations of offenders. All staff members will take immediate action to address any Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 15 of 22 concerns discovered during restrictive housing tours or through interactions with offenders and staff. Monitoring Frequency and Responsibilities Shift Commander Once each shift, visit all cells in the restrictive housing unit(s) and review all logs. Unit Supervisor • Ensure that each offender has a valid RHO. • At least weekly, conduct reviews of the conditions of confinement logs and unit logbooks. • Report concerns about the restrictive housing unit or staffing issues to the facility head. • Based upon observations or discussions with offenders, make notes as appropriate in the Corrections Integrated System (CIS) as a restrictive housing c-note type. Unit Uniform Staff • Record tours of restrictive housing in the facility log. • Check each restrictive housing cell at least one time every 30 minutes on an irregular basis. Be alert to: − Cleanliness − Hygiene − Laundry needs − Security issues − Maintenance issues − Offender needs/problems − Unusual or suicidal behavior ♦ For suicidal behavior, immediately implement the provisions of directive 315.02.01.001, Suicide Risk Management and Intervention. ♦ Record activities on appendix F, Conditions of Confinement Log. (If an activity is not listed on the Conditions of Confinement Log, record it in the unit logbook.) ♦ Make entries as appropriate in the CIS as a restrictive housing c- note type. Control Officer/Officer in Charge Record tier/cell checks being made by officers and staff in the restrictive housing unit logbook. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 16 of 22 Medical Staff At least three (3) times per week, make visits to each restrictive housing cell (making verbal and visual contact) to provide qualified medical care as required. Mental Health Services and Suicide Risk Management Provide services as described in section 11. 15. Restrictive Housing Review Committee The Restrictive Housing Review Committee provides an ongoing review of offenders assigned to restrictive housing to monitor each offender’s willingness and ability to change or who have signs of mental deterioration that could lead to self-destructive behavior. The Restrictive Housing Review Committee will use the following steps to monitor offenders assigned to restrictive housing: Functional Roles and Responsibilities Step Tasks Chairperson of the Restrictive Housing Review Committee 1 Schedule, coordinate, and conduct Restrictive Housing Review Committee hearings. Restrictive Housing Review Committee 2 Review offenders in restrictive housing every 30 days for the first 90 days. Note: These can be document reviews, and the offender need not be present. 30-day restrictive housing reviews are documented on appendix G, Restrictive Housing Status Report, if no change in placement is recommended, or on appendix E, Restrictive Housing Hearing and Investigation Summary, when a change in placement is recommended. Restrictive Housing Review Committee 3 Review the offender in a face-to-face hearing every 120 days. Note: 120-day restrictive housing reviews are documented on the Restrictive Housing Status Report, if no change in placement is recommended, or the Restrictive Housing Hearing and Investigation Summary, when a change in placement is recommended. Chairperson of the Restrictive Housing Review Committee 4 • If a change in status is recommended, forward the Restrictive Housing Hearing and Investigation Summary to the facility security manager for review, and proceed to step 5. • For those offenders where no change is recommended, forward the Restrictive Housing Status Report directly to the facility head. (The process skips to step 6.) Facility Security Manager 5 Review the Restrictive Housing Hearing and Investigation Summary, make a recommendation, and forward it to the facility head. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 17 of 22 Functional Roles and Responsibilities Step Tasks Facility Head 6 • Review the recommendations made in the Restrictive Housing Hearing and Investigation Summary; • Approve, modify, or deny the recommendations; and • If the offender has a sexual predatory behavior (PRP) alert proceed to step 7, if not, skip to step 12. Facility Head 7 Forward the Restrictive Housing Hearing and Investigation Summary and supporting documentation to a deputy chief of the Prisons Bureau. Deputy Chief of the Prisons Bureau 8 Convene an Administrative Review Committee. Administrative Review Committee 9 Review the recommendation and supporting information, and request additional information if needed. Administrative Review Committee 10 Approve or deny the deactivation of the PRP alert status. Note: A PRP alert can be deactivated, although the offender may remain in administrative segregation; however, if the PRP alert remains in effect, the offender cannot be released from restrictive housing. Administrative Review Committee 11 Forward the information packet and decision to the sending facility head. Facility Head 12 Return the Restrictive Housing Hearing and Investigation Summary and the Restrictive Housing Status Report to the chairperson of the Restrictive Housing Review Committee. Chairperson of the Restrictive Housing Review Committee 13 • Receive the final decision regarding offender restrictive housing status; • Notify security staff of any status changes; • Provide security staff with a copy the Restrictive Housing Hearing and Investigation Summary; and • If the release involves a change in either a protective custody (PTC) or PRP alert, ensure the alert is deactivated and changed to an appropriate status (see the note box that follows this table). Uniform Staff 14 Facilitate a housing assignment change, as appropriate, per the placement authority’s final decision. Chairperson of the Restrictive Housing Review Committee 15 • Send the Restrictive Housing Hearing and Investigation Summary to the facility records clerk for filing in the offender’s central file; and • File the Restrictive Housing Status Report along with other pertinent documents in the chairperson’s office. Note: When a PRP alert is deactivated, the PSA alert must be activated with the following information added: “PRP alert deactivated and offender released from administrative segregation on (add date).” When a PTC alert is deactivated, the offender conflict (INM) alert must be activated with the following information added: “PTC alert deactivated and offender released from protective custody on (add date).” Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 18 of 22 16. Annual Restrictive Housing Placement Committee Review At least annually, the Restrictive Housing Placement Committee (RHPC) will conduct a face- to-face review with all offenders in restrictive housing using the following steps: Functional Roles and Responsibilities Step Tasks Chairperson of the Restrictive Housing Placement Committee (RHPC) 1 Initiate an annual face-to-face review with all offenders assigned to restrictive housing. Chairperson of the RHPC 2 Complete appendix E, Restrictive Housing Hearing and Investigation Summary, and if the offender has a sexual predatory behavior (PRP) or protective custody (PTC) alert, ensure that you include the committee’s recommendation regarding the alert and housing requirements. Chairperson of the RHPC 3 Forward the Restrictive Housing Hearing and Investigation Summary to the facility head. Facility Head 4 • Review any recommendations to modify restrictive housing status and approve, modify, or deny the recommendations. • If the recommendation is to release an offender with a PRP alert or to modify the alert, proceed to step 5. • If the decision is to deny the offender’s release from restrictive housing, or if the offender is approved for release and does not have a PRP alert, skip to step 10. Facility Head 5 Forward the Restrictive Housing Hearing and Investigation Summary and supporting documentation to a deputy chief of the Prisons Bureau. Deputy Chief of the Prisons Bureau 6 Convene an Administrative Review Committee. Administrative Review Committee 7 Review the recommendation and supporting information, and request additional information if needed. Administrative Review Committee 8 Approve or deny the deactivation of the PRP alert status. Note: A PRP alert can be deactivated, although the offender may remain in administrative segregation. Administrative Review Committee 9 Forward the information packet and decision back to the sending facility head. Facility Head 10 Deny or approve modification on those offenders without a PRP alert. Facility Head 11 Return the Restrictive Housing Hearing and Investigation Summary to the chairperson of the RHPC. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 19 of 22 Functional Roles and Responsibilities Step Tasks Chairperson of the RHPC 12 • Receive the final decision regarding offender restrictive housing status, and notify security staff of any status changes. • Provide security staff with a copy of the Restrictive Housing Hearing and Investigation Summary. • If the release involves a change in either a PTC or PRP alert, ensure the alert is changed (see note in section 15). Uniform Staff 13 Facilitate housing assignment change, as appropriate, in accordance with approval authority’s final decision. Chairperson of the RHPC 14 Forward copy of the Restrictive Housing Hearing and Investigation Summary to the facility records clerk to be filed in the offender’s central file. 17. Restrictive Housing Staffing Restrictive housing posts are exempt from the seniority bid process. (See SOP 216.02.01.002, Staffing Security: Post, Vacation, and Scheduled Leave Management.) 18. Conditions of Confinement Conditions of confinement are conditions such as access to healthcare, showers, movement, and exercise. The conditions of confinement for offenders in restrictive housing are as follows: • Privileges consistent with available resources based on the security needs of the unit. • From within their cells, when in recreation areas, and while being moved in the restrictive housing unit, have freedom to talk with other offenders on the respective unit or tier. • Have access to parole planning (and programs) but are not entitled to all programs or privileges afforded the general population. • Receive prescribed medication. • Have clothing that is standard facility issue and access to basic personal items, unless there is imminent danger that the offender will become destructive or self- injurious. (Offenders in detention status will be issued coveralls or scrubs.) • Have opportunities for personal hygiene similar to those available to the general population, except that an offender may be limited to three (3) showers per week. • Receive the same quality and portions of food, including selective and medical diets (see SOP 404.02.01.003, Diets for Inmates: Selective, Medical, Special Provision, and Infirmary) as served to general population offenders. • Receive bedding supplies and provisions for laundry, barbering, and hair care. • Have the same opportunities for writing and receiving letters as the general population. Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 20 of 22 • Have exercise periods available a minimum of one hour per day, five (5) days per week, unless circumstances make such exercise periods impractical. The facility head (or designee) can approve that an offender remain in restraints during exercise if the offender’s behavior puts staff or others at risk of bodily harm. • Receive recreation outside, unless weather, security, or safety considerations dictate otherwise. • Movement outside an offender’s cell and unit will usually be in restraints. If the use of restraints worsen a mentally ill offender’s condition or the use of restraints is unwarranted, the facility head or facility duty officer can make exceptions allowing offenders to be moved without the use of restraints. Facility heads may establish procedures in field memorandum for limited movement without restraints for offenders housed in double-bunked cell assignments to activities such as showers and microwave access. • Have access to courts in accordance with SOP 405.02.01.001, Access to Courts, and field memorandum. • Practice religious beliefs in accordance with SOP 403.02.01.001, Religious Activities, and field memorandum. • Make one telephone call per month. Time limits may be defined in field memorandum by submitting a request to the Unit Management Team. Additional telephone calls may be permitted as described in field memorandum. Offenders in detention may request to make a telephone call after 20 days in detention assignment. Offenders in SPI or PHS status should not be allowed to place telephone calls. • Receive one visit per month by submitting a request to the Unit Management Team. Offenders in SPI or PHS status should not receive visits. Offenders in detention may request a visit after 20 days. These limits do not apply to attorney visits. These visits can take place in the appropriate visiting area, as scheduled by the attorney with the facility head (or designee). • Be allowed to purchase up to fifty dollars ($50) per week in approved items through the commissary in accordance with SOP 320.02.01.001, Property: State-issued and Offender Personal Property. (Exception: Detention offenders may only purchase envelopes.) • Possess personal property as listed in SOP 320.01.01.001, Property: State-issued and Offender Personal Property. Note: Deprivation of an authorized item, activity, or service must be documented in an Information Report (IR) and appendix F, Conditions of Confinement Log. The IR is to be submitted to the facility’s assigned deputy warden/chief of security. (To obtain an IR, see SOP 105.02.01.001, Reporting and Investigation of Major Incidents). 19. Food Service Food may not be used as a form of punishment. Alternative meal service, such as ‘nutra-loaf’, may be used if a restrictive housing offender uses food or food service equipment in a manner hazardous to self, staff, or other offenders. Examples of hazardous behavior involving food service equipment/food include refusing to Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 21 of 22 surrender a food tray, breaking food trays, using food trays or utensils to harm self or others, using food utensils or trays to expose staff or others to bodily fluids, etc. Alternative meal service must meet basic nutritional requirements and occur only with the prior approval of the facility head (or facility duty officer). The alternative meal service may not exceed seven (7) days. (See SOP 404.02.01.002, Diet for Inmates: Selective, Medical, Special Provision, and Infirmary for Restrictive Housing Offenders.) When an offender is placed on alternative meal service and when the offender is removed from alternative meal service, the facility head (or designee) will send a 105, Incident Report. (See SOP 105.02.01.001, Reporting and Investigation of Major Incidents). REFERENCES Appendix A, Restrictive Housing Order Appendix B, Reception/Diagnostic Questionnaire Appendix C, Request for Protective Custody Appendix D, Restrictive Housing Referral Notice Appendix E, Restrictive Housing Hearing and Investigation Summary • Appendix E (Fill-in version) Appendix F, Conditions of Confinement Log Appendix G, Restrictive Housing Status Report • Appendix G (Fill-in version) Standard Operating Procedure 315.02.01.001, Suicide Risk Management and Intervention Program Standard Operating Procedure 319.02.01.002, Inmates under Sentence of Death Standard Operating Procedure 105.02.01.001, Reporting and Investigation of Major Incidents Standard Operating Procedure 216.02.01.002, Staffing Security: Seniority, Post, Vacation, and Scheduled Leave Management Standard Operating Procedure 316.02.01.001, Grievances and Informal Resolution Procedure for Offenders Standard Operating Procedure 318.02.01.001, Disciplinary Procedures for Inmates Standard Operating Procedure 320.02.01.001, Property: State-issued and Inmate Personal Property Standard Operating Procedure 149.01.01.001, Prison Rape Elimination Standard Operating Procedure 403.02.01.001, Religious Activities Standard Operating Procedure 404.02.01.002, Alternative Meal Procedures for Restrictive Housing Offenders Standard Operating Procedure 404.02.01.003, Diets for Inmates: Selective, Medical, Special Provision, and Infirmary Standard Operating Procedure 405.02.01.001, Access to Courts Control Number: 319.02.01.001 Version: 4.3 Title: Restrictive Housing Page Number: 22 of 22 – End of Document – IDAHO DEPARTMENT OF CORRECTION Reception/Diagnostic Questionnaire Appendix B 319.02.01.001 (Appendix last updated 9/6/11) Date: Offender’s Name: IDOC #: 1. Have you ever received any threats or pressure from other offenders in a county jail or a correctional facility? Yes No If answered Yes, explain: 2. Do you owe any money to any offenders in a county jail or correctional facility? Yes No If answered Yes, explain: 3. Would your current crime or any past crime cause you to expect threats or pressure from other offenders? Yes No If answered Yes, explain: 4. Have you ever been physically or sexually threatened or attacked in a county jail or correctional facility? Yes No If answered Yes, explain: 5. Do you feel that you need to be segregated from other offenders for any reason? Yes No If answered Yes, explain: Offender’s signature Date Staff signature and associate # Date Action Taken: IDAHO DEPARTMENT OF CORRECTION Request for Protective Custody Appendix C 319.02.01.001 (Appendix last updated 9/6/11) Date: Offender’s Name: IDOC #: Reason for requesting protective custody: Names of offenders that present a threat to you: Do you owe money? Yes No To whom do you owe money? Other reasons for requesting protective custody: Offender’s signature Date Witnessed by: Associate Number: Date: Action taken: IDAHO DEPARTMENT OF CORRECTION Restrictive Housing Referral Notice Appendix D 319.02.01.001 (Appendix last updated 9/6/11) Date: To: IDOC No.: From: Restrictive Housing Referral Chair Person Facility: Re: Referral to Restrictive Housing You have been referred to the Restrictive Housing Placement Committee. You will have the opportunity to attend a hearing to determine whether placement in restrictive housing is appropriate. The hearing will be held no sooner than 48 hours but not more than seven (7) days from today’s date. In making a decision, the committee may consider your entire central file and prior criminal history. The reason for this referral is: To protect you To protect other offenders from you To stabilize a volatile or difficult situation To preserve the integrity of a criminal/administrative investigation To provide a cooling-off period for agitated, confrontational, or combative offenders The type of housing being considered is: Administrative segregation Protective custody Offender’s Acknowledgement Please select and initial all that applies. I hereby acknowledge receipt of this notice. I waive my right to the 48 hours preparation time allowed prior to a hearing being held. I would prefer to have the hearing as soon as possible. Offender’s Signature Date / Staff Witness & Associate Number Date/Time Distribution Original: to central file Copy: to Team Case Management file Copy: to offender IDAHO DEPARTMENT OF CORRECTION Conditions of Confinement Log Appendix F 319.02.01.001 (Appendix last updated 9/6/11) Month of: Offender Name: IDOC# Status: Last Unit: Date in Unit: Custody: Bunk/Cell: Record of Daily Activity Da t e Br e a k f a s t Ex e r c i s e Lu n c h Di n n e r Ph o n e Sh o w e r Ra z o r Cl o t h i n g Li n e n Ce l l C l e a n Staff Initials Shift Special Information (Restrictions, Diet, Sanctions, etc.) Special Housing Considerations Clothing Sizes: (Note: SM, L, XL, 2XL, 3XL, 4XL) Coveralls ______ T-Shirt _____ Underwear _____ 1 2 3 Explanation/Comments Time From/To Cage# 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - Symbols: X = Activity Completed, OR = Offender Refused, NS = Not Scheduled, SR = Staff Refusal, LDS = Lock Down Status, O = other NOTE: When any codes other than X, OR, or NS are used, an explanation MUST be recorded for each entry. Offenders will be afforded the opportunity for exercise not less than a minimum of five (5) hours per week. Offenders will be afforded a minimum of three (3) showers per week; no shower period will exceed 72 hours. Supplies and hygiene items will be offered on a weekly basis and provided on an as needed basis. Staff Comments: