HomeMy WebLinkAboutTaking Offenders into Departmental CustodyPOLICY NUMBER: 301 PAGE NUMBER:
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DEPARTMENT
OF
CORRECTION
POLICY SUBJECT:
Taking Offenders Into
Departmental Custody
Adopted: 1982
Reviewed: 04-27-05
Revised: 06-07-05
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01.00.00. POLICY OF THE DEPARTMENT
It is the policy of the Board of Correction that the Department of Correction ensure the orderly
transition of sentenced individuals into the custody of the Board of Correction.
01.01.00. Purpose
To ensure that all offenders sentenced to and subsequently placed in departmental custody are
in compliance with state statute. To provide a process to civilly commit to departmental custody
individuals that pose a security risk, and pose a danger to self and others.
02.00.00. TABLE OF CONTENTS
01.00.00. POLICY OF THE DEPARTMENT
01.01.00.Purpose
02.00.00. TABLE OF CONTENTS
03.00.00. REFERENCES
04.00.00. DEFINITIONS
05.00.00. SCOPE
06.00.00. RESPONSIBILITY
07.00.00. PROCEDURE
07.01.00. Intake Of Regular Commitments
07.02.00. Intake Of Civil Commitments
08.00.00. FLOWCHART
09.00.00. SIGNATURE
03.00.00. REFERENCES
American Correctional Association Standard No. 2-4389.
Balla v. Idaho State Board of Corrections, 595 F. Supp. 1558 (D. Idaho 1984); 656 F. Supp. 1108
(D. Idaho 1987); 869 F.2d 461 (9th Cir. 1989).
Idaho Code Sections 20-237; 20-243; 66-1305; and 66-1306.
04.00.00. DEFINITIONS
05.00.00. SCOPE
All offenders sentenced to department custody. All individuals civilly committed to department
custody.
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06.00.00. RESPONSIBILITY
The facility heads at Idaho State Correctional Institution (ISCI) and Pocatello Women’s
Correctional Center (PWCC) are responsible to implement and follow this policy for the intake of
regular commitments. The director or his designee is responsible to implement and follow this
policy for any civil commitment.
07.00.00. PROCEDURE
The reception, classification, and placement of offenders into proper correctional bed space are of
paramount concern to the Department of Correction. Intake of sentenced offenders must be
scheduled and conducted in an orderly fashion. The following procedures will be followed in
processing sentenced offenders into correctional custody.
07.01.00. Intake Of Regular Commitments
The Department of Correction shall intake offenders only at the Reception and Diagnostic Unit
(RDU) at Idaho State Correctional Institution (ISCI) and Pocatello Women’s Correctional Center
(PWCC).
At the time of commitment it is the duty of the sheriff to notify the Department of Correction's
records office of the name of the committed person, the date of sentence, crime, and to submit a
copy of the commitment order.
The records office shall maintain a list of persons so committed in the order in which notifications
are received.
Exception to intake in order of commitment may be made by the director or his designee to allow
for intake of dangerous or disruptive offenders, offenders with medical problems, offenders with
retained jurisdictions, or otherwise at the director's discretion.
Sheriff's may, at their own expense, transport committed offenders to ISCI or PWCC only after
notice to and approval from the director or his designee. Prior to transporting or receiving the
committed offender, the IDOC transport team or receiving official at the RDU will assure that the
sending official has provided a copy of the commitment order; a copy or summary of medical care
provided by the sending official or agency; and all unused portions of medication as required by
Idaho Code Section 20-243.
07.02.00. Intake Of Civil Commitments
The following steps will be taken in processing civil commitments into the custody of the Board of
Correction:
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The defense attorney or prosecutor must petition, through the court, the director of the
Department of Correction, or his designee, for acceptance of any civil commitment into the Idaho
Security Medical Facility;
Criteria used by the director or designee to accept or reject an applicant is based on: bed
space availability; must be a security risk; and must pose a danger to self and/or others; and be
mentally ill.
If the director or designee accepts the referral, the judge must civilly commit that individual
to the Department of Health and Welfare for evaluation and/or treatment. The director or his
designee, upon consultation with the Department of Health and Welfare, shall determine whether
or not evaluation and/or treatment must take place in a secure facility.
08.00.00. FLOW CHART
Not applicable to this policy.
09.00.00. SIGNATURE
_______________________________ __________________________
Director, Department of Correction Date