Section 72-1-004 - USES OF AND ALTERNATIVES TO RESTRICTIVE HOUSING004.01 Alternatives to restrictive housing shall be used in every case possible - including but not limited to: short-term cell restrictions, loss of other privileges, work and restitution assignments, and assigned programming - rather than placing an inmate in restrictive housing as a standard response to rule breaking, disruption, and vulnerability.004.02 Restrictive housing shall be used predominantly as a short-term intervention, in the least restrictive manner possible consistent with institutional safety and security. When restrictive housing is used, the purpose shall be as a risk- and needs-based intervention, rather than primarily as a mechanism for punishment or incapacitation.004.03 The guiding focus of restrictive housing shall be on individualized goal planning, behavior change, and treatment as needed that will facilitate the inmate's capacity to live successfully in general population and return successfully to the community.004.03(A) Immediate segregation shall be used as a short-term (30 days or less) risk assessment. For this classification, inmates must show a demonstrated risk to others, from others, or to the security of the facility.004.03(B) Longer-term restrictive housing shall be used when inmates need more intensive supervision and intervention before promotion to an appropriate non-restrictive housing assignment. 004.03(B)(i) The mission of longer-term restrictive housing shall be as a targeted individualized transition with a primary emphasis on pro-social behavior, interactions with others, life-view change, incentives for positive change, and successful transition to lower levels of security. Having no one transition from restrictive housing to the community is a targeted outcome for the agency.004.03(B)(ii) All assignments to longer-term restrictive housing shall require an initial recommendation from the facility's classification team, and must be reviewed and authorized by the Central Office multidisciplinary review team (MDRT). The recommendation and review/authorization process will normally be completed within the 30 day immediate segregation time frames.004.03(B)(iii) There shall be regular reviews and the ability to promote to a less restrictive custody level at any point in time, based on facility recommendations and MDRT approval.004.03(B)(iv) Inmates in longer-term restrictive housing shall be reviewed at least every 90 days by the MDRT to assess demonstrated compliance with individualized behavior and programming plans and assess the potential for promotion to a less restrictive setting based on compatibility with the safety of the inmate, others, and security of the facility.004.03(B)(v) Inmates in restrictive housing for 365 consecutive days shall be reviewed every 30 days thereafter by the MDRT and the Director. This review shall include, but not be limited to an assessment of compliance with behavior and programming plans and recommendations from the MDRT for approaches to safely transition the inmate to a less restrictive housing setting. The Director must approve all recommendations to continue housing an inmate in restrictive housing longer than 365 consecutive days.004.03(B)(vi) The MDRT shall document the decision and rationale for promotion to a less restrictive environment or to continue the inmate in longer-term restrictive housing at each review.004.03(B)(vii)NOTIFICATION TO DIRECTOR AND INSPECTOR GENERAL. When an inmate has been assigned to longer-term restrictive housing for 180 days, the results of each MDRT review will be sent to the Director and the Inspector General. The notification will include all information considered by the MDRT, and the team's decision regarding the housing assignment for the inmate. The Inspector General may provide this information to other appropriate sources as requested.004.04 Assessment of inmates who are assigned to restrictive housing shall be conducted by multidisciplinary teams of staff using validated instruments to assess inmate characteristics, needs, risks to reoffend, history of violent behaviors, underlying reasons for behaviors, and motivation to change. An additional review of each recommendation for a longer-term restrictive housing assignment shall be conducted by the MDRT for a final decision. 004.04(A) Restrictive housing facility classification teams shall include, but not be limited to, a unit manager, case manager, and unit sergeant.004.04(B)IMMEDIATE SEGREGATION REVIEW PROCESS. Initial placement in immediate segregation must be approved by the facility warden within 24 hours. Continued retention in immediate segregation must be approved by the facility warden within 15 days. Requests for extensions of immediate segregation past 30 days shall require approval by the Deputy Director - Prisons. Requests for extensions of immediate segregation past 45 days shall require approval by the Director. The maximum length of stay on immediate segregation is 60 days. These duties are not to be permanently assigned to a designee, but can be performed by the acting warden, acting Deputy Director - Prisons, or acting Director. 004.04(B)(i) Placement on immediate segregation status for inmates who are members of a vulnerable population requires approval of the warden within 8 hours of placement.004.04(C) The MDRT shall meet weekly. Team members may request to send a designee to a team meeting, as approved by the MDRT Chair. All attendees must be approved by the chairperson.004.04(D)APPEALS. In mates may appeal placement in immediate segregation and assignment to longer-term restrictive housing as a classification action pursuant to departmental policy.004.05 Assignment to longer-term restrictive housing shall be used only when no other option can safely manage the risk presented by or to the inmate. The overarching goal shall be risk reduction and transition to the least restrictive environment as soon as possible.004.06 Program delivery formats for high security environments shall be created that allow program participation while ensuring the safety of participants and staff. This shall include the development of congregate classroom space where possible. Programming and behavioral health resources will be used to reduce risk and address needs.004.07 Risk assessments and the results of mental health testing, when appropriate, shall be used to guide coordinated interventions, assignments to programming, and other applicable resources.004.08 Mission specific housing focuses on individual needs and demographics to provide effective living conditions and programming for specific populations. Mission specific housing includes residential treatment and responses to cognitive disabilities, as well as prosocial housing options for inmates with common interests and challenges.004.08(A) Mission specific housing shall be used to: (1) reduce the use of restrictive housing by providing a range of alternatives that address needs and reduce the behaviors that previously led to the use of restrictive housing, and(2) provide risk- and needs-responsive options for individuals transitioning from restrictive housing, thus reducing lengths of stay for inmates not ready to return successfully and safely to the general prison population.004.08(B) Mission specific housing units shall operate as general population units and shall, whenever possible, have out- of-cell programming and opportunities for individuals to interact with other inmates and staff during meals, recreation, dayroom, and work activities. Mission specific housing may include, but shall not be limited to: 004.08(B)(i) Housing for inmates in need of residential mental health treatment;004.08(B)(ii) Housing for inmates in need of programming or treatment for sex offenses;004.08(B)(iii) Housing for inmates with developmental/intellectual disabilities and traumatic brain injuries that interfere with their safety and/or ability to function effectively in general population, who otherwise might be in restrictive housing for protection or management; and,004.08(B)(iv) Housing for inmates in need of residential substance abuse/addictions treatment.004.09 Transition programs and protocols from restrictive housing to other levels of security within NDCS shall be developed to assist inmates in transition to the general population. 004.09(A) Guidelines shall be created and distributed to staff and inmates documenting the steps and criteria for inmates to return to the general population or transition to another form of non-restrictive housing. These guidelines will include an incentive based system that encourages prosocial behavior and program engagement.004.09(B) Opportunities for inmates to learn and practice pro-social behaviors through cognitive programming shall be provided, with the opportunity to progress through incentivized step-down programs to lower security classifications, based on goal development and attainment, completion of required tasks and activities, and demonstrated positive behavior.004.09(C) Inmates will participate in discussions and planning of criteria and next steps for each transition opportunity and will help craft individualized goals and areas for improvement.72 Neb. Admin. Code, ch. 1, § 004
Amended effective 5/11/2022