Current through Register 1527, August 2, 2024
Section 465.08 - Approval Process for Program Participation(1) The approval process at the institution level for program participation shall be as follows: (a) The classification committee shall make a written recommendation to the superintendent regarding an inmate's individualized program plan;(b) In considering the recommendation, the classification committee shall review the inmate's case record, ensure eligibility, interview the inmate, determine the inmate's suitability for program participation and develop an individualized written program plan based on:4. involvement or prior involvement in work, education or training programs;5. risk/needs assessment and compliance with related recommendations;6. the potential benefits to the inmate;7. the safety of the community;9. prior criminal history, parole/probation history and escape history; and(c) A designated staff member shall prepare a report including the facts of the inmate's record, the considerations of the committee, the reasons for the recommendation, the vote of the committee, and other relevant factual data. At Inmate Management System (IMS) sites, recommendations for approval shall be made via an entry in the "Education Release" check box. Recommendations for denial shall be noted in the "Board's Rationale" field on the Board Recommendation tab of the Classification Recommendation/Results screen.(d) Taking the recommendation of the committee into account the superintendent shall make a recommendation to an Assistant Deputy Commissioner designated by the Commissioner. At IMS sites, recommendations for approval shall be made via an entry in the "Education Release" check box on the Superintendent/Designee Recommendation tab of the Classification Recommendation/Results screen. Recommendations for denial shall be noted in the "Reason/Condition" field. Recommendations for approval will generate an electronic notification to the Assistant Deputy Commissioner.(2) The Assistant Deputy Commissioner shall render, in writing, a decision regarding the approval or denial of the recommendation. For IMS sites, approval decisions shall be made via an entry in the "Education Release" check box on the Commissioner/Designee tab of the Classification Recommendation/Results screen. Denial decisions shall be noted in the "Reason/Condition" field.(3) Denials, appeal and review process occurs at the institution level as follows: (a) Each inmate shall be provided a copy of the recommendation by the superintendent to deny or approve program participation.(b) Where an inmate is not in agreement with any classification board recommendation, the inmate may submit an appeal of the classification board's recommendation within five business days of the oral notification of the committee's decision. The superintendent or designee shall review the appeal and related materials and respond to the inmate within ten business days. All appeal results shall be noted on the classification committee's written summary of the recommendations. At IMS sites, the Correctional Program Officer shall enter the inmate's appeal in the Appeal tab on the Classification Recommendation/Results screen. The superintendent will be electronically notified and shall enter a decision on this screen.