240 R.I. Code R. 240-RICR-40-00-2.7

Current through November 7, 2024

Section 240-RICR-40-00-2.7 - Classification Board

A. The decision to recommend or approve an inmate for a furlough is based upon the following:

1. Inmate's ability to conduct him/herself responsibly while in the community;

2. Past and present conduct in the correctional system;

3. Past history of release on furlough, probation, parole, or bail;

4. Involvement in institutional programs or rehabilitative activities;

5. History of violent behavior;

6. Offense; and

7. Absence of any criminal charge against the inmate.

B. Classification Board Policies

1. The Director or designee makes the final determination as to the approval or denial of an individual's furlough, accompaniment necessary, and the extent of the activities in any and all communities.

2. No inmate is eligible to participate in the Furlough Program if s/he has been found guilty of any infraction resulting in the loss of good conduct time during the previous six (6) months. An extensive disciplinary record may result in an extension of the 6-month period (pertains to Category E furloughs).

3. All inmates who participate in the Furlough Program's Category E are restricted to their residence on their first furloughs. This furlough policy applied to all facilities and does not preclude the possibility of any inmate's being restricted to his/her residence during future furloughs for an extended period.

4. The Furlough Coordinator has the authority to suspend furloughs for up to five (5) months for minor infractions. If an inmate refuses suspension, s/he may request a disciplinary hearing.

5. At least two (2) unescorted day passes must be completed prior to an inmate's being eligible for an overnight furlough.

6. Regarding Category A furloughs, medical documentation must be submitted to the Furlough Unit before a decision is made.

7. All inmates returning to the institution from furlough are strip searched.

8. Individuals found guilty of possession of or under the influence of alcohol and/or drugs within the institution shall not participate in the Furlough Program for at least one (1) year from the date of infraction.

9. Individuals found guilty of assault shall not participate in the Furlough Program for at least one (1) year from the date of infraction.

10. Any person charged with escape or a new offense while participating in the Furlough Program shall not be eligible for any future furloughs, except in emergency situations.

11. Transportation for escorted furloughs is provided by uniformed correctional personnel. Exceptions to this rule can only be approved by the Director or Furlough Coordinator.

12. An inmate with no furlough experience who is transferred to another facility must undergo a 30-day suspension evaluation period prior to being granted a furlough.

13. Marriages are not allowed on escorted furloughs. Marriages may be permitted on unescorted furlough according to Minimum Security participation regulations until such time as they are regularly employed. Once the inmates are regularly employed, the Work Release Program rules become effective. The Work Release Program Supervisor or designee confers weekly with the Furlough Coordinator relative to the status of unemployed individuals.

14. Unemployed inmates who are classified to and residing in Work Release continue to be eligible for furloughs according to Minimum Security participation regulations until such time as they are regularly employed. Once the inmates are regularly employed, the Work Release Program rules become effective. The Work Release Program Supervisor or designee confers weekly with the Furlough Coordinator relative to the status of unemployed individuals.

C. Classification Board Procedures

1. Application: Attachment 1 is prepared and signed, in duplicate, by inmate.

a. Both copies are forwarded to the Furlough Coordinator with a signed money transfer slip for processing fee:

(1) Initial application: $2

(2) Scheduled application: $1

(3) Request change from previously submitted application: $1

b. The money transfer slip is made out to Furlough Unit, Rhode Island Department of Corrections.

c. New applications are submitted twenty-one (21) days in advance of the Classification Board date (normally the first Tuesday of the month).

d. Subsequent applications are submitted twenty-one (21) days in advance of requested furlough dates. (Exceptions: Emergency furloughs in Categories A and B.)

e. Emergency furlough applications are submitted to the Furlough Coordinator immediately. If an emergency arises outside of the Furlough Coordinator's normal work week, the application is submitted to the affected facility's Superior Officer.

2. Investigation by Furlough Coordinator

a. All furlough requests are investigated by the Furlough Coordinator. (Exceptions: Emergency furlough requests occurring outside of the normal work week.) S/he submits Furlough application and Written Report of Investigation to the Classification Board.

b. Emergency furlough application are investigated immediately. The investigating officer (Furlough Coordinator, if on duty; or affected facility's Superior Officer) submits a written report to the Director or designee.

c. The investigating officer makes every attempt to obtain the signature of the Director or designee on the Furlough Card. When the Director or designee is not available in person, s/he may give verbal approval for the emergency furlough and authorize the investigating officer to sign the Furlough Card.

3. Classification Board Action

a. The Classification Board considers furlough applications in order of their receipt.

b. Approvals: Approvals of furlough applications are by a vote of at least three (3) members of the Classification Board. The Board also makes recommendations relative to accompaniment and applicable fees.

c. Denials: Reason(s) are denials of furlough application are noted by the Furlough Coordinator on Reports of Decision forms, and copies are delivered to the applicants.

4. Director's Action

a. Once furlough applications are approved by the Classification Board, the Furlough Coordinator forwards copies of the applications, investigations, and reports of decisions to the Director or designee for final decisions.

b. The Director or designee indicates approval or denial on applications. S/he also notes the conditions of furloughs on the reports of decision forms, if applicable, and returns all forms to the Furlough Coordinator for further action.

5. Counseling Sessions Relative to Approved Applications

a. The Furlough Coordinator meets with each inmate prior to his/her release on an approved furlough. S/he issues a Furlough Identification Card, which contains the signature of the Director or designee, to the inmate. The Furlough Coordinator obtains the inmate's signature on the Furlough Terms and Conditions from.

b. S/he also arranges for the release of funds allowed to the inmate for the furlough from Inmate Accounts [cash not to exceed fifty dollars ($50) or check] and obtains receipt from inmate for same.

6. Notification of Custodian

a. At least twenty-four (24) hours in advance of furlough release, the Furlough Coordinator gives written notice of the date and commencement and completion times of said furlough to the affected facility's Superior Officer. (Exceptions: Emergency furloughs). The affected facility's Superior Officer ensures the information is maintained on the institutional count sheet for the duration of the furlough.

b. In the case of and Emergency Furlough granted by the Director or designee at a time when the Furlough Coordinator is not on duty, it is the responsibility of the affected facility's Superior Officer to maintain the information required and to forward a written copy of the information to the Furlough Coordinator immediately.

240 R.I. Code R. 240-RICR-40-00-2.7