Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 72 - NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - RESTRICTIVE HOUSING › Section 72-1-004 - USES OF AND ALTERNATIVES TO RESTRICTIVE HOUSING

Current through June 17, 2024
004.01 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.