Section 302.07. Factors in assigning a custody classification.

  The department may consider factors that include but are not limited to the following in assigning custody classification:

(1)  The nature and seriousness of the offense the inmate was convicted of. In evaluating the seriousness of the offense, the department may consider the following:

(a) Potential of physical danger to another.

(b) Harm done to the victim in the commission of the offense.

(c) Whether the inmate exhibited physical aggressiveness that exposed another to harm.

(d) Aggravating or mitigating factors in the commission of the offense for which the inmate was convicted.

(2)  The inmate's criminal record and juvenile delinquency adjudications.

(3)  The length of sentence being served.

(4)  The inmate's motivation for the crime convicted of.

(5)  The inmate's attitude regarding the offense and sentence.

(6)  The inmate's record of adjustment and misconduct including any record of escape from a department facility, IS, a mental health facility, a local jail or any other confinement facility, or absconding from probation, parole, or extended supervision.

(7)  The length of time the inmate has been in a particular custody classification and overall time served during the current period of incarceration.

(8)  The inmate's medical and clinical needs, including physical or psychological treatment and observation.

(9)  The risk to a victim, witness, the general public or the inmate of placing the inmate in the community where the offense was committed or where the institution is located. In determining this risk, the department may consider the general public's perception of the offense and the inmate as evidenced by statements of elected officials, judges, sheriffs, district attorneys, a victim, or a witness.

(10)  The inmate's performance or refusal to participate in programs or treatment.

(11)  A pending legal process, notification or detainer.

(12)  Parole commission actions and stated expectations, and in the absence of any stated expectations, the likelihood of a release during the review period.

(13)  The results of specially designed and researched risk rating instruments developed to assist with the individualized and objective assessment of a custody classification or program and treatment assignments and placements.

(14)  The inmate's vulnerability to physical assault by other inmates.

History: Cr. Register, August, 1979, No. 284 , eff. 9-1-79; CR 00-140 : r. and recr., Register January 2002 No. 553 , eff. 2-1-02.