Section 302.17. Program review procedure.

 

(1)  Before the scheduled program review, an institution staff member, designated by the warden or superintendent, shall do all of the following:

(a) Investigate and document the inmate's adjustment and conduct, program or treatment assignments and other relevant factors to make a determination of progress and accomplishments.

(b) Make written comments to the program review committee regarding custody classification, program or treatment assignment, and institution placement, including the inmate's opinion of the appropriate security classification, program assignment or assignment to an institution.

(2)  Before the scheduled review, classification staff will inform the inmate of the following:

(a) The program review date.

(b) The inmate's option to waive the interview appearance.

(c) That if the inmate disrupts the interview or refuses to attend the interview, staff shall conduct the review procedure without the inmate being present.

(d) The criteria for the review and the facts to be considered.

(3)  At the program review committee interview, staff shall inform the inmate of the following:

(a) The purpose of the review.

(b) The staff comments regarding custody classification, program or treatment assignments, and institution placement.

(4)  The inmate may present additional information and state an opinion about the custody classification, program or treatment assignment, or institution placement at the PRC interview. The inmate may present the additional information in writing if the inmate is unavailable for the PRC interview.

(5)  The program review chairperson may suspend the program review in order to investigate any issue affecting custody classification, institution placement and program or treatment assignment.

(6)  Each member of the committee shall have one vote. A recommendation for a change in custody classification, transfer, or institution placement requires a unanimous vote. If the vote is not unanimous, the classification specialist shall refer the decision to the classification section chief and the warden for a recommendation. If they are not able to agree, the classification section chief shall refer the case with comments to the director, who will make the decision. A recommendation for program or treatment assignment requires a majority vote.

(7)  The committee shall consider as factors in assigning custody classification those stated in s. DOC 302.07 . In addition, the criteria under s. DOC 302.08 shall apply to the custody classification of inmates serving a life sentence. Factors other than those in ss. DOC 302.07 and 302.08 may be considered to preserve the security and safety needs of inmates, staff, facilities or community.

(8)  The committee's recommendation for custody or transfer requires the director's approval.

(9)  If an inmate is unavailable to appear in person, the PRC may use interactive medium such as telephone conference calls, video or other electronic devices for program review.

(10)  The classification specialist shall give the program review decision to the inmate in writing.

(11)  PR may occur prior to the date set in s. DOC 302.15 (8) when one of the following occur:

(a) A significant change affecting custody, program or treatment assignments, or institution placement as determined by the classification specialist.

(b) A request by the director or warden.

(c) Referral by the hearing officer as defined in s. DOC 303.02 (20) .

(d) An inmate request for PR, made to an assigned social worker, who shall deliver the request to the PRC

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; CR 11-022 : am. (11) (c) Register September 2014 No. 705 , eff. 1-1-15.