On March 27, 2014, Director Charles L. Ryan implemented a
new director’s Instruction memo tagged as DI 236 that handles maximum custody
inmates in conjunction with other department orders already written and
followed. In this directive he added his own “three strikes and you are out”
rule only you don’t need three events for it to apply but rather, just one of
these forbidden acts will land you in maximum custody according the
outline.
Generally speaking this means that if you were to commit all
three of the forbidden acts, your chances of being in maximum custody are good
that you will serve your remaining time there as well as released from these
special housing units designed for behavioral modification treatment and mental
health care.
The directive defines the Three Forbidden Acts – Serious
assaults on staff, serious inmate on inmate assaults with a weapon and multiple
inmates assaulting an inmate with serious injury.” The purpose as written shows
the Arizona Department of Corrections employees are being directed to adhere to
a new maximum custody management system that was implemented to facilitate a process that requires inmates in
maximum custody to work through a program utilizing a step system providing the
opportunity to participate in jobs, programs and other out of cell activities.
Based on behavior and programming, inmates may progress from
controlled based housing to open privilege base housing where movement outside
a cell is without restraint equipment. This modifies the concept of programming
maximum custody inmates involved in commission of one the Forbidden Three Acts
(see definition) and the Guiding Principles (see definition) developed by the
Association of State Correctional Administrators (ASCA).
The guiding principles are:
1. Provide a
process, a separate review for decisions to place an inmate in maximum custody;
2. Provide
periodic classification reviews of inmates in maximum custody every 180 days or
less;
3. Provide
in-person mental health assessments, by trained personnel within 72 hours of an
inmate being placed in maximum custody and periodic mental health assessments
thereafter including an appropriate mental health treatment plan;
4. Provide
structured and progressive levels that include increased privileges as an
incentive for positive behavior and/or program participation;
5. Determine
an inmate’s length of stay in maximum custody on the nature and level of threat
to the safe and orderly operation of general population as well as program
participation, rule compliance and the recommendation of the person(s) assigned
to conduct the classification review as opposed to strictly held time periods;
6. Provide
appropriate access to medical and Mental Health staff and services;
7. Provide
access to visiting opportunities;
8. Provide
appropriate exercise opportunities;
9. Provide
the ability to maintain proper hygiene;
10. Provide
program opportunities appropriate to support transition back to a general
population setting or to the community;
11. Collect
sufficient data to assess the effectiveness of implementation of these guiding
principles;
12. Conduct
an objective review of all inmates in maximum custody by persons independent of
the placement authority to determine the inmates’ need for continued placement
in maximum custody;
13. Require
all staff assigned to work in maximum custody units receive appropriate
training in managing inmates on maximum custody status.
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