PREVIOUS
12 CAR § 70-104. Protective custody
12 CAR § 70-104. Protective custody.
(a) Policy.
(1)(A) The Division of Correction shall provide protective custody housing at certain units/centers within the division.
(B) This housing space must restrict unauthorized and unsupervised contact with the general population.
(2) Inmates may request to be placed in protective custody if they believe that their safety is being threatened in the general population.
(3)(A) The unit/center administration may elect to place an inmate in protective custody if they believe he or she is in danger.
(B) Inmates whom the unit/center administration believes may cause (or be in) security risks to the good order and safety of the institution may be assigned temporarily to protective custody status.
(C) Inmates assigned to temporary protective custody status remain in that status until a determination is made by the unit’s classification committee that they should:
(i) Return to the general population;
(ii) Remain in protective custody; or
(iii) Transfer to another unit.
(b) Explanation.
(1)(A) Often an inmate assigned to protective custody may have a conflict with other inmates assigned to protective custody.
(B) Care should be taken by the Chief of Security or his or her designee as to cell assignment, job assignment, recreation, etc., in an effort to maximize each inmate's safety.
(C) Programmatic accommodations should be comparable to those provided for the general population commensurate with good correctional security practice.
(2) An inmate may be placed in protective custody on a temporary basis upon the approval of the warden/assistant warden/Chief of Security or designee.
(c) Procedures.
(1)(A) An inmate temporarily assigned to protective custody will have his or her status reviewed by the classification committee after seven (7) days.
(B) If the temporary stay in protective custody is more than seven (7) days, his or her status will be reviewed in accordance with American Accreditation Standards.
(C) The inmate may appear before the classification committee unless a less restrictive classification is being made or security or other concerns warrant nonappearance of the inmate.
(2)(A) The classification committee shall determine if protective custody placement or continued protected custody placement for the inmate is justified, or recommend that the inmate be released to the general population or transferred to another unit.
(B) Any of the following may be considered by the classification committee in making its decision:
(i) The inmate requests protective custody and/or his or her physical size, stature, or demeanor indicates that he or she is likely to be preyed upon by more aggressive inmates in the general population;
(ii) The inmate can present verifiable information identifying a specific individual or individuals who present a threat of physical harm;
(iii) Information contained in the inmate's institutional/electronic file or other areas of the criminal justice system may indicate a need for protective custody; or
(iv) Other justifiable grounds exist that in the classification committee’s judgment makes continued placement of the inmate in protective custody necessary for the good order and safety of the institution.
(3) In making a recommendation that an inmate be removed from protective custody or transferred to another unit, the classification committee may consider at least the following:
(A) A written report from a member of the treatment staff and/or security staff who is familiar with the inmate and his or her situation; and
(B) A written report from other inmates, the administrator, the chaplain, teachers, assignment supervisors, medical technicians, and other appropriate individuals who may have information that may aid in the classification of an inmate.
(4) The classification committee may:
(A) Assign an inmate to a housing and program assignment in the general population; or
(B) Recommend transfer to another unit.
(5) All actions taken by the classification committee require a majority vote.
"Section Number: 837
Page Number: 1 of 2
Board Approval Date: 06-17-09
Supersedes: 837
Dated: 1-26-90
Reference:
Effective Date: 06-26-09"