Neb. Admin. Code tit. 72 — Correctional Services

Chapter 1 Restrictive Housing

Neb. Admin. Code tit. 72, ch. 1 Restrictive Housing {#sec-72-nac-1 omnilex-key=us-ne-regs-official--title-72--72 NAC 1}

001. PURPOSE . To establish policies surrounding the use of restrictive housing within the Nebraska Department of Correctional Services (NDCS) to ensure that restrictive housing will be utilized in the least restrictive manner for the least amount of time consistent with the safety and security of staff, inmates and the facility. Placement of an inmate in restrictive housing will be an alternative of last resort. These policies shall:

001.01 Establish specific levels of confinement outside of general population, including immediate segregation housing, longer-term restrictive housing, and secure mental health housing;

001.02 Define behaviors, conditions, and mental/behavioral health statuses whereby an inmate may be placed in each confinement level;

001.03 Define and mandate processes and procedures for making these determinations for each confinement level; and

001.04 Describe and mandate individualized transition plans for promotion to less restrictive housing assignments pursuant to Neb. Rev. Stat. 83-173.03. All transition plans shall be developed with the active participation of the inmate. This process shall take into account the results of assessments that identify risks and needs to be addressed.

001.05 The Department may issue policies, procedures and tools to guide and limit the use of restrictive housing, consistent with the promulgated rules and regulations. All policies and procedures related to restrictive housing shall be shared with the Office of Public Counsel and the Inspector General for the Nebraska Correctional System and shall be available to the legislature upon request. Policies may also be made available to the public unless such availability would create a security risk.

002. DEFINITIONS

002.01. ACUTE MENTAL HEALTH UNIT (AMHU). A unit that provides controlled and highly structured housing for individuals in need of clinical mental health treatment intervention due to active suicidal ideation, acute or debilitating mental illness, developmental or intellectual disabilities, and/or traumatic brain injuries that interfere with their safety or ability to function effectively in other housing settings.

002.02 BEHAVIOR/PROGRAMMING PLAN. A document with a standard format used to identify desired behavior changes and programming opportunities offered to facilitate those behavioral changes.

002.03 CENTRAL OFFICE MULTIDISCIPLINARY REVIEW TEAM (MDRT). This team is led by the Deputy Director - Prisons (Chair), with input from the following representatives: a behavioral health clinician, a leader from the intelligence/investigations unit and a representative from classification/programs. Other members may be added at the discretion of the Chair or the Director.

002.04 CHRONIC CARE MENTAL HEALTH UNIT (CCMHU). A unit that provides a controlled and structured alternative to restrictive housing for individuals in need of residential mental health treatment due to chronic and unstable mental illness or developmental disabilities or traumatic brain injuries that interfere with their safety or ability to function effectively in other housing settings.

002.05 GENERAL POPULATION. All inmate housing areas that allow out-of-cell movement without the use of restraints, a minimum of six (6) hours per day of out-of-cell time, and regular access to programming areas outside of the living unit.

002.06 IMMEDIATE SEGREGATION. A short-term restrictive housing assignment of not more than 30 days in response to behavior that creates a risk to the inmate, others, or the security of the institution. Immediate Segregation is used to maintain safety and security while investigations are completed, risk and needs assessments are conducted, and appropriate housing is identified. Exceptions to this time frame require approval of the Director or designee.

002.07 INDIVIDUAL TREATMENT PLAN. A document used by mental health professionals to establish a patient’s mental health treatment plan.

002.08 LONGER-TERM RESTRICTIVE HOUSING. A classification-based restrictive housing assignment of over 30 days. Longer-term restrictive housing (LTRH) is used as a behavior management intervention for inmates whose behavior continues to pose a risk to the safety of themselves or others and includes inmate participation in the development of a plan for transition back to general population or mission specific housing.

002.09 MISSION SPECIFIC HOUSING. Housing focused on individual needs and demographics to provide effective living conditions and programming for specific populations. Mission specific housing includes residential treatment and responses to cognitive disabilities as well as prosocial options for inmates with common interests and challenges, to reduce behaviors that otherwise might lead to restrictive housing and provide risk - and needs - responsive options to facilitate transitions from restrictive housing to the general population.

002.10 PROTECTIVE CUSTODY (PC). The status of an inmate who is housed in a safe location to reduce the risk of harm by others while having privileges similar to general population housing. It is used to meet the needs of inmates who cannot be safely housed in other general population units, with the goal of helping reduce the Department’s use of restrictive housing.

002.11 PROTECTIVE MANAGEMENT UNIT (PM). Units used to house inmates who cannot be safely housed in other general population units. Whenever possible, protective management units are operated similarly to general population units in out-of-cell time, access to programming, access to work and recreation, etc.

002.12 RESTRICTIVE HOUSING. Conditions of confinement as defined by Neb. Rev. Stat. 83-170.

002.13 SERIOUS MENTAL ILLNESS. A mental health condition as defined by Neb. Rev. Stat. 44-792.

002.14 SOLITARY CONFINEMENT. A status of confinement of an inmate as defined by Neb. Rev. Stat. 83-170 (14). The Nebraska Department of Correctional Services does not utilize solitary confinement.

002.15 VUNERABLE POPULATION. A population of inmates as defined by Neb. Rev. Stat. 83-173.03 (04).

003. STRATEGIES TO REDUCE USE AND DURATION OF RESTRICTIVE HOUSING . Core strategies to reduce use and duration of restrictive housing within the Department are listed below:

003.01 An inmate who is a member of a vulnerable population shall not be placed in longer-term restrictive housing. An inmate who is a member of a vulnerable population may be placed on immediate segregation to protect himself or herself, staff, other inmates, or who are pending classification, in line with the least restrictive framework.

003.02 Reduction in the use and duration of restrictive housing shall be accomplished by managing behavior through programming, initiatives, incentives, and mission specific housing, rather than relying primarily on sanctions.

003.03 Placements in restrictive housing shall be based on demonstrated risk to others, risks from others, or risks to safety and security. Inmates who enter restrictive housing settings must be transferred to the least restrictive environment that can safely support their needs as soon as possible. The inmate’s behavior while in restrictive housing will be taken into account when determining less restrictive housing options. The rationale for placement into restrictive housing shall be documented at the time of initial placement and must be based upon one or more of criteria listed below:

003.03(A) A serious act of violent behavior (i.e., assaults or attempted assaults) directed at correctional staff and/or at other inmates;

003.03(B) A recent escape or attempted escape from secure custody;

003.03(C) Threats or actions of violence that are likely to destabilize the institutional environment to such a degree that the order and security of the facility is significantly threatened;

003.03(D) Active membership in a “security threat group” (prison gang), accompanied by a finding, based on specific and reliable information, that the inmate either has engaged in dangerous or threatening behavior directed by the security threat group, or directs the dangerous or threatening behavior of others;

003.03(E) The incitement or threats to incite group disturbances in a correctional facility; and

003.03(F) Inmates whose presence in the general population would create a significant risk of physical harm to staff, themselves and/or other inmates.

003.04 Immediate segregation shall be a short-term (30 days or less) restrictive housing assignment utilized to maintain safety and security while investigations are completed, risk and needs assessments are conducted, and appropriate housing is identified.

003.05 Longer-term restrictive housing shall be a classification assignment used primarily as a behavior management intervention with programming targeted to problem-specific needs. Inmates in longer-term restrictive housing shall participate in the development of individualized transition plans back to general population or mission specific housing.

003.06 Mission specific housing may be used for inmates who are members of a vulnerable population, are in protective custody status, or have other special needs.

004. USES OF AND ALTERNATIVES TO RESTRICTIVE HOUSING .

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.

004.04 Assessment of inmates who are assigned to restrictive housing shall be conducted by multidisciplinary teams of staff using validated instruments to assess inmate characteristics, needs, risks to reoffend, history of violent behaviors, underlying reasons for behaviors, and motivation to change. An additional review of each recommendation for a longer-term restrictive housing assignment shall be conducted by the MDRT for a final decision.

004.04(A) Restrictive housing facility classification teams shall include, but not be limited to, a unit manager, case manager, and unit sergeant.

004.04(B) IMMEDIATE SEGREGATION REVIEW PROCESS. Initial placement in immediate segregation must be approved by the facility warden within 24 hours. Continued retention in immediate segregation must be approved by the facility warden within 15 days. Requests for extensions of immediate segregation past 30 days shall require approval by the Deputy Director - Prisons. Requests for extensions of immediate segregation past 45 days shall require approval by the Director. The maximum length of stay on immediate segregation is 60 days. These duties are not to be permanently assigned to a designee, but can be performed by the acting warden, acting Deputy Director - Prisons, or acting Director.

004.04(B)(i) Placement on immediate segregation status for inmates who are members of a vulnerable population requires approval of the warden within 8 hours of placement.

004.04(C) The MDRT shall meet weekly. Team members may request to send a designee to a team meeting, as approved by the MDRT Chair. All attendees must be approved by the chairperson.

004.04(D) APPEALS. Inmates may appeal placement in immediate segregation and assignment to longer-term restrictive housing as a classification action pursuant to departmental policy.

004.05 Assignment to longer-term restrictive housing shall be used only when no other option can safely manage the risk presented by or to the inmate. The overarching goal shall be risk reduction and transition to the least restrictive environment as soon as possible.

004.06 Program delivery formats for high security environments shall be created that allow program participation while ensuring the safety of participants and staff. This shall include the development of congregate classroom space where possible. Programming and behavioral health resources will be used to reduce risk and address needs.

004.07 Risk assessments and the results of mental health testing, when appropriate, shall be used to guide coordinated interventions, assignments to programming, and other applicable resources.

004.08 Mission specific housing focuses on individual needs and demographics to provide effective living conditions and programming for specific populations. Mission specific housing includes residential treatment and responses to cognitive disabilities, as well as prosocial housing options for inmates with common interests and challenges.

004.08(A) Mission specific housing shall be used to: (1) reduce the use of restrictive housing by providing a range of alternatives that address needs and reduce the behaviors that previously led to the use of restrictive housing, and (2) provide risk - and needs - responsive options for individuals transitioning from restrictive housing, thus reducing lengths of stay for inmates not ready to return successfully and safely to the general prison population.

004.08(B) Mission specific housing units shall operate as general population units and shall, whenever possible, have out- of-cell programming and opportunities for individuals to interact with other inmates and staff during meals, recreation, dayroom, and work activities. Mission specific housing may include, but shall not be limited to:

004.08(B)(i) Housing for inmates in need of residential mental health treatment;

004.08(B)(ii) Housing for inmates in need of programming or treatment for sex offenses;

004.08(B)(iii) Housing for inmates with developmental/intellectual disabilities and traumatic brain injuries that interfere with their safety and/or ability to function effectively in general population, who otherwise might be in restrictive housing for protection or management; and,

004.08(B)(iv) Housing for inmates in need of residential substance abuse/addictions treatment.

004.09 Transition programs and protocols from restrictive housing to other levels of security within NDCS shall be developed to assist inmates in transition to the general population.

004.09(A) Guidelines shall be created and distributed to staff and inmates documenting the steps and criteria for inmates to return to the general population or transition to another form of non-restrictive housing. These guidelines will include an incentive based system that encourages prosocial behavior and program engagement.

004.09(B) Opportunities for inmates to learn and practice pro-social behaviors through cognitive programming shall be provided, with the opportunity to progress through incentivized step-down programs to lower security classifications, based on goal development and attainment, completion of required tasks and activities, and demonstrated positive behavior.

004.09(C) Inmates will participate in discussions and planning of criteria and next steps for each transition opportunity and will help craft individualized goals and areas for improvement.

005. PROTECTIVE MANAGEMENT .

005.01 Protective management methods shall not be a restrictive housing status per policy. Inmates needing protective management shall be housed in a safe location designed to reduce the risk of harm from other inmates while having privileges similar to general population housing, with the goal of helping reduce the department’s use of restrictive housing and concentrating service and program availability to this population.

005.02 Protective custody describes the status of the inmate. Protective management describes the methods used to meet the needs of inmates who cannot be safely housed in other general population units.

005.03 Immediate segregation for inmates requiring/requesting protective custody may occur while risks are assessed, investigations are completed, and appropriate housing is identified. The components, time frames, and procedures for this assessment and investigation shall comply with departmental policy governing these placements.

005.04 Protective management units shall be operated similarly to general population units in terms of out-of-cell time, access to programming, access to work and recreation, etc.

005.05 Appropriate residential mental health treatment housing for protective custody status inmates will be provided when needed.

006. BEHAVIORAL HEALTH .

006.01 Staff shall divert inmates who are members of a vulnerable population to the least restrictive environment and provide risk- and needs-responsive therapeutic settings that are interactive, constructive, and based on individualized interventions while balanced with safety and security.

006.02 All inmates placed in any form of restrictive housing shall receive an assessment by health services to identify any physical injuries, urgent mental health needs, or other urgent conditions prior to being placed in their assigned cell. When this initial screening is conducted by health services staff and concerns about mental health status are noted, the inmate shall be seen by mental health staff for a one-on-one out of cell assessment within 24 hours. If the mental health needs are deemed to be emergent, the inmate shall be held in a location other than restrictive housing until a mental health screening can be completed.

006.03 All inmates in restrictive housing shall receive a mental health screening within 14 days of placement. This screening will be done in a location outside of the inmate’s cell.

006.04 For Inmates in immediate segregation:

006.04(A) Inmates with a serious mental illness diagnosis whose current level of care does not require residential treatment shall be seen for a one-on-one out of cell consult with a mental health provider every 7 days while on immediate segregation.

006.04(B) An inmate can decline to talk with a provider. Force shall not be used to bring an inmate to the consult with the provider unless there is a clear life threatening issue or serious decompensation is noted.

006.05 Mental health services for inmates in longer-term restrictive housing shall be managed through a combination of requests for consultation made by the inmate or facility staff (as in the general population), weekly cell front visits by mental health providers, and one-on-one out of cell therapeutic assessments every 30 days for those with a diagnosis of serious mental illness if the inmate agrees to the consult. Force shall not be used to bring an inmate out to see a mental health provider unless there is a clear life threatening issue or serious decompensation is noted.

006.06 Additional mental health contacts/assessments shall be conducted based on requests by staff, requests by the inmate, and individual treatment plans.

006.07 Outcomes of mental health consultations and screenings may include identifying the need for a greater level of mental health treatment and intervention, a need for acute or chronic mental health housing rather than other forms of housing, and a need for a formal mental health treatment plan.

006.07(A) Every inmate in an Acute Mental Health Unit (AMHU) or a Chronic Care Mental Health Housing Unit (CCMHU) shall have an individual treatment plan.

006.07(B) Every inmate in longer-term restrictive housing shall have a behavior and programming plan. Some individuals may also have a clinical individual treatment plan based on their mental health diagnosis and needs.

006.08 Inmates identified as needing acute or chronic mental health treatment shall be transferred to an appropriate mental health unit for focused care and intervention. Any exceptions must be approved by the Director.

006.09 Inmates diagnosed with serious mental illness who present a high risk to others and require residential mental health treatment shall be housed in a mental health housing unit with space for programming, a secure classroom, and yard space on the unit. This unit will provide a focused therapeutic environment, with daily clinical contact to intervene with behaviors that were previously addressed through punitive approaches and isolation.

007. RISK ASSESSMENT AND MANAGEMENT .

007.01 Risk and needs assessments shall be used to screen, evaluate, and guide interventions and decisions about classification, housing, programming, and other resources for all NDCS inmates pursuant to Neb. Rev. Stat. 83-180(4).

007.01(A) All assessments shall be conducted by staff trained in their administration and interpretation.

007.01(B) Request for assessment of an inmate may be made by any NDCS staff member who identifies concerns about an inmate’s behavior. Behavioral health will review each request and take appropriate action.

007.01(C) Assessments and evaluations shall prioritize (but not be limited to) suicidal behavior or ideation or other harms toward self by an inmate, threats of physical harm toward others, actual physical harm to others while in NDCS custody, concerns about mental health and inability to care for self, and concerns about characteristics or actions that might affect safety in the community at any time and upon discharge.

007.02 Structured decision-making processes as described above shall reflect professional standards of care and emphasize the use of evidence-based approaches and multidisciplinary teams.

007.03 Quality assurance and outcome assessments shall be conducted to identify areas in need of improvement and assure fidelity to evidence based practices, and agency policy and procedures.

008. DISCHARGE AND REENTRY PLANNING .

008.01 PROTOCOLS FOR INMATE DISCHARGE AND REENTRY TO THE COMMUNITY.

008.01(A) The intent of these rules and regulations is to conduct extensive reviews and identify potential discharge risks and needs, as well as ongoing needs for community support, services, oversight, and continuity of care post-release to reduce the risk of recidivism.

008.01(B) Evidence-based assessment tools shall be used pursuant to Neb. Rev. Stat. 83-180.

008.01(C) Preparation of comprehensive and individualized reentry plans shall begin immediately after an inmate’s arrival in NDCS pursuant to Neb. Rev. Stat. 83-1,107(4).

008.01(C)(i) Reentry plans shall be developed pursuant to Neb. Rev. Stat. 83-1,107.

008.01(C)(ii) All reentry plans and reviews shall take into account the individual’s needs, risk to reoffend, history of violent behaviors prior to and while in NDCS, perceived underlying reasons for behaviors, motivation to change, and behavior that raises concern for community safety as release approaches, as identified by evidence-based risk and needs assessment tools.

008.01(D) For inmates identified as an extreme risk to others and/or the community, local law enforcement officials shall be notified prior to the inmate’s discharge.

008.02 DISCHARGE PLANNING FOR INMATES IDENTIFIED AS HAVING A MENTAL ILLNESS

008.02(A) All inmates with serious mental illness and/or a history of serious violence/sex offenses shall be reviewed by the NDCS discharge review team and/or sex offender services prior to their release to the community from all levels of security. Specialized reentry plans shall be developed for inmates who have been identified as having serious mental health conditions or as seriously mentally ill (See NDCS Policy 115.33).

008.02(B) The discharge review team shall also review all inmates who have been housed in acute or chronic mental health housing in a 180 day period before their release, or who are housed in acute or chronic mental health housing until their discharge.

008.02(C) Formal referrals shall be made for those inmates for whom mental health board commitment or a sex offender commitment seems appropriate and most likely to facilitate a secure and safe transition from NDCS custody. (See NDCS Policy 115.33.) (Neb. Rev. Stat. 83-1,107 (5)(c))

008.03 DISCHARGE PLANNING FOR INMATES WITH RECENT STAYS IN RESTRICTIVE HOUSING.

008.03(A) In all cases possible, inmates shall not be released directly from restrictive housing to the community.

008.03(B) If an inmate is already assigned to or placed in restrictive housing 120 days prior to their scheduled release, the MDRT Chair shall be notified. The MDRT Chair shall contact the facility to discuss appropriate steps to assess risk and conduct release planning consistent with safety within the facility and in the community.

008.03(C) Strategic reentry and discharge protocols shall be implemented prior to release to the community, with the goal of returning all inmates who were in restrictive housing to the general population, mission-specific, and behavioral focused housing prior to that release.

008.03(D) Transitional general population housing, designed to help inmates transition from restrictive housing, based on individualized risk and needs assessments shall be used to prepare individuals for a return to a less restrictive and more interactive security level.

008.03D(i) Transfer to transitional housing will depend on the individual’s level of readiness, safety and security considerations, and assessments, reviews, and decisions by the MDRT.

008.03D(ii) The standard for risk shall be measured against the fact that the inmate shall be returning to the community (with the exception of those with life sentences).

008.03(E) All discharges from restrictive housing shall involve an ongoing coordinated effort from facility unit staff, behavioral health staff, social workers, parole administration, and reentry staff to develop specialized reentry plans for any inmate with a stay over 60 days in restrictive housing 150 days before their release.

009. STAFF TRAINING .

009.01 In facilities with restrictive housing, regularly assigned unit staff shall receive special training in working with the population housed in the unit. Refresher training shall be required annually.

009.02 NDCS staff training shall include (but not be limited to) basic communication techniques, motivational interviewing, working with mentally ill and vulnerable populations, working with inmates with behavioral disorders, cognitive behavioral interventions, and trauma training, as well as core correctional practice, crisis de- escalation, and intervention. This training shall be required for all staff interacting directly with inmates.

010. DATA COLLECTION AND REPORTING . NDCS shall provide regular reporting on the use of restrictive housing, and shall issue an annual report to the Governor and the Clerk of the Legislature pursuant to Neb. Rev. Stat. 83-4,114 and Neb. Rev. Stat. 83-173.02.

History

• Effective 2022-05-11

Chapter 3 Restitution

Neb. Admin. Code tit. 72, ch. 3 Restitution {#sec-72-nac-3 omnilex-key=us-ne-regs-official--title-72--72 NAC 3}

001. PURPOSE : To establish policies surrounding the collection of restitution from inmates sentenced to the Department and transfer of restitution funds to the court as required by Neb. Rev. Stat. 83-184.01.

002. RESTITUTION ORDERS . The Department shall collect and remit restitution from inmates sentenced to the Department who have been ordered to pay restitution regardless of whether the restitution order is received as a specific court order or as part of a sentencing order.

002.01 Sentencing orders that require the defendant to pay restitution shall be treated as an order for the Department to collect and remit restitution during incarceration.

002.02 Priority of restitution orders and other Court ordered obligations. If an inmate has more than one restitution order or another court ordered obligation, the Department shall satisfy the orders in the following priority:

002.02(A) Child Support

002.02(B) Restitution

002.02(C) Federal Court filing fees

002.02(D) Other Court Ordered Obligations

002.03 Multiple orders of the same type. If an inmate receives two restitution orders or two Court ordered obligations of the same type, priority shall be given to the order which issued first.

003. COLLECTION RATE . Unless specifically indicated in the sentencing order or court order, restitution shall be collected at the rate of 20% of all stipends or compensation received for employment deposited in an inmate’s institutional account.

003.01 If the order specifies a specific amount of restitution to paid, the Department shall withhold and remit that amount from the inmate’s institutional account, if available.

003.02 The collection of restitution shall not reduce the balance in an inmate’s institutional account below $10.

004. COURTS PROVIDE ORDERS . The various courts will provide the Department with a copy of a sentencing order that includes restitution. The copy shall be sent electronically in a mutually agreed upon manner.

005. NOTIFICATION TO INMATE . The Department shall notify the inmate that they are initiating collection of restitution prior to withholding or remitting any funds and shall include a copy of the court order or sentencing order with such notice.

006. GRIEVANCE PROCESS . An inmate may challenge the restitution order, the amount of funds withheld, or raise other procedural questions regarding the collection and remittance of restitution through the NDCS grievance process found in Title 68, Chapter 2.

007. REMITTING COLLECTED RESTITUTION . All restitution will be remitted to the Court which issued the sentencing order or court order for disposition to the parties designated to receive the restitution. Restitution will be remitted on a monthly basis.

008. COMPLETION OF RESTITUTION NOTIFICATION . The Court issuing the restitution order will notify the Department when an inmate has paid their total restitution due. Upon receipt of notice from a court that an inmate has completed paying the court ordered restitution, the Department shall cease to withhold and remit funds for that restitution order and notify the inmate the restitution obligation has been completed.

009. REPORT TO LEGISLATURE . The Department will provide a report, in electronic format, to the Legislature annually. The report will include the total number of inmates with restitution judgements, the total number of inmates with wage funds, the total number of inmates with both, the number of payments made to the courts, the average amount of payments, and the total amount of restitution collected.

History

• Effective 2017-06-05

Chapter 4 Mental Health Screening, Risk Assessment, and Discharge Review Team

Neb. Admin. Code tit. 72, ch. 4 Mental Health Screening, Risk Assessment, and Discharge Review Team {#sec-72-nac-4 omnilex-key=us-ne-regs-official--title-72--72 NAC 4}

001 Purpose . These regulations provide for a method consistent with professional standards of care to screen all inmates at intake for mental illness, provide opportunities for mental health treatment and cognitive behavioral interventions throughout incarceration, review of high-risk inmates prior to discharge using evidence-based risk and threat assessment procedures to facilitate an appropriate and secure transition from NDCS custody to the community.

001.01 This rule applies to all inmates and county safe keepers (hereinafter referred to collectively as “inmates”) of the State of Nebraska in facilities operated by the Nebraska Department of Correctional Services (NDCS).

002 Screening at Intake . All inmates will receive a full mental health screening within the first two weeks of intake to determine if they are mentally ill as defined in Nebraska Revised Statute (N.R.S.) §71-907. Screening information will be documented in the inmates’ files and included in the behavioral health treatment plan, if applicable. Clinical treatment recommendations will be made in line with the mental health screening and further evaluations. Mental health screening, evaluation and treatment recommendations may be made at any point during an inmate’s incarceration and/or amended, if clinically appropriate.

003 Treatment Recommendations . Licensed behavioral health professionals will make recommendations for treatment based on professional judgement. NDCS policy will identify the screening and evaluation tools used in diagnosis and treatment recommendation. It is the goal to provide treatment prior to parole eligibility date.

004 Discharge Process . All inmates with a mental illness will be evaluated at least 90 days prior to release by a behavioral health professional. This evaluation will include a review of dangerousness and threat to the community. Evidence-based assessment tools shall be used to identify any individuals approaching discharge who should be evaluated for mental illness or dangerousness. Documentation will be made in the treatment file and will include a referral to the Discharge Review Team if identified as high risk as defined in Section 005.02.

005 Discharge Review Team . A multi-disciplinary team responsible for reviewing cases for individuals identified as high-risk who are nearing discharge and present a risk of dangerousness and/or who are mentally ill and dangerous as defined by N.R.S. §71-908.

005.01 Membership. The Discharge Review Team is a multi-disciplinary team of NDCS staff appointed by the Director, to include at least three psychologists, social worker, victim-witness representative and members of the NDCS intelligence and investigation functions or other staff designated by the Director.

005.02 Selection Inmates identified as high risk include:

005.02.01 Inmates who are dangerous to themselves (as evidenced by recent overt act, suicidal statements, suicide attempts, major self-harm behaviors or inability to care for themselves),

005.02.02 Inmates who are dangerous to others (as evidenced by violent activity prior to or during incarceration, threats or attempts to harm others),

005.02.03 Inmates with discharge needs that create a risk to the inmate or the community (either because of their special needs or their lack of compliance with the discharge plan).

005.02.04 Inmates housed in secure mental health housing within 180 days of their tentative release date

005.03 Referrals. Any NDCS staff member who believes an inmate, upon discharge, presents a danger to themselves, others or the community shall refer the inmate to the Discharge Review Team. Licensed behavioral health professionals shall refer an inmate when the evaluation indicates high-risk as defined in section 005.02.

005.04 Review. The Discharge Review Team shall review all inmates identified as high risk as defined in section 005.02, those who are referred for review based on the evaluation by the licensed behavioral health professional and inmates who have been housed in secure mental health housing within 180 days of their tentative release date. The Discharge Review Team will convene at least monthly to review identified inmates and make recommendations for discharge planning. Each inmate will be reviewed based on all information made available to the Discharge Review Team with a focus on identifying mental health or other risk factors that present a danger to the community.

005.05 Assessment. The Discharge Review Team will use evidence-based and empirically valid psychological and/or violence risk/threat assessment and social work procedures to identify risk factors to the inmate’s discharge, including: mental health issues, criminogenic thinking, substance abuse, lack of appropriate supports, etc.

005.06 Disposition. The Discharge Review Team will recommend steps to protect the inmate and mitigate risk to the community, to the extent possible.

005.06.01 When an inmate is deemed to be mentally ill and dangerous, referral for mental health board commitment review will be made to the appropriate county attorney under the Nebraska Mental Health Commitment Act, N.R.S. §71-901 et. seq. Inmates who are potentially dangerous sex offenders will be screened under the Nebraska Sex Offender Commitment Act, N.R.S. §83-174.02 separately from the Discharge Review Team process.

005.06.02 When an inmate has threatened an identifiable individual, NDCS staff will take steps to warn the intended victim and to notify local law enforcement of the threat (Tarasoff warning).

005.06.03 If an inmate is not mentally ill but determined to be especially dangerous, as assessed prior to release, NDCS will provide notification to local law enforcement of the danger.

005.06.04 For all others, NDCS will work to support the inmate with discharge planning recommendations and other measures designed to increase community safety (e.g., referral to NDCS Social Work and/or Reentry Services).

005.06.05 If a licensed behavioral health provider disagrees with the decision of the DRT, he/she may contact the county attorney directly and shall not be subject to discipline for doing so.

005.07 Quality Assurance. The Discharge Review Team shall establish a procedure to review the outcomes of recommendations made on discharged inmates to ensure fidelity to the process, identify and address relevant challenges. The findings of the quality assurance shall be included in the DRT’s annual report.

006 Risk and needs assessments shall be used to screen, evaluate, and guide interventions and decisions about classification, housing, programming and other resources for all NDCS inmates.

006.01 All assessments shall be conducted by staff trained in their administration and interpretation.

006.02 Request for assessment of an inmate may be made by any NDCS staff member who identifies concerns about an inmate’s behavior. Behavioral Health will review each request and take appropriate action.

006.03 Assessments and evaluations shall prioritize (but not be limited to) suicidal behavior or ideation or other harms toward self by an inmate, threats of physical harm toward others, actual physical harm to others while in NDCS custody, concerns about mental health and inability to care for self, and concerns about characteristics or actions that might affect safety in the community at any time and upon discharge.

History

• Effective 2017-07-22

Chapter 5 Medicaid Suspension

Neb. Admin. Code tit. 72, ch. 5 Medicaid Suspension {#sec-72-nac-5 omnilex-key=us-ne-regs-official--title-72--72 NAC 5}

TITLE 72 NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES

001 Purpose To establish a process for identifying inmates who were Medicaid recipients prior to becoming incarcerated so that their Medicaid can be suspended rather than terminated and to notify the Department of Health and Human Services prior to the release of an inmate whose Medicaid has been suspended.

002 Medicaid Screening at Intake Records staff shall screen all new admissions to determine whether or not the inmate was enrolled in the medical assistance program on the date they became incarcerated.

003 Notification at Intake NDCS shall notify the Department of Health and Human Services (HHS) each week of all new admissions who were enrolled in the medical assistance program prior to becoming incarcerated and within 20 days of receiving information that an inmate who was enrolled in the medical assistance program is or will be incarcerated within an NDCS institution.

004 Discharge Notification Records staff shall maintain a list of individuals for which notice has been provided to HHS and a list of inmates who have had their medical assistance suspended by HHS during their incarceration. The Department shall notify HHS of the pending release of any inmate whose medical assistance has been suspended at least 45 days prior to the inmate's scheduled release and provide a copy of the notice to the inmate.

005 Collaboration with Department of Health and Human Services (HHS) The Department will continue to collaborate with HHS to improve the screening and notification processes established by this rule.

History

• Effective 2020-07-04