Restrictive Status Housing in Wisconsin DOC Current Status, Progress, and Future Plans 2014 TABLE OF CONTENTS Introduction……………………………………………………………………………………. 3 General Process for Entering RSH……………………………………………………………… 3 Entering a Segregated Status………………………………………………………………… 3 Initial Mental Health Review…………………………………………………………………. 4 Review of TLU Placement…………………………………………………………………… 4 Remaining in RSH……………………………………………………………………………. 4 Administrative Confinement…………………………………………………………………. 4 Periodic Reviews of RSH Placement………………………………………………………… 5 Step Programs………………………………………………………………………………… 5 Conditions of Confinement........................................................................................................ 5 Specialized Training................................................................................................................... 5 Ongoing Reviews……………………………………………………………………………… 6 Summary of Progress in 2014………………………………………………………………….. 6 Next Steps……………………………………………………………………………………….. 6 Institution-Based Programs Columbia Correctional Institution……………………………………………………… Green Bay Correctional Institution…………………………………………………… . Taycheedah Correctional Institution…………………………………………………… Waupun Correctional Institution……………………………………………………… . Wisconsin Secure Program Facility……………………………………………………. 7 7 8 9 10 APPENDIX Wisconsin DOC Restrictive Status Housing Improvements through the Years………………. 11 RSH DRAFT Policies and Forms DAI Policy 303.00.01 – Disciplinary Guidelines-Major Penalties…………………… DAI Policy 303.00.02 – Restrictive Status Housing Program………………………... DAI Policy 303.00.03 – Temporary Lock Up (TLU)………………………….……… DOC-67 – Notice of Offender Placed in Temporary Lockup ………………………… Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans 16 23 31 33 Page 2 Introduction This report provides an overview of Restrictive Status Housing (RSH) processes and programs within the Wisconsin Department of Corrections (the Department). The programs and facilities highlighted are a sampling of what the Wisconsin Department of Corrections has available. Some programs provide an opportunity for inmates to earn their way out of RSH or move to a less restrictive status. Other units provide alternative housing for inmates who have mental health issues, are vulnerable, or are low functioning and who might otherwise gravitate toward restrictive housing. The Department recognizes that there can be mitigating factors when inmates engage in misconduct and rule violations. We attempt to find the right balance between providing mitigation when appropriate and holding inmates accountable for their behaviors. The Department has been involved in making changes to RSH practices throughout its history. Appendix 1 is a timeline that highlights improvements within the last 10+ years. Starting in early 2014, we accelerated our efforts and convened a high level workgroup to further revise our policies and approaches to the use of RSH, including a re-evaluation of the purposes of discipline, appropriate dosage and penalties, and the use of alternatives to RSH. By simply placing a spotlight on these issues, we have decreased our RSH inmate numbers by 20%. The process has been gradual and ongoing. We have revised our Administrative Code (DOC 303) that pertains to the use of discipline effective 1/01/2015. The code changes have not yet been implemented. As they become effective, we will be monitoring their effectiveness on institution security and safety. General Process for entering RSH An inmate may be placed into RSH within the Department through several avenues. Each placement is governed by the Wisconsin Administrative Code, DOC 303(relating to discipline), 306 (Protective Confinement), 308 (Administrative Confinement), or 311 (Observation Status). Each status has its own method for placement and periodic review. We will cover all statuses with the exception of observation status, which generally lasts 2-3 days and is reviewed more frequently than other statuses by security and psychology staff. Entering a Segregated Status. The institution may place or retain an inmate in Temporary Luck-up (TLU) for one or more of the following reasons:  The inmate’s presence in general population (GP) may impede a pending investigation or disciplinary action.  The inmate’s presence in GP may be disruptive to the operation of the institution.  The inmate’s presence in GP may create a danger to the physical safety of the inmate or another.  The inmate’s presence in GP may create a risk that the inmate shall try to escape from the institution.  If the inmate completes disciplinary separation or administrative confinement and is awaiting placement at the appropriate security level or status. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 3 Inmates may also be placed in Protective Confinement if the inmate requests placement or if the Security Director is satisfied that the placement is necessary for the safety and welfare of the inmate. The Department’s policy for TLU is being revised to narrow the circumstances in which inmates will be sent to RSH units, focusing on actions by inmates that directly affect institution safety and security. Initial Mental Health Review Inmates placed in RSH under TLU who have serious mental illness are reviewed by mental health staff within one working day of placement. If the inmate has significant issues he/she are usually seen within the same day. Clinicians make regular rounds and contacts during the week. Under the new policies, psychological services staff will provide input to the Security Director for inmates with serious mental illness and may provide input for the disciplinary hearing if it occurs. Review of TLU Placement The Security Director reviews any TLU placements within 2 days. If the Security Director determines that placement is not necessary, the inmate is released. The inmate cannot remain in this status for more than 21 days. The Security Director must review the status of each inmate every 7 days to determine if TLU placement continues to be appropriate. There will be an increased emphasis on the Security Director determining whether TLU placement is appropriate for any TLU placement, focusing on retaining only those inmates who pose a risk to institution safety and security. Remaining in RSH Inmates may remain in RSH after a finding of guilt for a disciplinary infraction. As a result of new policies, the Department is revising the guidelines that determine the length of disposition. While the Administrative Code allows dispositions for some infractions to reach 360 days, the Department is setting much lower base dispositions (0-60 days) with specific rationale and authorization needed for longer stays. Administrative Confinement Inmates placed in Administrative Confinement are identified as posing long-term risks to institution safety and security. At this time, the Department has just over 100 inmates in this status. The Administrative Code identifies the following reasons for placement:  The inmate presents a serious risk to another person, self, or institution security. The risk may be indicated by a history of homicidal, assaultive or other violent behavior, or by an attempt or threat to cause that harm.  The inmate’s presence in the GP is perceived as a serious risk to another person, self, or institution security.  The inmate attempts to or engages in any of the following: intimidation, threats, victimization, stalking or harassment of any person.  The inmate’s activity gives a staff member reason to believe that the inmate’s continued presence in GP may incite a disturbance.  The inmate has been identified as having an affiliation with a security threat group or there are reasonable grounds to believe that the inmate has an active affiliation with a security threat group. The Department will be reviewing its programs for Administrative Confinement to provide more programming and rehabilitative activities for this population. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 4 Periodic Reviews of RSH Placement Inmates are reviewed by an RSH Review Team on a 4-week rotating basis. The Review Team may include security, nursing, psychology, and unit staff. While the time given for a specific disciplinary violation is a fixed amount, inmates may be granted half-time status where sustained good behavior and program participation results in early release. The Warden may at any time release an inmate from RSH. Inmates retained in Administrative Confinement are reviewed by the RSH Review Team on a rotating 4-week basis, but also have a more comprehensive review at least every 6 months to determine if placement continues to be appropriate coupled with a complete annual review. Inmates in Protective Confinement are also reviewed by the RSH Review Team on a rotating 4week basis, but the Security Director can approve release at any time. Step Programs Nearly all institutions in the Department have Step Programs. These programs allow inmates to progress through structured levels with increasing property and privileges. Additional programming and activities are offered at institutions based on resources and physical plant. This may include more out-of-cell time for recreation and group programming. Many institutions offer transitional programs where inmates can acclimate back into GP by placement in a less restrictive setting and being allowed more property and privileges. The Department is revising its policies to provide more consistency across facilities for Step Programs and to promote practices that focus on inmate rehabilitation and eventual transition to GP. We are attempting to more clearly define the behaviors and time frames that will allow progression to less restrictive steps. Conditions of Confinement Inmates in RSH units are provided with the following:  Medical care (nursing rounds are conducted at least twice per week)  Mental Health Care (psychology rounds are conducted at least once per week for inmates on the mental health caseload).  Out-of-cell exercise at least 4 hours per week, and more where resources permit. In many facilities additional exercise equipment has been added to provide more options.  The ability to maintain appropriate hygiene and showering on a regular basis.  Reading materials and law library.  Use of electronics (TV, Radio) based on behavior and physical plant.  Program opportunities. Most facilities offer self-help program materials that deal with a variety of issues. Where resources and physical plant allow, there is additional group programming.  Sensory stimulation. The Department has made a concerted effort to deal with the issue of sensory deprivation. This includes offering additional activities to help reduce idleness and addressing physical plant issues (adding clear windows to see outside, putting clocks in corridors, handing out calendars, etc.). Specialized Training. In addition to standard training such as annual suicide prevention training, most staff working in RSH units have also received a 2-day training in Crisis Intervention. Additional training is scheduled to expand this program to more staff in the coming year. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 5 Ongoing reviews The Department has a Conditions of Confinement Committee that meets regularly and seeks to improve overall conditions in RSH units, including physical plant, property, staffing, and programming. This group includes DOC Administrators, Wardens, Deputy Wardens, Security Directors, Central Office Staff, RSH Unit Supervisors, and Mental Health Professionals. Summary of Progress in 2014  Developed DAI Policy on TLU to provide additional guidance and direction in the use and review of this status.  Update the TLU Placement form DOC-67 which provides detailed reasons for placement in TLU, including Security Director review and release.  Developed DAI Policy on Disciplinary Guidelines for 303 – which include base penalties for major Code violations, hearing officer justification required to go higher or lower than base penalty, and enhancer or mitigating factors.  In the process of exploring options for additional groups and programs in RSH.  RSH Step Program policy is in a working draft form to bring consistency and standardization to our Step Programs.  Developing a survey to measure staff wellness in RSH.  Beginning January 1st, 2015, rotating staff who work in RSH on a 14-week schedule.  Institutions are working to transition inmates out of RSH environments before they release to the community. This may involve transitional units or additional programming.  Security Chief is drafting revisions to the Security Precautions and Restrictions policy.  Institutions are reviewing long-term RSH inmates for alternative placements and programming.  DAI is reviewing use of Wisconsin Resource Center (WRC) beds and the process of transfer between RSH inmates and WRC.  DAI is reviewing how to approach inmates who refuse to leave RSH. A pilot program has been developed to acclimate inmates to more normalized settings.  Wisconsin Department of Justice staff attends RSH Committee meetings and provide advice regarding legal issues.  DAI is reviewing and developing further staff training for RSH.  DAI is continuing Crisis Intervention Partners (CIP) training for RSH staff. Next Steps  Review Administrative Code 308 regarding Administrative Separation (High Risk Assaultive).  Revise Draft policy for Administrative Separation and programming which may include step type/transitional programming.  Research additional evidenced based programming.  Continue to research internal classification tools and criteria.  Conduct a review of the effectiveness of the new disciplinary code and to ensure expectations are being met.  Create a committee of community advisors. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 6 Institution-Based Programs Columbia Correctional Institution Special Management Unit (SMU) The goal of the CCI Special Management Unit (SMU) is to provide activity-based programming and enhanced mental health monitoring within a separate housing facility committed to the needs of the serious mentally ill/impaired inmate population at CCI. The focus on both units is on inmates who have psychotic spectrum disorders, cognitive impairment or vulnerability. The SMU houses a large number of the institution’s offenders who are court-ordered for psychiatric medication as well as serious mentally ill offenders in RSH and/or Administrative Confinement status. Groups may include Illness Management Recovery (IMR), Collaborative Assessment and Management of Suicide (CAMS) and Social Skills Training for Schizophrenia. Mental Health Program Escort Officers The Mental Health Program Escorts started in March of 2010. Since then, Escort Officers have facilitated over 18,400 inmate contacts with PSU staff in RSH units and SMU units. These contacts may include individual or group appointments with primary care doctors, psychologists, psychiatrists, and social workers. Other activities include books on tape, current events group, employability skills, recreation, North Woods program, lessons on hygiene and wheelchair aerobics. Escort officers serve as liaisons with psychology and security staff through weekly team meetings and bi-weekly multi-disciplinary meetings. The escort officers also conduct rounds on tiers to make themselves accessible and attempt to intervene with problems before they turn into something bigger. Green Bay Correctional Institution Mainstream Unit The Mainstream Unit (MU) is a small, 25-bed unit designed to house low functioning, vulnerable inmates who have an education need. The unit is mostly self-contained, meaning most services are provided on the unit. The Mainstream Unit is staffed by sergeants, officers and a full-time teacher. Inmates who reside on the Mainstream Unit are expected to participate in school and other programming. There are four inmate tutors who assist inmates in their schooling efforts. One tutor lives on the unit full-time and functions as a role-model with a high level of leadership, demonstrating and teaching appropriate interactions with staff and inmates. A Multi-Disciplinary Team oversees the progress of inmates housed in the Mainstream Unit. The team conducts weekly staffings with MU inmates. Some inmates in the Mainstream Unit are managed with individual plans to reduce the opportunities for rule violations and keep them out of RSH units. These plans have been highly successful. Inmates in the Mainstream Unit participate in voluntary community service projects which include knitting and sewing. This year, hundreds of items were donated to various charitable organizations. These items included hats, mittens, bibs, quilts, baby blankets, animal beds, duffel Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 7 bags, and eyeglass cases. Inmates in Mainstream Unit participate in gardening. The harvest is available for inmates on the unit and is donated to the institution Food Service area. Transition Unit The Transition Unit houses inmates who are in transition from one status to another. There are long-term RSH inmates who are on individualized plans to assist transition back to GP. There are GP inmates who are on transition plans for eventual housing on the Mainstream Unit. Other types of inmates housed in this unit include Protective Confinement inmates, Temporary Lockup (TLU) inmates, Disciplinary Separation (DS) inmates, inmates who are awaiting transfer out of the institution due to a Special Placement Need (SPN), and inmates who need to be temporarily removed from GP without being placed in TLU. Step Unit The Step Unit typically houses inmates who are close to the end of their RSH time. It also houses inmates in Administrative Confinement. The Step Unit is designed to provide RSH inmates with an incentive to maintain stable behavior while in the RSH building. With good behavior, RSH inmates are transferred to the Step Unit where they are allowed additional property and privileges. Taycheedah Correctional Institution Monarch Special Management Unit (MSMU) MSMU targets a wide range of issues including mental illness, behavioral instability, substance abuse, special medical concerns, and other needs. MSMU has three wings that house 55 GP inmates, a segregated wing that houses 9 inmates, and 3 observation cells. For an inmate to live in MSMU, a formal referral is made by a Psychologist. This referral is reviewed by the Corrections Program Supervisor (CPS) prior to approval. Within 45 days of entering MSMU, the Treatment Team meets with an inmate to develop her Treatment Plan. The Treatment Team consists of a CPS, Psychologist, Psychiatrist, Social Worker, Clinical Social Worker, Recreation Therapist, and Security (one representative from each). The Treatment plan is reviewed at least every six months. MSMU is a structured environment running on the phase system with Red, Yellow, and Green phases. Phases for each inmate are determined by the Treatment Team bi-weekly. Inmates are expected to attend 10 hours of groups per week (five hours can be education groups) and meet at least once per week with psychology and psychiatry staff, respectively. MSMU’s RSH wing is used for inmates in a segregated status and houses GP inmates that have security restrictions. Inmates in this wing also may be on an Individual Care Plan. The purpose of the Individual Care Plan is to offer multiple strategies to assist the inmate to successfully reintegrate into GP. RSH Unit There are three steps and a transition status for inmates who receive disciplinary time in RSH. Inmates begin in Step 1 and within 30 days are reviewed by an RSH team for possible promotion. The RSH Review Team includes the CPS, Security Supervisor, Psychologist, Licensed Clinical Social Worker, medical staff and a Security Sergeant. During the review, the team discusses the inmate’s behavior and participation in groups. Security staff from each shift provides information on the inmate’s behavior. If behavior is appropriate, they are assigned halfRestrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 8 time disposition. If appropriate, the inmate will be promoted to Step 2, Step 3, or Transition. If Transition is assigned, the inmate is released to GP. All inmates with serious mental illness are offered a minimum of 10 hours of out-of-cell structured programming each week. Inmates who are on the mental health caseload (but without serious mental illness) are offered a minimum of five hours per week. Waupun Correctional Institution WCI RSH Unit Programs WCI has a 180-bed RSH unit with an additional cell hall designated as an overflow unit. Psychological Services, Social Services and security staff facilitate programs to assist inmates housed in the RSH building. There is a 5-cell group room designed to ensure safety of staff and facilitate groups. Transition Programming Inmates entering WCI from the Wisconsin Resource Center, from an extended stay in a RSH / step down unit (Administrative Confinement, Disciplinary Separation etc.) or at the Security Director’s direction will participate in a transition period in the North Cell Hall. Escort and transfer officers are utilized to escort inmates in the Transition Program to appointments within the institution. Visits are reviewed to determine whether “no-contact” visits are needed during transition period. The RSH Review Team makes determinations about when an inmate may progress through the Transition Period. In the early stages, inmates are fed in their cell and are offered individual exercise in the outdoor recreation area. Showers are offered using secured showers. Later on, inmates attend designated meals in the cafeteria with small groups of inmates within their assigned range. They may attend recreation in small groups. Eventually they will be allowed to go to the cafeteria for all their meals and participate in recreation and showers with all GP inmates. Behavioral Health Unit The Behavioral Health Unit (BHU) is a mental health treatment unit within WCI that provides a safe and secure housing location for inmates with chronic mental health difficulties. BHU provides mental health treatment and programs targeting a wide range of psychological disorders and behavioral issues. Treatment Team Concept BHU is run under the Treatment Team concept. This means that all staff is part of the team, which enables the unit to run more effectively while providing inmates with individualized programming. Programs assist inmates in identifying risk factors for relapse, in learning positive coping skills and preparing for community re-entry when applicable. Referrals Referrals are reviewed by the Program Supervisor prior to admission. Referrals provide information related to reason for referral, past mental health history and diagnosis, and provide a treatment plan describing goal. A Special Review Team (SRT) meets to determine when it is clinically appropriate to release RSH inmates to BHU if there is mental health deterioration in an RSH environment. All inmates residing on BHU have an assessment of their treatment needs. Educational services and other therapeutic activities will be offered based on individual treatment needs. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 9 Incentives Inmates receive incentives on BHU based on their level. Levels are determined by behavior, attitude, programming needs, treatment involvement and progress toward identified goals. Incentives may include extra dayroom, extra recreation, off-unit activities, and access to hobby materials. Levels can be dropped immediately with supervisory approval based on behavior, conduct reports, and/or treatment need. All BHU staff received Crisis Intervention Partner training on effective communication and in treating a mentally ill population. Wisconsin Secure Program Facility High Risk Offender Program (HROP) HROP assists inmates to transition from Administrative Confinement to GP. Inmates who are accepted into the HROP are still in Administrative Confinement Status. The security phases encourage positive adjustment and provide an opportunity for successful return to a less restrictive institution. The program provides a controlled increase in privileges and responsibilities in order to promote acceptable conduct. 1. Phase Red A. Inmates on Phase Red are required to participate in programming including Adult Basic Education if this has been identified as a need. B. Inmate movement occurs in restraints. C. Three 15-minute phone calls are allowed per month D. Five out-of-cell hours per week. E. No congregate activity during this phase. F. Minimum length of stay is four months. 2. Phase Yellow A. Inmates on Phase Yellow are required to participate in programming including Adult Basic Education if this has been identified as a need. B. Inmate movement occurs in restraints. C. Three 15-minute phone calls are allowed per month D. Five out-of-cell hours per week E. Inmates are allowed to participate in congregate activity with other inmates out of cell, specifically small education and programming groups F. Minimum length of stay is 4 months 3. Phase Green A. Inmates on Phase Green will be required to participate in all required programming. The Programs Department will assign inmates to the group based on identified A&E needs, Unit Team recommendation and facilitator availability. B. Out-of-cell movement, on the unit, will occur without restraints unless deemed necessary by a Security supervisor or Unit Manager C. Five 15-minute phone calls will be allowed per month D. Ten out-of-cell hours per week E. Inmates will participate in congregate out of cell activities including recreation, programming and education. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 10 Appendix Wisconsin DOC Restrictive Status Housing Improvements through the Years 2003 First meeting of the Segregation Workgroup. Membership included wardens, psychology staff, security staff, administrators and community advocates. Its purpose was to develop a plan for improving the care of inmates with mental health problems in DOC segregated settings. Weekly multidisciplinary meetings were started at major institutions. The purpose was to coordinate across disciplines the treatment of inmates who presented challenges to the institution due to mental illness. These meetings are ongoing. Many inmates under review are in segregated settings. DOC started to convert Crisis Intervention Worker positions to Psychologists to increase the training and expertise of mental health staff who worked in segregation units. There were 12 conversions between 2004 and 2014. Mental health and suicide prevention training within the Pre-service Academy was expanded to 8 hours. 2004 WSPF began to create group space for out of cell programming. WSPF litigation brought attention to the issues of sensory deprivation, social isolation and mental illness in segregation. GBCI added a Corrections Program Supervisor to oversee the Segregation Unit and ensure that staff from different disciplines work in a collaborative manner. In addition, changes were made to allowable property and privileges (i.e., additional hygiene and writing supplies, expanded canteen options, increase in allowable books, additional recreation, additional phone calls and additional visits). 2005 The Segregation workgroup published its report in January 2005 that made a wide range of recommendations to improve mental health care for segregated inmates. Most of the recommendations were implemented in the subsequent years, as described in this document. Mental health training was further developed. Two hours of annual update training in suicide prevention for all front-line staff was started in 2005 and made mandatory in 2006. A mental health classification system was developed to identify inmates with mental health problems and/or serious mental illness. All DAI inmates were assigned a classification over the following year and the results entered into CIPIS, which was eventually converted to the WICS database. The Clinical Observation Tracking Database started to operate. This Microsoft Access database records the characteristics and circumstances of inmates who are placed on suicide watch. Annual data is used as a teaching tool in suicide prevention training. DOC developed the first policy regarding the privacy of segregation interviews by mental health staff (BHS policy 700-03). Maximum Security Institutions met regularly to discuss operational issues between facilities. The group later developed into the Conditions of Confinement Committee. Several facilities began to address sensory deprivation issues within segregation units. This included:  Issuing monthly calendars.  Purchasing clocks for mounting in the hallways within view of inmates.  Reading and recreational items such as expanded library services, puzzles, and word searches.  Providing books on tape and changing radio stations on a regular basis. GBCI increased psychologist coverage in segregation from 1 FTE to 2 FTEs. 2006 In an effort to expand the pool of qualified applicants for mental health staff positions, Masters-level clinicians were included in the Psychological Associate classification. Actual hiring of Masters-level positions started several years later. Group programming started within segregation units at GBCI and CCI. Although limited by space and staffing, the programs continue to be further developed. 2007 Mental health training was further expanded to include 4 hours of mental health and suicide prevention training within Orientation to the Department for Non-uniformed Staff. DOC began psychological assessments within 1 working day of segregation placement for inmates with serious Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 11 mental illness. A new process for review of segregation placements allowed for greater mental health input to decisions about the treatment of inmates with mental health problems in segregated settings, including progression through Step status. Comprehensive Suicide Prevention Plan for DAI was adopted. DAI reviews and authorizes New Freedom Programming for in-cell use at all Segregation facilities. Psychologist in-person response time to clinical observation placements was reduced from a maximum of 2 working days to a maximum of 24 hours (decreased again to 16 hours in 2012). DOC developed a procedure for Psychological Input to the Disciplinary Process. It is used for inmates with serious mental illness who receive major conduct reports to determine whether mitigating factors are present. It Is currently employed on a discretionary basis (whenever there is a request from the hearing officer, inmate advocate, or any staff member). WCI built therapy booths in a group room in the segregation unit, allowing inmates in segregation status to attend group therapy. GBCI begins conversion of the Reception area into a Step down/transitional unit (separate from segregation) allowing for more privileges as inmates progress through their Step program. 2008 DOC entered into settlement agreement with USDOJ regarding mental health care of inmates at TCI. This starting a 4-year process of improving mental health treatment and programming to all TCI inmates, but focusing particularly on programming and treatment for those in segregated settings. Mental health policy development accelerated. Over the next 3 years, approximately 20 new mental health policies were approved, many of them applicable to inmates in segregated settings. Conditions of Confinement Committee reviews TCI improvements to see what can be implemented at male facilities without significant additional resources. New Freedom in-cell programming expands into many segregation units. MSDF adds flat screen TVs to segregation recreation rooms. JCI develops “Life Skills” program for segregation inmates and the following year starts “Make Change it Pays” program. GBCI:  Increased security supervisory coverage in segregation from 1 to 2 FTEs.  Created a unit for step 3 segregation inmates who demonstrate stable behavior. This unit afforded more property (including electronics) and privileges.  Reopens the former Seg 1 building as the Transition Unit, designed for long-term segregation inmates who were ready to transition to GP. Individualized plans were created to gradually re-introduce inmates to appropriate social interaction in a non-restricted setting. 2009 The Behavioral Health Unit (BHU) at WCI opened. The purpose of the unit was to provide a treatment setting for inmates with histories of mental illness, disruptive behavior, conduct reports and segregation placements. In the first year of operation, there were significant reductions for the program participants for major conduct reports, returns to segregation, self-harm attempts and clinical observation placements. Tele-psychiatry services were expanded to cover several DOC facilities and eventually used to improve access to psychiatrists in segregation units, notably at GBCI. WCI settled the Matz/Schumacher litigation regarding conditions of confinement. The settlement included:  Replacing segregation frosted glass with clear glass  Reducing night lights from 9 to 5 watts  Allowing inmates to cover their eyes (and add to handbook)  Allowing fans on C range/AC  Allowing recreation equipment at recreation (hackey sacks, basketballs, and roman chairs)  Providing warmer clothes for outside recreation, (warm coat, gloves and socks)  Allowing magazines in Step 3/AC  Increasing canteen and personal photos  Installing safety mirrors  Outlining factors for release/consideration Other facilities made similar adjustments. GBCI followed with a project to have their segregation windows converted to clear glass. Some facilities had these accommodations already in place. In-cell segregation programming increased statewide. Out-of-cell groups expanded based on staffing and space available. Judge Crabb upholds GBCI’s use of a behavioral action plan for a behaviorally disruptive inmate. Points include: Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 12   The role that correctional and treatment staff have in protecting the safety of a disruptive inmate The importance of documenting incidents of self- harm that were not responsive to less restrictive measures before implementing more restrictive measures in a behavioral action plan  The need for ongoing review of the plan with a return to a less restrictive status after behavioral improvement  The importance of PSU and HSU staff involvement in developing and monitoring the plan.  The need for due process to afford the inmate an opportunity to agree or disagree with the plan and to raise objections 2010 Membership of the Better Treatment Options (BTO) committee increased. BTO was designed to improve the continuity of mental health care between the DOC institutions and WRC. The majority of inmates reviewed are in segregation status. DOC implemented a policy on psychology input into security decisions. Direction provided to institutions to avoid issuing conduct reports or imposing restitution for self-harm actions. Program escort officer positions were created at both CCI and WCI. Duties included:  Escorting inmates in RSH, SMU and BHU to and from programming  Scheduling and coordinating program activities  Distributing and working with inmates on in-cell programming  Additional segregation rounds and inmate monitoring  Facilitating some groups, (current events, books on tape, socialization, others)  Co-facilitating groups (CGIP, IMR, others)  Participation in unit meetings and team meetings and providing input In some cases the program escort officers developed their own activity groups such as current events, hygiene, puzzle groups, recreation, hobby crafts and others. These positions received additional training including Crisis Intervention Partners. GBCI used a fractionated position to increase a psychologist position from .5 FTE to 1.0 FTE. MSDF starts an out of cell group in segregation for Anger Management; adds wall clocks and supplies crossword puzzles the following year. GBCI allowed segregation inmates in the Step Unit to order magazines and newspapers. GBCI completed the conversion of frosted glass windows in segregation to clear windows. GBCI began providing gloves (in addition to hats and coats) for inmates to wear at outside recreation. 2011 DOC collaborated with the Wisconsin Resource Center to develop a psychotropic medication formulary and approval process that is consistent with the DOC, improving continuity of care for inmates, many of whom are in segregation status. DOC developed a process for Wisconsin Resource Center staff to visit inmates at DOC facilities before and after their WRC stays to facilitate reach-in and outreach services. Many of these inmates are in segregation status. DOC revised and reissued the policy on PSU input into security decisions. WCI converted a non-clinical position to a psychologist position to increase PSU staffing. GBCI installed secure treatment booths in segregation. OSCI added secure spaces so that groups can be held in segregation. 2012 WCI converts another non-clinical position to a psychologist to increase PSU staffing DOC developed a 2-day Crisis Intervention Partners (CIP) curriculum that trained 700 staff in 2012-2013 using a grant from the JAG Recovery Act. The program initially placed a priority on training staff who worked in maximum security segregation units. The training is ongoing; seven trainings are scheduled for 2014. WCI developed a Dialectical Behavior Therapy team that expanded DBT services and included both GP and segregation inmates. In September, 2013, a consultant visited WCI to evaluate the DBT program and gave a positive evaluation. An initial program evaluation showed a reduction in self-harm behavior, ER visits and restraint episodes. The DOC Psychology Director and DOC Psychiatry Director became the Reviewing Authorities for all inmate complaints pertaining to psychology and psychiatry, respectively. This change allowed for complaints to be routinely reviewed by clinically-trained staff early in the process. TCI started operation of treatment annexes for the segregation and SMU units. DHS started operation of a 45-bed women’s unit at WRC. DOC successfully resolved the 4-year settlement agreement with USDOJ at TCI. BHU Programming for mentally ill inmates expanded at WCI, including an evidence-based program called Illness Management and Recovery. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 13 MSDF adds workout equipment to segregation recreation room. OSCI starts the practice of chaplain rounding in segregation once per week. OSCI starts multi-disciplinary committee discussions of all incoming inmates to segregation with known mental health issues, with joint development of a care plan and follow-up discussions weekly. SCI adds cognitive-behavioral work packets for segregation inmates that address self-esteem, self-defeating patterns, developing healthy relationships and correcting criminal thinking. 2013 CCI increased a psychologist position from .5 FTE to 1.0 FTE by position conversion. CCI added 2 secure chairs to the Due Process room to allow for group therapy with 4 segregation inmates at a time. WCI expanded group treatment in segregation, GP and the Behavioral Health Unit. Programs included coping skills, trauma treatment, illness management and recovery, social skills and mood management. Allocation of 5.5 FTE in the 2013-2015 state budget for psychologists and clinical social workers to provide additional programming within WCI, GBCI and CCI segregation units. Clinical social worker positions were later converted to Psychologists to make more effective use of the positions. DOC revised its Mechanical Restraints Policy, emphasizing PSU staff involvement into decisions about restraints. DAI provided direction to institutions to provide a regular mattress and a set of starting property to inmates in clinical observation, unless contraindicated by security or safety considerations. Secretary Wall indicates his intent to focus more resources and time into segregation reform with defined goals and objectives for review. WCI submitted a request to DAI to implement pocket cameras to protect staff from false allegations. ASCA published standards for Restrictive Status Housing. DOC completed a review of practices and determined that 11 of 13 standards were met. DOC submitted request for submission to ASCA detailing innovative (best practice) programs related to RSH. WRC started a program of using stress balls / swatches of soft material for sensory and calming effects; items are retained upon transfer back to DAI facilities. MSDF starts to supply journals and art supplies to segregation inmates. GBCI starts to provide Title 1 education in segregation. OSCI expands group programming in segregation and develops a local Conditions of Confinement Committee. 2014 March 2014: Three DAI staff attended an NIC training program in Colorado regarding the management of high risk segregated populations. Subsequently the program participants shared elements of the NIC program with the Secretary and DAI Administrator, including new ideas and recommendations. CCI adds radio broadcasts to the DS1 segregation tiers. April 2014: Conditions of Confinement Committee recommended a change in practice to allow for inmates in Observation status to shower. The recommendation was approved by the DAI Administrator. April 2014: WCI began the use of a digital video recorder for problematic inmates when out of their cell to reduce false allegations. The practice appeared to reduce false allegations. April 2014: DOC started plans for another segregation workgroup to follow up on the 2005 Segregation Report and set goals for future years. May 2014: Secretary Wall’s communication to DOC staff regarding the DOC’s use of Restrictive Status Housing (RSH). Secretary directs the establishment of a Secretary’s RSH Workgroup that he will be a member of and it will be chaired by a Maximum Security Institution Warden and the head of Psychological Services. June 2014: A revised version of DOC 303 is promulgated and set for implementation on January 1, 2015. Changes included a more rapid response to misconduct and more careful consideration of mitigating factors. DOC 303 training emphasizes sanctions that are alternatives to RSH as well as the appropriate use of Temporary Lock Up. Administrative Code DOC 308 regarding Administrative Confinement is now in the revision process. June 2014: DAI Administrator provided direction to wardens to make further efforts to minimize direct releases from RSH to the community. Options included accelerating step programs, developing transitional units and/or considering transfers to facilitate pre-release programming. June 2014: Draft Step program policy is revised and updated to new terminology. Additional work will be completed to create a standardized set of guidelines for step down units throughout the DOC. June 2014: CCI provides TVs and radios to Step 2 inmates in DS2 unit as part of a treatment plan initiated by Psychological Services staff. June 2014: RYOCF increases treatment staff rounding for RSH inmates and continues use of Carey Brief Interventional Tools that allow inmates to progress through step status more quickly. June 2014: OSCI improves on-site supervisory coverage on 2nd shift in the RSH unit by changing work hours of a Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 14 Lieutenant. June/July 2014: Max security RSH units begin to develop and implement an orientation for inmates entering RSH. Orientation includes basic expectations, ways to earn greater privileges and earlier release, and what programming is available. July 2014: DAI Administrator reiterated expectation regarding self-harm behaviors - no writing Conduct Reports for self-harm. This includes conduct reports for ripping a sheet, covering windows, etc. during the process of attempting self-harm/suicide. July 2014: WCI pilots pocket cameras in RSH to prevent false allegations against staff and better document interactions in RSH. July 2014: FLCI installs additional clocks in RSH unit, starts distribution of mind exercise activities, starts to research group programming options. July 2014: GBCI starts a “Cage Your Rage” group in RSH. August 2014: Aftercare program funded by DHC/WRC begins on-site programming at WCI, GBCI and CCI. August 2014: RSH workgroup has its first meeting. Assignments from this meeting include development of guidelines for base penalties, enhancers and mitigating factors, staff rotation in RSH units, and use of TLU. September 2014: JCI to fully launch “RSH Re-entry” and “Stepping Stones” programs. November 2014: Special Handling module in WICS 4.0 is scheduled to go online. It contains, among other things, a central database of the medical and mental health needs and restrictions for inmates, including those in RSH, allowing front-line officers easier access to information that is relevant to their management, and treatment of inmates. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 15 DAI POLICY 303.00.01 CHAPTER 303 DISCIPLINE SUBJECT: DISCIPLINARY GUIDELILNES – MAJOR PENALTIES The Division of Adult Institutions shall utilize the inmate disciplinary process to assist with the rehabilitation of inmates and promote responsible behavior by imposing dispositions proportionate to the offense(s) and corrective in nature. REFERENCES DAI Policy 303.72.01 – Establishing Restitution for Disciplinary Dispositions DAI Policy 500.70.04 – Psychological Input to Security Decisions Wisconsin Administrative Code DOC 303 Wisconsin Administrative Code DOC 304 (Secure Work Crews) Wisconsin State Statutes s. 53.11 or 53.12, 1981 Stats. Wisconsin State Statutes s. 302.113(3) DEFINITIONS, ACRONYMS, AND FORMS Building confinement - Confinement to the building in which the inmate resides. DAI – Division of Adult Institutions DOC – Department of Corrections DOC-3509 – Psychology Input for Security Decisions Major offense – Violation of a disciplinary rule for which a major penalty may be imposed. Minor offense –Violations of a disciplinary rule that is not a major offense under DOC 303.71, or which the Security Director has not classified as a major offense. PSU – Psychological Services Unit Recreation privileges - Sports and leisure activities outside the cell, either on grounds or off grounds. Reprimand – An oral statement to an inmate addressing the inmate’s behavior when the inmate is found guilty of an offense. Restitution - Payment to reimburse any person or organization which has incurred expenses or sustained loss by reason of the inmate’s violation of ch. DOC 303 or the violation of ch. DOC 303 by those with whom the inmate acted. Restrictive Status Housing (RSH) – (formerly known as Segregation) A secured housing unit where inmates are separated from the general population and privileges and property are limited. PROCEDURE I) Purpose of discipline: Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 16 A) B) C) D) E) To rehabilitate inmates and prepare them for future success by enhancing their ability to live with others within the rules. To maintain order in correctional facilities. To maintain a safe setting for inmates to participate in programs. To promote the fair treatment of inmates. To develop and maintain respect for authority, the correctional system, and for our system of government through fair treatment of inmates. II) Use of Discipline A) To correct misbehavior through use of the lowest level of discipline necessary. B) To apply discipline in a manner that promotes pro-social behaviors and fosters compliance with DOC order and rules. C) To conform the discipline to the offense and the corrective goal. III) Conduct Reports A) Not all violations of DOC rules require an employee to write a conduct report. Under any of the following conditions, employees may inform the inmate that the inmate’s behavior violates the rules, discuss the inmate’s behavior, offer an informal resolution, and give a warning: 1) The inmate is unfamiliar with the rule. 2) The inmate has not violated the same or a closely-related rule within the previous year, regardless of whether or not a conduct report was issued. 3) The inmate is unlikely to repeat the offense if warned and counseled. 4) Although the inmate’s acts were a technical violation of a rule, the purposes of this chapter would not be served by writing a conduct report in the particular situation. B) DOC staff shall write a conduct report if an inmate commits a major offense listed under s. DOC 303.71. C) DOC staff shall not write a conduct report for behavior directly related to self-harm or self-harm attempts as determined by PSU. (e.g. disfigurement, alteration of state property or misuse of medication). IV) Minor Penalties A) DOC staff shall employ minor dispositions when appropriate to correct inmate misconduct. Minor dispositions are limited to one or more of the following penalties: 1) Reprimand. The hearing officer or supervisor shall only record the reprimand if no other penalty is given. 2) Loss of recreation privileges. Recreation privileges may be suspended for a period of time as follows: a) 1 to 60 days for inmates in the general population. b) 1 to 8 days for inmates in disciplinary separation. 3) Building confinement. During the period of confinement, the inmate may not leave the building without specific permission. The warden may authorize movement to other areas, including religious services, medical appointments, showers, and visits. Building confinement may be imposed for a period of 1 to 30 days. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 17 4) 5) 6) 7) 8) V) Room or cell confinement. During the hours of confinement, the inmate may not leave the inmate’s assigned living area without specific permission. The warden may authorize movement to other areas, including attendance at religious services, medical appointments, showers, and visits, if these must occur during the hours of confinement. Room or cell confinement may be imposed for a period of 1 to 15 days. Loss of privileges. One or more privileges may be suspended for a single offense and may include: a) Use of inmate electronics. b) Phone calls. c) Participation in off-grounds activities. d) Eating meals in the dining area. e) Canteen privileges. f) Other specified privileges. g) Specified privileges may be suspended for a period of time as follows: i) 1 to 60 days for inmates in general population. ii) 1 to 8 days for inmates in disciplinary separation. Assignments without pay. An inmate may be required to work or attend school for up to 80 hours without pay. Work assignments under this provision may be in addition to current assignments. Restitution. a) Full or partial restitution may be imposed as a penalty. Restitution may include: i) The replacement cost of property. ii) The expenses for medical goods and services. iii) The costs of apprehending, holding, and returning an escaped inmate or inmates. iv) The costs of investigation of the violation of this chapter. b) Restitution may be taken from an inmate’s account or from any other assets of the inmate. If the inmate has insufficient assets to pay the ordered restitution in full at the time of the hearing, his or her obligation to pay the restitution shall remain in full force and effect until the time it has been paid in full. c) Transfer to another institution, release from incarceration, or release from custody of the department shall not terminate the inmate’s obligation to pay ordered restitution. d) When the amount of restitution is unknown at the time of the hearing, the hearing officer may impose an estimated maximum restitution amount. If the actual amount of restitution is less than the estimated amount, only the actual amount shall be assessed. e) Restitution may not exceed the estimated amount. Secure work crews. The hearing officer may give uncompensated secure work crew assignments under ch. DOC 304 as a minor disciplinary sanction to inmates. Major Penalties A) A major disposition must include one or more of the following and may include one or more of the penalties under s. DOC 303.70 (minor penalties): Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 18 1) B) Extension of release date for inmates under one of the following: a) Loss of good time for an inmate who is eligible for credit under s. 53.11 or 53.12, 1981 Stats. b) Extension of the mandatory release date for an inmate who is eligible for mandatory release under s. 302.11, Stats. c) Extension of extended supervision date for an inmate who is eligible for release under s. 302.113 (3), Stats. d) Disciplinary separation under s. DOC 303.73. e) Room or cell confinement of 16 to 30 calendar days. f) Loss of recreation privileges for more than 60 calendar days for inmates in the general population. g) Loss of out of cell recreation privileges for more than 8 calendar days for inmates in disciplinary separation. h) Building confinement for more than 30 calendar days. i) Loss of specific privileges for more than 60 calendar days for inmates in the general population. j) Loss of specific privileges for more than 8 calendar days for inmates in disciplinary separation. The use of maximum penalties must be reserved for severe cases of misconduct. VI) Use of Restrictive Status Housing (RSH) - Disciplinary Separation - Major disposition considerations A) The supervisor or hearing officer shall consider non-RSH options prior to imposing disciplinary separation. B) The supervisor or hearing officer must reserve use of disciplinary separation for offenses that create a serious threat to life, property, staff, or other inmates, or to the security or orderly operation of the institution. C) The supervisor or hearing office shall impose the shortest duration of placement necessary to effect the desired results. D) The institution shall notify the inmate within 24 hours of placement of the behaviors and actions required to successfully transition to a less-restrictive setting. E) The hearing officer or supervisor shall consider alternative options to RSH for inmates with serious mental illness (mental health classifications 2A, 2B, ID). F) Staff shall refer inmates with serious mental illness (mental health classifications 2A, 2B, or ID) who receive a major conduct report, and inmates who engage in self-harm behavior, to PSU staff for completion of a DOC-3509 to assist with determination of mitigating factors. This process is described in DAI policy 500.70.04. G) Each facility shall have a structured, progressive management process that provides an opportunity for inmates to progress through a privilege level based on program participation, behavior, and appropriate interactions with staff. Inmates shall be notified of the process as noted above. VII) Guidelines for the use of Disciplinary Separation (DS) A) DS shall be imposed as a penalty only if all non-RSH penalties are not reasonable or have been ineffective in correcting behavior. B) DS shall be imposed only upon an act of serious misconduct. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 19 C) D) E) F) G) Base penalties may be enhanced or mitigated due to the various factors outlined in section IX and X. The hearing officer/supervisor shall recommend the level of discipline to the Security Director who shall approve or modify the recommendation. The Deputy Warden shall approve any discipline resulting in a disposition greater than 120 days. The Deputy Warden shall approve all proposed extensions of Mandatory Release/Extended Supervision (MR/ES), and only upon a determination of a serious infraction. Violations of criminal statues may be referred for prosecution. VIII) Extension of Mandatory release or Extended Supervision date guidelines: Use of extension of mandatory release or extended supervision shall only be used if permission is given from the Deputy Warden and only in the most severe violations. Penalties shall follow progression and guidelines as noted in 303.72 (6), (7) as applicable. IX) Base Penalties for Major infractions (DS only) OFFENSES Major Violation Penalty in Days (DS Base) OFFENSES AGAINST BODILY SECURITY DOC 303.11 DOC 303.12 DOC 303.13 DOC 303.14 DOC 303.15 DOC 303.16 DOC 303.17 DOC 303.18 DOC 303.19 Assault Aggravated assault Assault on employee Sexual conduct Sexual contact or intercourse Sexual assault Sexual assault-aggravated Threats Stalking 0-90 0-90 0- 90 0-30 0-60 0-90 0-90 0-60 0-60 OFFENSES AGAINST INSTITUTIONAL SECURITY DOC 303.20 DOC 303.21 DOC 303.22 DOC 303.23 DOC 303.24 DOC 303.25 DOC 303.26 DOC 303.27 Endangering safety Inciting a disturbance Participating in a disturbance Taking a hostage Group resistance and petitions Cruelty to animals Escape Disguising identity 0-30 0-90 0-60 0-90 0-60 0-30 0-60 0-60 OFFENSES AGAINST ORDER DOC 303.28 DOC 303.29 DOC 303.30 DOC 303.31 DOC 303.32 DOC 303.33 DOC 303.34 DOC 303.35 DOC 303.36 Disobeying orders Disrespect Soliciting an employee Lying Lying about an employee Disruptive conduct Unauthorized forms of communication False names and titles Enterprises and fraud Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans 0-30 0-30 0-90 0-30 0-60 0-60 0-30 0-30 0-30 Page 20 OFFENSES AGAINST PROPERTY DOC 303.37 DOC 303.38 DOC 303.39 DOC 303.40 DOC 303.41 Theft Damage or alteration of property Misuse of state or federal property Unauthorized transfer of property Counterfeiting and forgery 0-30 0-30 0-30 0-30 0-30 CONTRABAND OFFENSES DOC 303.42 DOC 303.43 DOC 303.44 DOC 303.45 DOC 303.46 DOC 303.47 DOC 303.48 Possession or use of money or negotiable instruments Possession of intoxicants Possession of intoxicant paraphernalia Possession, manufacture or use of weapons Possession of tobacco Possession of contraband—miscellaneous Possession of electronic communication or data storage devices DOC 303.49 Unauthorized use of the mail 0-30 0-60 0-60 0-60 0-30 0 0-60 0-30 MOVEMENT OFFENSES DOC 303.50 DOC 303.51 DOC 303.52 DOC 303.53 DOC 303.54 Punctuality and attendance Loitering Leaving assigned area Being in an unassigned area Entry into another inmate’s assigned living area 0 0 0-60 0-60 0-60 OFFENSES AGAINST SAFETY AND HEALTH DOC 303.55 DOC 303.56 DOC 303.57 DOC 303.58 DOC 303.59 Improper storage Dirty assigned living area Poor personal hygiene Misuse of medication Disfigurement 0 0 0 0-30 0-30 MISCELLANEOUS OFFENSES DOC 303.60 DOC 303.61 DOC 303.62 DOC 303.63 DOC 303.64 DOC 303.04 DOC 303.05 DOC 303.06 X) Use of intoxicants 0-60 Gambling 0-30 Refusal to work or attend school 0 Inadequate work or school performance 0 Violating conditions of leave 0-60 Conspiracy Same as most serious of planned offenses Attempt Same as for the completed offense Aiding and abetting Same as for the substantive offense Mitigating Factors A) The factors listed below may be considered in determining appropriate levels of discipline: 1) PSU input (attach DOC-3509). 2) Motivation for offense. 3) Misconduct occurred while in Observation status. 4) Documented history of mental illness. 5) Inmate stopped the misconduct when directed by staff. 6) Low misconduct history in the last 12 months. 7) Inmate accepts responsibility of the misconduct. 8) Inmate participation in programming/treatment. 9) Misconduct appears to be an isolated incident (showing no pattern or relation to Security Threat Group {STG}). 10) Victim of incident. 11) Inability to complete act. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 21 12) 13) 14) 15) Intent. Custody Level. Attitude towards offense or victim. Other factors. XI) Enhancers A) The factors listed below may be considered in lengthening disposition beyond the maximum base penalties listed in section VIII: 1) Seriousness of injuries to others (ER trip/hospital cost, significant exposure, etc). 2) Completed in public area (potential to spread). 3) More than one individual involved. 4) STG related. 5) Weapon(s) involved. 6) Risk to public. 7) Risk to staff. 8) Risk to other inmates. 9) The misconduct continued when directed to stop by staff. 10) The inmate has a history of committing the same or similar offense in the last 12 months. 11) The misconduct occurred during or to effect an escape attempt. 12) The misconduct involved attempting to bring contraband into the institution (drugs, money, cell phone). 13) Aggressor in incident. 14) Ability to complete act. 15) Property damage/value of property. 16) Level of participation in activity. 17) Intent. 18) Severity of actions. 19) Quantity of item (drugs, medications, alcohol, money, etc). 20) Impact of actions on others (, victim, staff, contractor, law enforcement, etc). 21) Custody level. 22) Attitude towards offense or victim. 23) Other factors. XII) Documentation A) The hearing officer/supervisor shall complete DOC-84 for all conduct report dispositions that include disciplinary separation. B) The DOC-84 shall contain: 1) A detailed description of the reasons for a finding of guilt. 2) Documentation of any mitigating or enhancing factors that were relied upon in determining a disposition. Penalty increases must be supported with a thorough explanation. C) The hearing officer/supervisor shall submit DOC-84 to the Security Director for review and approval or modification D) Staff shall provide a copy of DOC-84 to the inmate after Security Director approval. NOTE – Institution procedures will be necessary to address facility-specific limitations and restrictions related to minor dispositions. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 22 DAI POLICY 303.00.02 CHAPTER 303 DISCIPLINE SUBJECT: RESTRICTIVE STATUS HOUSING PROGRAM POLICY The DOC shall establish guidelines for restrictive status housing programs. Such programs shall provide inmates with opportunities and incentives to change their behavior and attitudes so that they may successfully return to a general population setting. REFERENCES Wisconsin Administrative Code s. DOC 303.73 – Disciplinary Separation Wisconsin Administrative Code s. DOC 303.74 – Controlled Separation Wisconsin Administrative Code s. DOC 306.05 – Protective Confinement Wisconsin Administrative Code s. DOC 308 – Administrative Confinement DAI Policy 309.20.03 – Inmate Personal Property and Clothing SIMP 46 – Restrictions and Security Precautions DEFINITIONS, ACRONYMS, AND FORMS DOC-30 – Review of Offender in Disciplinary Separation, or Administrative Confinement PSU – Psychological Service Unit RSH – Restrictive Status Housing (formerly known as Segregation) RSH Review Team – A multi-disciplinary group of individuals that meets weekly to review the status of inmates in RSH and make recommendations as to programming, step movement, and other issues. The team may be comprised of: Corrections Program Supervisor assigned to RSH, Security Supervisor assigned to RSH, Health Service Manager, Psychiatrist, Psychological Services Supervisor, Psychologist, Social Worker assigned to RSH, Program Escort Officer, and Security Sergeant assigned to RSH. The Warden shall designate one member to the group as chairperson. Complex cases, including those of great public interest, may involve central office representatives. PROCEDURE I. Each institution shall develop an RSH program that provides inmates with incentives to earn additional freedoms, privileges and property through a series of at least three program steps. A. Inmates in Step 1 shall be housed in the main unit for RSH. B. Inmates in Steps 2 and 3 shall be housed in the main unit for RSH or another unit designated for such placement. C. Additional Steps or programs may be developed depending on the needs of the facility. D. Inmates shall remain in each step of RSH for only as long as their level of risk warrants retention in that step. Determinations of risk shall be made on an individual basis. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 23 II. Step Requirements A. Step 1: An inmate may be placed in Step 1 upon their initial entry into RSH or returned to this step if they engage in conduct that results in a major sanction. Placement will be based on evaluation of risk, which includes violent or assaultive behaviors. An inmate will remain in this status until reviewed by the RSH Review Team. B. Step 2: An inmate may attain Step 2 as the result of acceptable behavior and attitude, or be assigned as initial placement if the committing offense is considered non-assaultive or a lower risk. C. Step 3: An inmate may attain Step 3 as the result of acceptable behavior and attitude while in Step 2. Inmates transferring from another facility at a similar level may also be placed at this step. The focus of Step 3 shall be to test readiness for a return to general population. D. Inmates may earn time off of their disciplinary separation sanction for each day they demonstrate positive behavior. In general, time earned shall be one day of the disciplinary separation sanction for every one day of positive behavior. E. Release from disciplinary separation may be accelerated based on program participation, demonstration of reduced risk and other factors as determined by the Warden. III. Programming and Participation A. Each facility shall develop programs for inmates to progress through the steps and gain additional freedoms, privileges and property. Features should include: 1. Behavioral incentives. 2. Self-help and in-cell programming. 3. Staff encouragement and constructive feedback. 4. Out-of-cell groups, counseling and programming. 5. Additional out-of-cell time for programming and activities for inmates with serious mental illness. IV. Intake A. Staff shall designate a step level for each inmate who receives disciplinary separation. B. Staff shall provide an orientation to the unit within one working day of placement in RSH, which outlines behavioral expectations and available programming. C. The RSH Review Team shall review all inmates placed in RSH who are in disciplinary sanction or administrative separation status. D. PSU staff shall review inmates with MH-2A, MH-2B, or ID codes within 1 working day of placement within RSH as outlined in DAI 500.70.01. V. Review of Separated Status A. The RSH Review Team shall place each inmate into one of four groups of a weekly review schedule to ensure that the inmate’s status, programming, and needs are reviewed at least every 30 days and documented on DOC30. The RSH Review Team and the Security Director shall forward review recommendations on the DOC-30 to the Warden/designee. The Warden may adjust steps or remove an inmate from RSH at any time. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 24 B. C. D. E. Upon review of inmate’s behavior, the RSH Review Team may promote or demote an inmate’s status any time prior to the 30-day review. All inmates are eligible to progress through the steps of an RSH Program. The rate of progression and/or release decisions may be influenced by any of the following factors: 1. Behavior, attitude and motivation. 2. Interaction with staff or inmates. 3. Program needs and participation. 4. Security classification and offense history. 5. Institution adjustment and conduct history. 6. Security risks to staff, inmates, facility or community. 7. Medical concerns. 8. Mental health concerns including psychological input. 9. Mitigating factors and any special circumstances. Security Supervisors and the RSH Unit Manager/Program Supervisor may immediately place inmates who display disruptive behavior or serious misconduct in a more restrictive step. Such changes should be reviewed by the RSH Review Team during the next meeting. Alternative sanctions may be imposed in lieu of more restrictive status, if appropriate. VI. Restrictions/Security Precautions A. Any inmate who exhibits threatening, violent, self-abusive, or serious disruptive behavior may be subject to security precautions and/or placed on restrictions as described in DAI xxx.xx.xx: Restrictions and Precautions. B. Precautions and restrictions shall be imposed at the lowest level in order to achieve the desired results. VII. Behavioral Action Plans A. Staff may develop behavioral action plans for RSH inmates who routinely exhibit behavior that cannot be adequately managed though existing step programs and practice. A multidisciplinary approach is needed with clear documentation of the rationale for the plan and the ability for the inmate to provide input or dispute any element of the plan. Plans must be limited in duration and allow for basic needs. VIII. Administrative Separation A. Administrative separation is an involuntary non-punitive status for confinement of inmates in a RSH area whose continued presence in general population poses a serious threat to life, property, self, staff or other inmates, or to the security of the institution. B. Inmates meeting this criteria may be referred for possible placement in administrative separation pursuant to DOC 308 of the Administrative Code and DOC Policy (DOC 308.00.01) DRAFT IX. Protective Confinement A. Inmates may be placed in protective confinement by the Security Director in accordance with DOC 306.05. The following guidelines shall apply to the management of inmates placed in protective confinement: 1. Inmates in protective confinement shall have privileges and property at least equivalent to privileges and property allowed to inmates in the Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 25 2. X. main RSH building. Additional privileges and property should be determined by what is ordinarily allowed inmates by the rules governing the location of the unit in which the inmate is protectively confined. The Security Director shall review placements in protective confinement at least every 90 days. DOC-30 reviews by the RSH Review Team shall be completed monthly. Property A. All requests on property matters must be in writing to the property officer. B. Unless specifically authorized, glass and/or metal materials shall not be allowed in any form in the RSH Unit. C. It should be noted that the property limits outlined below represent the standard minimum allowed property items. D. Based on the inmate’s behavior, further limitations may be imposed by the Security Director or designee. E. Any property item that has been repaired with tape shall not be allowed in any status. F. Step 1, Disciplinary Separation, TLU, Protective Confinement, and Administrative Confinement inmates housed in the restricted separation area need to review each of these with what has been agreed upon by conditions of confinement. 1. Hygiene and toiletry articles: Quantity *1 *1 1 *1 1 *1 *2 Unit Each Each Each Each Each Each Each Item Chapstick Conditioner Deodorant Shampoo Magi Shave Mild Skin Lotion Soap Description, If Applicable Per allowable Canteen Per allowable Canteen Per allowable Canteen Per allowable Canteen Per allowable Canteen Per allowable Canteen Per allowable canteen or State issue 1 2 Each Roll Soap Dish Toilet Paper 1 Each Toothbrush 2 1 Each Each Per allowable canteen State Issue (exchange one tube for new roll) per allowable canteen or State Issued Per allowable canteen, policy Per allowable canteen, policy Per allowable canteen, policy Dental Floss Toothpaste Related items for people with dentures. * Subject to institution policy. 2. Quantity 1 Writing Supplies: Unit Each Item Address Book Description, If Applicable 5”x5” maximum size Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 26 10 Per policy 10 2 25 Sheet Each Each Each Each 500 Each 3. Carbon Paper Envelopes Legal Envelopes Pen inserts Stamped or Blank Envelopes Paper, writing or typing Unit Item Legal Material 4 Each Books and Publications Each Personal Letters Religious Items Combination of state and personal 4. Canteen Reading Materials: Quantity 25 Per policy Canteen Canteen Canteen State Issued Not to exceed 25 Description, If Applicable Within fire-safety standards (20”x20”x20”) Per policy Minimum limit of four (4) b. Religious text is considered a personal publication. c. shall be soft cover only. d. permitted to exchange personal books from their stored personal property a minimum of every 30 days. e. Personal books shall be in addition to any books RSH inmates are allowed from the facility’s RSH library cart. f. Magazines and newspapers may be permitted in a RSH unit. When permitted, facilities shall develop procedures for distribution. g. Publications that contain contraband, or pose a security risk in a RSH unit shall not be delivered. Subject to review by institution Chaplin in accordance with DOC policy Miscellaneous: Quantity 1 1 Unit Each Each Item Comb or pick Cup 1 10 1 1 Each Each Each Pair Hairbrush Photographs Sleep mask Shower Thongs Description, If Applicable No handle State-Issued (unless physical plant has drinking fountain in cell) 6”, no handle, no metal No Polaroid’s Canteen Canteen Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 27 *1 Per policy Each Each 1 1 Each Each Calendar OTC medications/creams Eyeglasses TV 1 Each Radio 1 Each Fan 1 Earply/earbud Each 5. State issue Canteen/prescribed State issue or personal Per Institution Procedure/allowable step Per Institution Procedure/allowable step Per Institution Procedure/allowable step Per Institution Procedure/allowable step The following items shall be Officer controlled: Quantity 1 1 1 Unit Each Each Each *1 Each Item Fingernail Clipper Toenail Clipper Dental Floss Description, If Applicable With plastic pick removed (Do not issue with razor) StateIssue Razor or hair removal product *Subject to institution policy. 6. G. XI. Additional Canteen items such as food items will be allowed according to established canteen lists and limitations. Property Allowed for Inmates in Controlled Separation Status: The following shall be provided for each inmate in controlled separation status: 1. Adequate clothing, essential hygiene supplies, and nutritionally adequate meals while an inmate is acting in a disruptive manner. The institution shall maintain close control of all property. 2. Inmates in controlled separation status may receive and send mail. Correspondence materials may be provided if they do not pose a threat to anyone. No letters are permitted in controlled status, except those received while the inmate is in that status and legal materials. Inmate Property Step 2 and 3 A. Inmates in Step 2 may receive additional property items consistent with institution guidelines and designated building allowable property guidelines for their assigned living area. Increased privileges and availability of additional property may be impacted by physical plant construction or design. B. Inmates in Step 3 may receive additional property (i.e. electronics) consistent with institution guidelines, and designated building allowable property guidelines for their assigned living area. Step 3 should be considered a transitional phase intended to prepare an inmate for return into general population or a less-restrictive setting where possible. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 28 XII. Requirements in accordance with DOC ch. 303: A. The institution shall provide inmates in RSH all of the following: 1. Clean mattress. 2. Sufficient light by which to read at least 12 hours per day. 3. Sanitary toilet and sink. 4. Adequate ventilation and heating. B. NECESSITIES. The institution shall allow the following for each inmate in disciplinary separation, but the items need not be kept in the cell based on safety and security concerns as determined by the Warden: 1. Adequate clothing and bedding. 2. A toothbrush, toothpaste, soap, a towel, a face cloth, and a small comb. 3. Religious texts. 4. Nutritionally adequate meals. C. OTHER PROPERTY. The institution may allow inmates in disciplinary separation access to material pertaining to legal proceedings, law books, and other property allowed by department policy. D. VISITS AND TELEPHONE CALLS. The institution shall permit inmates in disciplinary separation visitation and telephone calls in accordance with ch. DOC 309. E. CORRESPONDENCE: 1. Inmates in disciplinary separation may receive and send first class mail in accordance with these rules and department policy, relating to mail. 2. Indigent inmates in disciplinary separation may, upon request, receive writing materials and postage in accordance with s. DOC 309.51 and department policy. F. SHOWERS. The institution shall allow inmates in disciplinary separation, observation status, subject to security reasons, and protective confinement to shower at least once every 4 calendar days. G. SERVICES AND PROGRAMS. The institution shall provide social services, psychological and medical services, program opportunities and an opportunity to exercise for an inmate in disciplinary separation, but the institution shall provide these services at the inmate’s cell, unless otherwise authorized by the warden. Out-of-cell exercise and programming is encouraged where resources and space allows. H. LEAVING CELL. Inmates in disciplinary separation may not leave their cells except as needed for urgent medical or psychological attention, showers, visits, recreation, and emergencies endangering their safety in the cell or other reasons as authorized by the warden. The warden may require inmates in disciplinary separation to wear mechanical restraints, as defined in s. DOC 306.02 (13), while outside their cells. I. RELEASE DATES. Release dates are not impacted by disciplinary separation. J. PAY. Inmates in disciplinary separation shall not earn compensation. K. CANTEEN. Inmates in disciplinary separation may have approved items brought in from the canteen but may not go to the canteen in person. L. SPECIAL PROCEDURES. Institutions: 1. Each RSH unit will have visiting procedures to meet the minimum standards outlined in DOC 309.09(4). Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 29 2. 3. Each RSH unit shall have procedures for phone call privileges consistent with DOC 309.39. Each institution may develop RSH unit procedures to include the availability of canteen items that may be used to promote progression through the step program. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 30 DAI POLICY 303.00.03 CHAPTER 303 DISCIPLINE SUBJECT: TEMPORARY LOCK UP (TLU POLICY The Division of Adult institutions shall have a process for temporary removal of inmates from general population whose presence may create a danger to the physical safety of others, create a disruption, impede an investigation, or create an escape risk. REFERENCES Wisconsin Administrative code s. 303.10- Temporary Lockup Use DEFINITIONS, ACRONYMS, AND FORMS DOC-67 – Notice of Offender Placed in Temporary Lockup DOC-68 – Review of offender in Temporary Lockup Mental Health Codes – Designation made by PSU staff in WICS that identifies inmates who are not on the mental health caseload (MH-0), on the mental health caseload but not with serious mental illness (MH-1), with serious mental illness (MH-2a or MH-2b), or intellectually disabled (ID). PSU – Psychological Services Unit Psychological Services Unit (PSU) Staff – Employees classified as Psychologist Supervisor, Psychologist-Licensed, Psychological Associate A or B, Crisis Intervention Worker, Psychological Services Assistant, Clinical Social Worker, or any other clinical classification that is directly supervised by Psychological Services. Temporary Lockup (TLU) - A temporary non-punitive status allowing an inmate to be separated from the general population pending further administrative action. PROCEDURE I. General Guidelines A. TLU placements shall be conducted in compliance with Wisconsin Administrative Code Ch. 303.10 and be accomplished with least restrictive means available to maintain order and safety. B. The institution may place or retain an inmate in TLU for one or more of the following reasons: 1. The inmate's presence in general population may create a danger to the physical safety of the inmate or another. 2. The inmate's presence in general population may be disruptive to the operation of the institution. 3. The inmate's presence in general population may impede a pending investigation or disciplinary action. 4. The inmate's presence in general population may create a risk that the inmate shall try to escape from the institution. 5. If the inmate completes disciplinary separation or administrative confinement and is awaiting placement at the appropriate security level or status. Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 31 C. D. E. F. G. H. I. A Security Supervisor, Security Director, Correctional Center Superintendent or Warden may place an inmate in TLU status. Staff making placement shall complete DOC–67 at the time of placement. On the form, staff shall identify: 1. Reason(s) for placement 2. Mental health code 3. The offender’s response 4. Location of TLU placement and Rationale for Location The Security Director/Designee shall review all TLU placements within two working days. 1. The review shall include consultation with PSU staff regarding placement and conditions of confinement if the inmate has a mental health code of MH-2A, MH-2B, or ID. If there is disagreement about placement or conditions, the matter will be referred to the Deputy Warden for decision. 2. Placement shall be continued only if less restrictive placements are not appropriate. 3. The Security Director will document reasons for ending or continuing TLU placement on the DOC-67. The Security Director shall review TLU placements at least every 7 days to determine whether TLU continues to be appropriate. If the placement is no longer necessary, the placement may be ended at any time. Inmates shall not remain in TLU more than 21 days, except that the warden may extend this period for up to 21 additional days. The DAI Administrator may extend an inmate's time in TLU for a second time. If an inmate is extended past 21 days, a written notice from the Warden/designee will be delivered to the inmate with a brief explanation of why an inmate’s TLU has been extended past 21 days. TLU time shall not be considered time served for disciplinary penalty purposes Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans Page 32 DEPARTMENT OF CORRECTIONS Division of Adult Institutions DOC-67 (DRAFT 11/19/14) WISCONSIN Administrative Rule Chapter DOC 303.11 NOTICE OF OFFENDER PLACED IN TEMPORARY LOCKUP OFFENDER NAME (Last, First, M.I.) PLACEMENT DATE PLACEMENT TIME M. DOC NUMBER INSTITUTION NAME CELL / UNIT NUMBER MAXIMUM DATE OF RELEASE FROM TLU NAME OF PERSON MAKING PLACEMENT (Check title) SECURITY SUPERVISOR SECURITY DIRECTOR / DESIGNEE WARDEN/SUPERINTENDENT MH-0 MH-1 MH-2B MH-2A ID REASON(S) FOR PLACEMENT Include facts upon which decision is based, alleged offenses if relevant, a description of the incident or situation that prompted the decision, and known, nonconfidential sources of information. LOCATION OF TLU PLACEMENT Restrictive Housing Unit RATIONALE FOR LOCATION GP Other OFFENDER'S STATEMENT This statement will be taken into consideration in the Security Director's initial review. For subsequent 7 -day reviews, you may write to the office of the Security Director to provide further information concerning the appropriateness of continued TLU placement.) OFFENDER HAS NO COMMENT OFFENDER REFUSES TO SIGN STATEMENT SIGNATURE OF OFFENDER DATE SIGNED TIME SIGNED M. I certify that the offender is being notified of his/her right to make a statement. The offender is making the above statement in my presence, has no comment, or refuses to sign the statement as indicated above. I am giving a copy of this notice to the offender at this time. SIGNATURE OF STAFF MEMBER DATE COPY GIVEN TO OFFENDER TIME SIGNED M. SECURITY DIRECTOR'S INITIAL REVIEW CONSULTED WITH PSU YES (required for MH code of 2A, 2B, or ID) NO DECISION Retain Offender in Temporary Lockup Release Offender from Temporary Lockup REASON(S) FOR DECISION: SIGNATURE OF SECURITY DIRECTOR Restrictive Status Housing in WI DOC-Current Status, Progress & Future Plans DATE REVIEWED Page 33