CG 05 Inmate Classification

Version 1.4 by Ryan Larkin on 2020/04/27 19:15

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CG

Inmate Management

Chapter: 05

Inmate Classification

Replaces and/or Supersedes:

PG 10, PG 11, PG 12a, PG 12b, PG 12c, PG 12d, PG 15, PG 20, PG 22,

PG 23, CG 05 Review 2011-09-01

Published:

09/01/2011

Date Reviewed:

04/27/2020

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CG 05_101  Definitions

CG 05_102  References

CG 05_103  General

CG 05_104  Supervision & Training

CG 05_105  Non-Punitive

CG 05_106  Pre-Classification

CG 05_107  Classification

CG 05_108  Classification Code

CG 05_109  Classification Review

CG 05_110  Housing

CG 05_111  Classification Challenges

CG 05_112  Inmate Uniforms

CG 05_113  Utah State Prisoners

CG 05_114  Documentation

CG 05_115  Classification of Records

CG 05_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. Corrections Officer:  A Corrections certified officer by Utah Peace Officer Standards and Training.
  4. ICE:  Immigration and Customs Enforcement
  5. Administrative Segregation:  Non-punitive segregation determined by administrative review.
  6. Step-Down:  A type of Administrative Segregation. A temporary down-grade of an inmate's classification level, in conjunction with close administrative review.

CG 05_102  REFERENCES

  1. Immigration and Customs Enforcement Standards:
    1. 5.
  2. Utah Sheriffs' Association Jail Standards:
    1. D02.01.01:  Written Classification Policies and Procedures Required
    2. D02.02.01:  Designated Classification Officer
    3. D02.02.02:  Classification Training
    4. D02.03.01:  Classification Function
    5. D02.03.02:  Classification is Non-Punitive
    6. D02.03.03:  Scope of Classification Plan
    7. D02.03.05:  Classification Reassessment
    8. D02.03.06:  Inmate Requests for Reconsideration of Classification
    9. D02.04.01:  General Classification Criteria Requirements
    10. D02.04.02:  Classification Criteria: Race
    11. D02.04.03:  Classification Criteria: Gender
    12. D02.04.04:  Classification Criteria: Violent Inmates
    13. D02.04.05:  Classification Criteria: Communicable Disease
    14. D02.04.06:  Classification Criteria: Security Threat Groups
    15. D02.05.01:  Documenting Classification
    16. D02.05.02:  Classification of Records
    17. K01.01.01:  Written Inmate Surveillance Policies and Procedures Required
    18. K01.01.02:  Content: Surveillance
    19. K01.02.02:  Operational and Surveillance Requirements
    20. K02.01.02:  Content: Capacity

CG 05_103  GENERAL

  1. Policy:
    1. PCF shall maintain written policy and procedures which provide the requirements for and elements of an inmate classification plan to:
      1. Be used in determining housing assignments, access to programs and activities, and general management of inmates; and
      2. Provide for the separation of inmates by sex and by such other factors as may reasonably provide for the safety and well-being of inmates and the community.
    2. The classification plan shall take into consideration the design of the jail and shall identify the classification levels which can be housed in various cells and cell blocks. Classification procedures should be developed to offset the facility's design disadvantages or flaws.
    3. At a minimum, the classification system shall provide a means of:
      1. Evaluating inmates':
        1. Propensity for violence;
        2. Vulnerability to violence;
        3. Escape risk;
        4. Propensity for being disruptive or a management problem;
        5. Need for specific programs and services;
        6. Possible gang affiliation;
        7. Potential for infecting other inmates with a communicable disease; and
        8. Other needs to be segregated from others;
      2. Determining:
        1. Appropriate levels of custody and housing assignments; and
        2. Eligibility for programs and services.
    4. Components which shall be included in the classification plan include:
      1. Pre-classification;
      2. Classification;
      3. Re-assessment (a.k.a., Classification Review);
      4. Security threat groups;
      5. Other inmates requiring special management;
      6. Non-punitive isolation; and
      7. Transfers of Utah State prisoners.
    5. Applicable content and procedures regarding classification shall be communicated to inmates in a language or manner which the inmates can understand. Classification shall utilize translation services when necessary. The Inmate Orientation Packet shall include an explanation of the classification levels, with the conditions and restrictions applicable to each and the procedures by which a detainee may appeal his/her classification.
  2. Rationale:
    1. Written policies and procedures are necessary to ensure that staff members understand the purpose, function, and elements of the inmate classification system.
    2. Adoption and implementation of written policy for the classification of persons incarcerated in jail is also required by statute.
    3. Classification is an important tool in managing inmates, providing a safe facility, and preventing inmates from escaping. Without some form of classification process, jail administrators face a very difficult challenge in meeting these important functions.

CG 05_104  SUPERVISION & TRAINING

  1. Policy:
    1. PCF shall designate an officer to supervise the classification system.
    2. The classification supervisor should:
      1. Be responsible for reviewing classification, re-classification, and special housing assignments;
      2. Have the authority to overrule classification actions; and
      3. Handle inmate classification challenges and grievances.
    3. The classification supervisor may utilize the assistance of other staff members, as approved by the Corrections Chief Deputy.
    4. The classification supervisor may have other duties and responsibilities.
    5. Classification training should be provided for those officers who are involved in the classification process. Advanced classification training should be provided to the classification supervisor.
    6. All classification officers shall be certified Corrections Officers.
    7. All classification officers shall receive annual training and shall receive specific instruction on the PCF classification system.
  2. Rationale:
    1. Designating an officer to administer the classification system is necessary to ensure that the classification process operates in a consistent and uniform manner and makes it more difficult for inmates to manipulate the system.
    2. Classification is the backbone of inmate management and a necessary component in maintaining safety and security in the facility. To understand the function and important elements of the classification system, training is needed concerning procedural requirements. The responsibility of supervising the classification process requires more advanced training including procedural, legal, documentation, and operational topics.

CG 05_105  NON-PUNITIVE

  1. Policy:
    1. The inmate classification system shall be operated as a non-punitive management system, separate and distinct from inmate discipline. However, disciplinary violations may be included among the criteria used in classifying and reclassifying inmates.
  2. Rationale:
    1. If the classification process is operated as a non-punitive system, separate and distinct from the punitive inmate discipline system, classification decisions do not trigger due process requirements for inmates.

CG 05_106  PRE-CLASSIFICATION

  1. Policy:
    1. Pre-classification procedures shall be managed according to policy: CF 02 Admission and Booking.

CG 05_107  CLASSIFICATION

  1. Policy:
    1. Unclassified inmates should be classified expeditiously upon admission (within seven days) and prior to general housing (i.e., housed in an intake cell or block).
    2. Any inmate who cannot be classified because of missing information at the time of processing (e.g., the results of a criminal record check) may be kept separated from the general population. Once the needed information is obtained, classification shall be expedited.
    3. PCF shall adopt specific criteria to be used in classifying inmates. That criteria should include, but not be limited to:
      1. Gender;
      2. Age;
      3. Offense;
      4. Criminal history;
      5. Time until release;
      6. Observed, seriously irregular behavior; and
      7. If known or obvious to jail officials:
        1. Communicable disease;
        2. Seriously mentally or emotionally disordered;
        3. Escape history;
        4. Violence history;
        5. Drug abuse history;
        6. Association with security threat group;
        7. Disciplinary history; and
        8. Disruptive behavior history.
    4. Race shall not be used as a criteria to segregate inmates.
    5. Inmates shall be segregated by gender. Male and female inmates shall be housed in a manner which:
      1. Does not permit inmates to routinely view the living areas (cells and day rooms) of inmates of the opposite gender; and
      2. Prevents routine verbal conversation between male and female inmates.
    6. Inmates known by jail officials to be a serious risk to commit violent acts against others should be segregated, or other reasonable measures should be taken to mitigate the risk.
    7. Inmates who present a serious risk of infecting other inmates with a communicable disease should be segregated, if deemed necessary by medical authority.
  2. Rationale:
    1. The classification factors listed above may, individually or in combination, have some value as predictors of an inmate's behavior while incarcerated.
    2. Some factors have greater value than others.
    3. Using race as a criteria to segregate inmates has been found to violate the United States Constitution. However, corrections officials do have the right, acting in good faith and in particularized circumstances, to take into account racial tensions in maintaining security, discipline, and good order.
    4. Separation of male and female inmates is required by state law. It is not intended that male and female inmates shall be absolutely separated by sight and sound. Separation is required only to the extent necessary to protect inmates and to further the legitimate safety, security, order, and discipline interests of the jail.
    5. Inmates are entitled to precautions which provide reasonable protection from other inmates who present a known, serious, and immediate risk to their lives or safety. Jail officials cannot absolutely guarantee the safety of jailed inmates, but must take reasonable steps to protect inmates' safety. Jail officials must not be deliberately indifferent to the safety of inmates.
    6. Jail officials have a difficult and sometimes impossible task because they cannot act upon information which they do not have, nor can they assume that every inmate who has ever committed a violent act is a serious or immediate risk to others (the majority of inmates have some violence in their criminal history or other past).
    7. Jails are closed environments where inmates and staff coexist in close proximity. Preventing the spread of communicable disease may require segregation of inmates when the type of disease is sufficiently serious and contagious.

CG 05_108  CLASSIFICATION CODE

  1. Policy:
    1. Inmates will be classified with an alphanumeric classification code (e.g. 1A, 1, 3, 4, 5, 5A).
    2. Classification levels include levels one through five, with one being the highest security risk.
  2. Rationale:
    1. A classification system allows jail staff to address multiple issues with one classification code per inmate (e.g., housing assignments, programming privileges, permitted property, etc.).

CG 05_109  CLASSIFICATION REVIEW

  1. Policy:
    1. Classification reviews should be conducted, at a minimum, according to the following schedule:
      1. Administrative Segregation (including Step-Down, security threat groups, non-punitive isolation, and other special management inmates): at least once per week;
      2. When new criminal charges are filed;
      3. Lock Down:
        1. After lock down time is completed for violent offenses, the inmate should remain on step down status with a Level-1 classification for an additional 30 days and noted on the Special Housing List (i.e., "SDLV-1”). After 30 days as SDLV-1, the inmate's status should be changed to SDLV-2 for another 30 days. After 30 days as SDLV-2, the inmate should receive a classification review and be housed accordingly;
      4. Level-1, and Level-2: at least once every 180 days;
      5. Level-3 and higher: at least once every year.
    2. An inmate should not receive a classification review after non-criminal disciplinary action.
    3. Additional reviews may be conducted as needed.
  2. Rationale:
    1. Predicting inmate behavior is a difficult and imprecise science. Often, officers must base classification decisions on limited information. Regular classification reviews will help ensure accurate classification determinations.
    2. In prisons, officials can take days or weeks to classify a prisoner, and have pre-sentence investigations and other information to rely on. The nature of inmate classification in jails requires decisions to be made swiftly, frequently with limited available information. Thus, while prisons can function comfortably with annual classification re-assessments, jails should review more frequently.

CG 05_110  HOUSING

  1. Policy:
    1. Level1 inmates may not be housed with any other level of inmate unless approved by the Special Housing Committee or the Chief Deputy.
    2. Excluding Level1 inmates, inmates may be housed with inmates one level above or one level below their assigned level.
    3. Inmates housed in a cell shall be allowed time out of their cell according to the current Time Out Of Cell schedule. Inmates housed in a cell shall be informed of their scheduled out of cell times. A log entry should be created in the jail computer system under the individual inmate's name to record each time out of cell event.
  2. Rationale:
    1. A classification system serves little purpose if it is not used as a housing tool in order to help protect inmates and provide order.

CG 05_111  CLASSIFICATION CHALLENGES

  1. Policy:
    1. Inmates may be allowed to request reconsideration of their classification assignment by submitting a Classification Challenge form.
    2. Inmates may be permitted one classification challenge per classification determination.
    3. A classification challenge will not guarantee a change in the classification assignment; however, it will guarantee that a classification review will be conducted.
  2. Rationale:
    1. Due process is not constitutionally mandated for classification or re-classification determinations, unless a right is created by state action. Utah statute does not create a liberty interest which would require due process or a right of appeal for inmates. However, providing an opportunity for inmates to request reconsideration of their classification can be of benefit to both the inmate and jail officials. Inmates benefit by receiving an opportunity to request a review of a classification determination. If there is a flaw in the classification, jail officials benefit because the flaw can be discovered and corrected before it creates problems for the jail.

CG 05_112  INMATE UNIFORMS

  1. Policy:
    1. Each inmate shall be issued color-coded uniforms according to their classification level or housing unit as follows:
      1. “1A” threat status: solid red;
      2. Lockdown status: red stripes;
      3. Level 1: red stripes;
      4. Level 2: black stripes;
      5. Level 3, Level 4, Level 5 (interior) and Level 5A (interior): blue stripes;
      6. Level 5 (exterior) and Level 5A (exterior): green stripes;
      7. Unclassified: orange stripes;
      8. Interior worker (while at work): solid white;
      9. Exterior worker (while at work): solid “lime” green.
  2. Rationale:
    1. Staff may easily identify an inmate's classification according to the inmate's current uniform. An inmate's classification informs staff of the potential threat level of the specific inmate. By assisting staff with the identification of potential threats, staff may be better prepared to manage the inmate or possible situations involving the inmate.

CG 05_113  UTAH STATE PRISONERS

  1. Policy:
    1. Unless a PCF administrative override is conducted, Utah State prisoners shall retain their classification level assigned from the prison.
    2. PCF should only accept custody of Utah State prisoners who have been classified as a Level-3 or higher.
    3. If a Utah State prisoner's classification falls below Level-3 while housed at PCF, the prisoner shall be promptly transferred from PCF.
  2. Rationale:
    1. Utah State prisoners who are classified below a Level-3 are deemed too dangerous or too high of a risk to be housed at PCF.

CG 05_114  DOCUMENTATION

  1. Policy:
    1. Classification determinations shall be documented in the jail computer system.
    2. Classification files and/or forms used to reach a classification determination shall be retained and archived for a minimum of three years.
  2. Rationale:
    1. Proper documentation memorializes actions taken and decisions made.
    2. Inmate classification actions and decisions should be documented to preserve a record:
      1. As an aid to defending possible future litigation;
      2. To provide information which jail officials can use in order to stay informed;
      3. For use in future classification actions involving the inmate; and
      4. To provide data which can be quantified for use by jail officials.

CG 05_115  CLASSIFICATION OF RECORDS

  1. Policy:
    1. Classification files shall be classified as "controlled" or "protected" under the Governmental Records Access and Management Act (GRAMA).
  2. Rationale:
    1. Failure to classify the files as "controlled" or "protected" as required by GRAMA may make them accessible to the press, general public, and inmates.
    2. Files can ordinarily be classified as "controlled" because disclosure of information contained in the classification documents may be detrimental to the safety of the person who disclosed the information or other individuals.
    3. Files can be classified as "protected" because disclosure of information contained in classification documents could reasonably be expected to:
      1. Interfere with investigations undertaken for enforcement purposes;
      2. Disclose the identify of a source who is confidential and could compromise the source;
      3. Disclose investigative techniques, procedures, policies, or orders not generally known outside of government and disclosure would interfere with enforcement efforts;
      4. Jeopardize the life or safety of an individual;
      5. Jeopardize the security of government property, governmental programs, or governmental record-keeping systems from damage or use contrary to law or public policy; or
      6. Jeopardize the security or safety of a correctional facility, or records relating to incarceration, treatment, probation, or parole; that would interfere with control and supervision of an offender's incarceration, treatment, probation, or parole.