Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p304.asc

Text File | 1993-08-01 | 52KB | 1,125 lines

training of young adult offenders, as defined in Section 6.05,
providing, if need be by separate units, for diversified security
and custody;

     (e) a medical-correctional facility to keep prisoners with
difficult or chronic medical and psychiatric problems, which, if
the number of persons committed to the Department reaches  ], is
a separate institution;

    (f) one or more institutions for female prisoners committed
to the Department, providing, if need be by separate units, for
diversified security and custody;

    (g) one or more state misdemeanant institutions for
misdemeanants committed to the Department [for an extended term],
providing, if need be by separate units, for diversified security
and custody].

    (3) When the Director of Correction finds that certain
classes or categories of persons committed to the Department
require specialized treatment, or treatment of a kind that it is
not feasible to provide within the state correctional system, the
Director of Correction shall seek to place such prisoners in
institutions providing such treatment in another jurisdiction,
and may agree to pay reimbursement therefor. A prisoner so
transferred to an out-of-state institution shall be subject to
the rules and regulations of such institution concerning the
custody, conduct and discipline of its inmates, but shall remain
subject to the provisions of this Code concerning his term,
reduction of term for good behavior, and release on parole.



304.3. Central Prisoner File; Treatment, Classification

and Reclassification in Institutions

    (1) The Warden or other administrative head of a
correctional institution shall establish and maintain, in
accordance with the regulations of the Department, a central file
in the institution containing an individual file for each
prisoner. Each prisoner's file shall include: (a) his admission
summary; (b) his pre-sentence investigation report; (c) the
report and recommendation of the Reception Classification Board;
(d) the official records of his conviction and commitment as well
as earlier criminal records, if any; (e) progress reports and
admission-orientation reports from treatment and custodial staff;
(f) reports of his disciplinary infractions, and of their
disposition; (g) his parole plan, prepared in accordance with
Section 305.7; and (h) other pertinent data concerning his
background, conduct, associations, and family relationships. Each
prisoner's file shall be carefully reviewed before any decision
is made concerning his classification, reclassification, or
parole release. The content of the prisoners' files shall be
confidential and shall not be subject to public inspection except

by court order for good cause shown and shall not be accessible
to prisoners in the institution.

    (2) The Warden or other administrative head in each
correctional institution shall appoint a Treatment Classification
Committee with himself or his representative as chairman, and
consisting of representatives of the treatment, custodial, and
parole services, of medical, psychiatric or psychological
personnel, of personnel concerned with the education and
vocational training of inmates, and of such other persons as he
may designate. Members of the Treatment Classification Committee
shall serve at the pleasure of the Warden or other administrative
head.

    (3) When a prisoner is transferred to a correctional
institution from a reception center or from any other
institution, the Classification Committee of such receiving
institution shall, within [two] months of receiving the prisoner,
study his presentence investigation report, his criminal history
and escape record, if any, the report of the Reception
Classification Board, the admission-orientation reports of the
custodial and treatment officers of the institution, the
attitudes and preferences of the prisoner, and such other
relevant information as may be available in the prisoner's file
or from other sources and shall aid the Warden or other
administrative head of the institution in determining the
prisoner's program of treatment, training, employment, care and
custody.

    (4) The Classification Committee, or a subcommittee thereof
designated by the Warden or other administrative head, shall
review the program of each prisoner at regular intervals and
whenever a member of the Committee so requests, and shall
recommend to the Warden such changes in the prisoner's program of
treatment, training, employment, care and custody as it considers
necessary or desirable.

    (5) Approximately [three] months before a prisoner will be
considered by the Board of Parole for release on parole, the
Classification Committee shall re-examine the prisoner's
individual file, shall prepare a report summarizing and
evaluating the prisoner's progress, and may recommend to the
Warden or other administrative head (a) that the prisoner be
reclassified for pre-parole preparation at that institution or at
another institution after transfer thereto or (b) that the
prisoner's reclassification for pre-parole preparation be
postponed, for a definite or indefinite period of time, stating
the reason for such recommendation in the record.  A copy of the
Classification Committee's report shall be forwarded to the Board
of Parole and shall be available to such Board in advance of the
prisoner's hearing before the Board of Parole.

    (6) The Warden or other administrative head of the
institution shall have final authority to determine matters of
treatment classification within his institution and to recommend
to the Director of Correction the transfer of any prisoner.



304.4.  Segregation and Transfer of Prisoners with Physical or
Mental Diseases or Defects

    (1) When an institutional physician finds that a prisoner
suffers from a physical disease or defect, or when an
institutional physician or psychologist finds that a prisoner
suffers from a mental disease or defect, the Warden or other
administrative head may order such prisoner to be segregated from
other prisoners, and if the physician or psychologist, as the
case may be, is of the opinion that he cannot be given proper
treatment at that institution, the Warden or other administrative
head shall recommend to the Director of Correction that such
prisoner be transferred for examination, study and treatment to
the medical-correctional facility, if any, or to another
institution in the Department where proper treatment is
available.

     (2) The Warden or other administrative head in each
correctional institution shall appoint a Treatment Classification
Committee with himself or his representative as chairman, and
consisting of representatives of the treatment, custodial, and
parole services, of medical, psychiatric or psychological
personnel, of personnel concerned with the education and
vocational training of inmates, and of such other persons as he
may designate. Members of the Treatment Classification Committee
shall serve at the pleasure of the Warden or other administrative
head.

    (3) When a prisoner is transferred to a correctional
institution from a reception center or from any other
institution, the Classification Committee of such receiving
institution shall, within [two] months of receiving the prisoner,
study his presentence investigation report, his criminal history
and escape record, if any, the report of the Reception
Classification Board, the admission-orientation reports of the
custodial and treatment officers of the institution, the
attitudes and preferences of the prisoner, and such other
relevant information as may be available in the prisoner's file
or from other sources and shall aid the Warden or other
administrative head of the institution in determining the
prisoner's program of treatment, training, employment, care and
custody.

    (4) The Classification Committee, or a subcommittee thereof
designated by the Warden or other administr