Section 72-1-008 - DISCHARGE AND REENTRY PLANNING008.01PROTOCOLS FOR INMATE DISCHARGE AND REENTRY TO THE COMMUNITY.008.01(A) The intent of these rules and regulations is to conduct extensive reviews and identify potential discharge risks and needs, as well as ongoing needs for community support, services, oversight, and continuity of care post-release to reduce the risk of recidivism.008.01(B) Evidence-based assessment tools shall be used pursuant to Neb. Rev. Stat. 83-180.008.01(C) Preparation of comprehensive and individualized reentry plans shall begin immediately after an inmate's arrival in NDCS pursuant to Neb. Rev. Stat. 83-1,107(4). 008.01(C)(i) Reentry plans shall be developed pursuant to Neb. Rev. Stat. 83-1,107.008.01(C)(ii) All reentry plans and reviews shall take into account the individual's needs, risk to reoffend, history of violent behaviors prior to and while in NDCS, perceived underlying reasons for behaviors, motivation to change, and behavior that raises concern for community safety as release approaches, as identified by evidence-based risk and needs assessment tools.008.01(D) For inmates identified as an extreme risk to others and/or the community, local law enforcement officials shall be notified prior to the inmate's discharge.008.02DISCHARGE PLANNING FOR INMATES IDENTIFIED AS HAVING A MENTAL ILLNESS008.02(A) All inmates with serious mental illness and/or a history of serious violence/sex offenses shall be reviewed by the NDCS discharge review team and/or sex offender services prior to their release to the community from all levels of security. Specialized reentry plans shall be developed for inmates who have been identified as having serious mental health conditions or as seriously mentally ill (See NDCS Policy 115.33).008.02(B) The discharge review team shall also review all inmates who have been housed in acute or chronic mental health housing in a 180 day period before their release, or who are housed in acute or chronic mental health housing until their discharge.008.02(C) Formal referrals shall be made for those inmates for whom mental health board commitment or a sex offender commitment seems appropriate and most likely to facilitate a secure and safe transition from NDCS custody. (See NDCS Policy 115.33.) (Neb. Rev. Stat. 83-1,107 (5)(c)008.03DISCHARGE PLANNING FOR INMATES WITH RECENT STAYS IN RESTRICTIVE HOUSING.008.03(A) In all cases possible, inmates shall not be released directly from restrictive housing to the community.008.03(B) If an inmate is already assigned to or placed in restrictive housing 120 days prior to their scheduled release, the MDRT Chair shall be notified. The MDRT Chair shall contact the facility to discuss appropriate steps to assess risk and conduct release planning consistent with safety within the facility and in the community.008.03(C) Strategic reentry and discharge protocols shall be implemented prior to release to the community, with the goal of returning all inmates who were in restrictive housing to the general population, mission-specific, and behavioral focused housing prior to that release.008.03(D) Transitional general population housing, designed to help inmates transition from restrictive housing, based on individualized risk and needs assessments shall be used to prepare individuals for a return to a less restrictive and more interactive security level. 008.03(D)(i) Transfer to transitional housing will depend on the individual's level of readiness, safety and security considerations, and assessments, reviews, and decisions by the MDRT.008.03(D)(ii) The standard for risk shall be measured against the fact that the inmate shall be returning to the community (with the exception of those with life sentences).008.03(E) All discharges from restrictive housing shall involve an ongoing coordinated effort from facility unit staff, behavioral health staff, social workers, parole administration, and reentry staff to develop specialized reentry plans for any inmate with a stay over 60 days in restrictive housing 150 days before their release.72 Neb. Admin. Code, ch. 1, § 008
Amended effective 5/11/2022