SOP 209.07: Segregation-Tier I_ Disciplinary, Protective Custody and Transient Housing

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`Facilities Operations`|`Reference Number: `
`IIB09-0002`
`(209.07)`|`Revises`
`Previous`
`Effective Date:`
`8/01/13`|
|`Subject:`
`Segregation - Tier I:`
`Disciplinary, Protective`
`Custody and Transient`
`Housing`|||
|`Authority:`
`Bryson/Jacobs`|`Effective Date:`
`04/30/15`|`Page``1`` of`
`13`|

I. POLICY:

   The Warden or Superintendent and their designee may place an
   offender in the Tier I Segregation Program in the following
   circumstances:

   A. The offender is noted as a threat to the safe and secure
      operation of the Facility;

   B. The offender is awaiting disciplinary hearing for a
      violation of Facility rules;

   C. The offender is the subject of an investigation regarding
      a serious violation of Facility rules or regulations;

   D. The offender is involved in incidents involving excessive
      destruction of state property;

   E. The offender is the subject of a pending criminal
      investigation or has a pending criminal charge and is
      awaiting trial in State of Federal Court;

   F. The offender requests admission to the Tier I Program for
      protective custody, or the staff determines that
      admission to or continuation in the Tier Segregation
      Program is necessary for the offender’s own protection;

   G. The offender is awaiting a pending transfer or is in
      holdover status during the transfer process; or

   H. The offender has not been classified due to their arrival
      at a Facility.

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II. APPLICABILITY:

   All State Prisons, County CIs, Private Prisons, Intensive
   Treatment Facilities, Transitional Centers, Probation
   Detention Centers, and Probation Boot Camp housing GDC
   offenders or probationers.

III. RELATED DIRECTIVES:

   A. GDC Rules: 125-3-1-.03, 125-3-2-.10 (e), 125-3-5-.06 (1).

   B. GDC SOPS:

      1. Function Area I:

         a. IK01-0006- Investigation of Allegations of
            Sexual Contact, Sexual Abuse, and Sexual
            Harassment of Offenders.

      2. Function Area II:

         a. IIA06-0001- Management of Inmates Diagnosed
            Positive for the HIV Antibody,

         b. IIA07-0006- Disciplinary Duty Officer,

         c. IIA07-0007- Post Orders,

         d. IIB01-0005- Visitation of Inmates,

         e. IIB01-0013- Searches, Security Inspections and
            Use of Permanent Logs,

         f. IIB01-0024- Inmate/Probationer Drug Testing,

         g. IIB02-0004- Disciplinary Isolation,

         h. IIB04-0001- Inmate/Probationer Mail and Receipt
            of Funds,

         i. IIB05-0001- Statewide Grievance Procedure,

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         j. IIB06-0002- Management of Inmate Property or
            Contraband,

         k. IIB08-0001- Use of Force and Restraint for
            Inmate Control,

         l. IIB08-0005- Stripped Cells and Temporary
            Confiscation of Personal Property,

         m. IIB12-0002- Inmate Boot Camp - Classification
            and Assignment,

         n. IIB15-0001- Intensive Therapeutic Program.

      3. Function Area IV:

         a. IVL01-0011- Food Service Staff,

         b. IVP01-0002- Training Registration Fee Requests.

      4. Function Area V:

         a. VA01-0011 Special Religious Request,

         b. VH01-0003 State Inmates in County Correctional
            Institutions,

         c. VH30-0008- Transcription of Medical Orders.

         d. VG40-0001: MH/MR Rounds in Isolation /
            Administrative Segregation Units

   C. ACA Standards: 3-4237, 3-4238, 3-4241, 3-4242, 3-4239, 3      4249, 3-4253, 3-4250, 3-4251, 3-4254, 3-4255, 3-4259, 3      4256, 3-4257, 3-4258, 3-4261, 3-4248, 3-4246 and 3-4247.

IV. DEFINITIONS:

   A. Classification Committee: For purposes of the Tier I
      Segregation Program, the Classification Committee will
      consist of the Unit Manager, Tier I OIC, assigned
      counselor and as applicable, the assigned mental health
      counselor.

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   B. Tier 1 Segregation Program: Program for the involuntary
      and voluntary placement and management of offenders in
      short-term segregated housing.

V. ATTACHMENTS:

   Attachment 1: Tier I Program 96 Hour Segregation Hearing
            Report

   Attachment 2: Tier I Program Offender Assignment to
            Segregation Memo

   Attachment 3: Tier I Program Assignment Appeal Form

   Attachment 4: Tier I Program Segregation/Isolation Checklist

   Attachment 5: Tier I Program 30 Day Review Form

   Attachment 6: Tier I Program 30 Day Review Appeal Form

VI. PROCEDURE:

   NOTE: Use the “Tier I Assignment to Segregation” memo,
   Attachment 2, to document each offender assignment to the Tier
   I Program whether the assignment was voluntary or involuntary,
   whether a hearing was held and the offender has a rebuttal.
   Use the “Tier I Segregation Hearing” form, Attachment 1, to
   record the events of the hearing.

   NOTE:  Per SOP VH30-0009 (Health Evaluation of
   Inmates/Probationers in Segregation/Disciplinary Isolation),
   upon placement of an offender in segregation, correctional
   staff will notify a medical provider as soon as possible. An
   in-person physical assessment is not required unless review of
   the health record or communication from the officer indicates
   that the offender may have a health condition that requires an
   immediate evaluation, or a use of force has occurred. In the
   event of a use of force a complete health evaluation will be
   conducted in accordance with VH30-0011 (Examination Following
   Use of Force).

   A. Voluntary Assignment to the Tier I Segregation Program:
      An offender may request placement in the Tier I Program
      for protective custody.

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   1. The offender should submit the request in writing.
      The request must explain why the offender needs
      protective custody, and it should list who the
      offender thinks might hurt him/her, if known.

   2. The Warden/Superintendent or designee will review
      the request. If the request has merit, the offender
      will be placed in Tier I protective custody.

   3. The investigation will include an interview with the
      offender. The notes of the interview will be
      retained in a secure area apart from the offender’s
      Facility/Center file.

   4. If the Warden/Superintendent or designee determines
      that the result of the investigation does not
      justify protective custody, the offender may be
      returned to the general population.

   5. The Warden/Superintendent or designee will attempt
      to institute alternative means to resolve the
      problem presented by the offender.

   6. Double bunking of offenders in protective custody
      status shall occur only in emergency situations and
      only with the recommendation of the Facility’s
      Classification Committee. This recommendation shall
      be approved by the Facility’s Warden. This approval
      shall not exceed 72 hours. Offenders housed in this
      manner beyond the 72-hour time limit must be
      approved in writing by the Director of Facilities
      Operations or his/her designee.

B. Involuntary Assignment to Tier I Segregation Program:
   Subsequent to an involuntary assignment of an offender to
   the Tier I Program, the Warden/Superintendent shall
   ensure the Classification Committee holds a formal
   hearing within ninety-six (96) hours after the offender
   is placed in the Tier I Program. (Refer to Attachment 1)

   1. The offender will be provided a copy of the Tier I
      Assignment Memo (Attachment 2) stating the reason(s)
      why the offender is being placed in the Tier I
      Program at the time of placement.

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   2. For the initial Tier I Program hearing, the offender
      may request that an employee who is on duty,
      represent the offender by being the offender’s
      advocate at the initial Tier I Program hearing. The
      offender may also request that witnesses be called
      on his/her behalf and the Classification Committee
      will have the discretion to call these witnesses.

C. Assignment by Supervisor: In the absence of the
   Warden/Superintendent, the senior officer present, with
   the notification and approval of the Facility/Center duty
   officer, may place an offender in the Tier I Program for
   a period not to exceed seventy-two (72) hours. The
   Warden/Superintendent shall be notified of this action as
   soon as he/she returns to the Facility/Center.

D. Process for Placement in Tier I Program: The following
   conditions must be met prior to an offender being placed
   in the Tier I Program for any of the reasons set forth in
   Section I: POLICY of this SOP:

   1. Placement in the Tier I Program is driven by an
      offender’s behavior. Examples include but are not
      limited to: an offender who receives a disciplinary
      report (DR) of High and/or Greatest severity;
      presents a danger to staff’s and offenders’ safety;
      or poses a threat or is disruptive to the integrity
      of institutional management. Such assignment shall
      be fully documented as to the necessity of
      placement. The documentation shall also identify the
      date on which the initial Tier 1hearing occurred and
      shall identify the facts offered in rebuttal at the
      hearing by the offender.

   2. The offender may submit reasons, in writing, to the
      Classification Committee at the time of such
      hearings regarding the offender’s continued
      assignment to the Tier I Program. A record of each
      hearing shall be maintained by the Classification
      Committee.

   3. Completion of the Tier I Program is dependent upon
      the offender’s ability to abide by all of the rules
      and regulations in the Inmate Discipline Policy to

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      include: being “inspection ready” during the
      Warden’s/Superintendent’s rounds; to be courteous
      and respectful of all Facility staff; to cease all
      disruptive behaviors including verbal threats and
      gestures toward  staff and other offenders; and to
      fulfill/complete all instructions issued by staff.

   4. The offender can exercise his right to due process
      by appealing the assignment to Tier I Program by
      submitting written objections (via attachment 3) to
      the Warden/Superintendent within three (3) business
      days from receipt of the notice. The offender must
      include detailed information as to why he/she is
      appealing the assignment. The offender will submit
      his/her appeal to his/her assigned counselor, for
      processing with the Tier I Program Unit Manager’s
      office.

      a. The Warden/Superintendent will complete the
         review of the offender’s appeal. This review
         must be completed within ten (10) business days
         upon receipt of the appeal.

      b. The Warden’s/Superintendent’s final decision
         will be sent to the respective Field Operations
         Manager.

E. Conditions of the Tier I Program: The basic level of
   conditions described below applies to the Tier I Unit:

   1. Cells shall be well ventilated, adequately lighted,
      appropriately heated and maintained in a sanitary
      condition at all times. All cells shall be equipped
      with beds which may be securely fastened to the wall
      or floor.

   2. Cell occupancy, except in emergency, shall not
      exceed design capacity. When an emergency requires
      excess occupancy, a report shall be prepared
      immediately and delivered to the
      Warden/Superintendent for review and corrective
      action.

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3. Each offender shall be provided the same
   opportunities for personal hygiene available to the
   general population, except that an offender may be
   limited to showering and shaving three (3) times per
   week.

4. Visiting and correspondence privileges accorded to
   general population shall be allowed to offenders in
   Tier I Program (see SOP IIB01-0005). No restrictions
   shall be placed upon an offender’s contact with
   courts or legal counsel. Protective custody and
   disciplinary segregation offenders shall in general
   have the same rights to visitation as general
   population offenders unless this is not feasible.
   Non-feasibility must be documented. An example would
   include offenders with documented assaultive and
   destructive behavior.

5. Food provided to offenders in the Tier I Program
   shall be the same quality and quantity as that
   provided in the general population.

6. All cells must be equipped and furnished in a manner
   consistent with cells designated as Tier I cells.

7. An offender shall normally be assigned all of his or
   her personal property contingent upon the security
   needs of the unit.

8. Offenders shall continue to receive the services of
   a counselor. Offenders may participate in such
   educational, vocational and/or rehabilitative
   programs as can be provided within the confines of
   the Tier I Program Unit, contingent upon the
   security needs of the unit.

9. Offenders may order items from the commissary but
   will be limited to the equivalent of $60.00 of
   commissary items. Items from the commissary may be
   withheld if determined by the Correctional
   Supervisor to be a threat to the security of the
   Tier I Program Unit.

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   10. Exercise periods shall be available for a minimum of
      five (5) hours per week, with at least one (1) hour
      per day on five days. This exercise shall be outside
      the cells, unless security or safety considerations
      dictate otherwise. (See SOP VE01-0004).

F. Unit Inspection: Monitoring of the unit shall be
   conducted on a regular basis. Monitoring will enable
   responsible officials to observe and evaluate conditions
   of confinement and communicate with confined offenders.
   These monitoring visits shall be conducted in accordance
   with the following schedule:

   1. The correctional shift supervisor in charge will
      conduct visits once each shift.

   2. Health Care officials will conduct an initial
      medical round or visit within the first 24 hours
      after placement and then at a minimum of three times
      a week excluding weekends and holidays at State
      Facilities/Centers; and at least once every 72 hours
      at County Correctional Facilities/Centers.

   3. A Psychologist or Psychiatrist will visit when
      requested by staff or as described in the MH policy.

   4. Chief of Security / Unit Manager (if applicable)
      will conduct daily visits excluding weekends and
      holidays.

   5. General Population Counselor/Mental Health Counselor
      will conduct visits at a minimum of once per week.

   6. The Deputy Warden/Assistant Superintendent will
      conduct visits at least once each day, excluding
      weekends/holidays.

   7. The Warden/Superintendent will conduct visits at
      least twice per week.

   8. The Institutional Duty Officer will conduct visits
      daily.

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   9. Documentation of rounds - It shall be the
      responsibility of each individual to document in the
      appropriate colored ink, so as to provide a clear
      record of whom has visited the segregation unit.
      Wardens and Supervisors shall document in red ink.
      Health Care staff shall document in green ink.
      Counselors shall document in blue ink and Officers
      shall document in black ink. This documentation is
      for the sign in log and all the Tier I Program flow
      sheets.

G. Warden’s/Superintendent’s Review of Offenders Assigned to
   the Tier I Program: Following assignment to the Tier I
   Program, the offender’s counselor shall review the
   offender’s well-being and mental status every seven (7)
   days, and report his/her findings to the
   Warden/Superintendent and summarize this report in a
   Scribe case note. The counselor need not convene a formal
   hearing for this review and report, since this
   constitutes a review of the offender’s status for the
   Warden/Superintendent only.

H. Classification Committee’s Review of the Tier I Program:

   1. The Classification Committee shall conduct a 30 Day
      Review of all offenders in the Tier I Program.
      (Refer to Attachment 5) The Classification Committee
      shall consider the original reason(s) for
      segregating an offender and his/her behavior during
      segregation. Each review shall include an evaluation
      of the offender’s disciplinary file. The review is
      to determine if the offender will:

      a. Remain in the Tier I Program;

      b. Return to General Population; or

      c. Be assigned to the Tier II Program:
         Administrative Segregation.

   2. For offenders assigned to the Tier I Program, the
      length of time cannot exceed thirty (30) days from
      the date of assignment, to include investigation and
      disciplinary isolation time. The only exceptions

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      are offenders who are in voluntary protective
      custody or involuntary protective custody status.

      The offender can pursue his due process rights by
      appealing his/her continued assignment in Tier I
      Program and submit written objections (via
      attachment 6) to the Warden/Superintendent within
      three (3) business days from receipt of the notice.
      The offender must include detailed information as to
      why he/she is appealing the assignment. The
      offender will submit his appeal to his assigned
      counselor, for processing with the Tier I Unit
      Manager’s office.

I. Staff Assignments: The staff of the unit shall be
   selected carefully and regularly evaluated by the
   supervisory personnel. The Warden/Superintendent shall
   ensure staff is provided a special orientation and
   training as to the function of the unit, rules governing
   its operation and the needs and problems typical of
   offenders in the unit. The orientation and training must
   be documented. Specialized departmental training will be
   developed to support this.

J. Permanent Logs: Permanent logs shall be maintained by the
   Correctional Officer on duty. The record shall include:

   1. A record of all admissions and releases including:

      a. Date of action.

      b. Time of action.

      c. Reason for admission or release.

      d. Authorizing official or committee.

   2. A record of all official visits from staff to
      include: name, time, date and signature.

   3. Notations of observations of unusual occurrences or
      behavior.

   4. Site medical observations/visits and the medical
      staff conducting the visit.

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K. Accountability Log: The dorm or housing unit officer will
   maintain an accountability log accurate to the minute,
   making it possible to give accountability of the
   whereabouts of each offender assigned to the dorm/housing
   unit. This log shall include cell/room number, bed
   number, offender name, offender number, race, in or out
   time, assignment of offender and destination of offender.

   1. The accountability logs shall be printed daily after
      1800 hrs, once all daily scheduled offender moves
      have been completed in both SCRIBE and the offender      housing unit. All unscheduled offender movement
      will be hand written by the assigned dorm officer on
      the accountability log with all information recorded
      as is on the printed log to include: the cell/room
      number, bed number, race, in or out time, assignment
      of the offender, and destination of the offender.
      Accountability logs will be distributed daily by the
      third shift supervisor/designee.

L. Individual Records: Individual records shall be
   maintained for each offender in Tier I Program to provide
   documentation of an offender’s daily activities. Use the
   “Tier I Segregation/Isolation Checklist” (Attachment 4)
   of this SOP. This record shall:

   1. Be completed daily with 30 minute documented checks.
      The 30 minute checks should be documented when they
      occur, not at the end of the shift ( “gang” entries
      shall never be permitted on any of the Tier I
      Segregation/Isolation forms) .

   2. Contain a record of all activity such as bathing,
      exercise, medical visits, program participation, and
      religious visits.

   3. Be signed by the officer in charge of each shift.

   4. Cite medical observations/visits.

   5. Include comments of unusual occurrences or behavior.

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      6. Be filed in accordance with GDC Rule 125-3-1-.10(e).

   M. Release: Release from Tier I Program may be authorized by
      the Warden or Superintendent or his or her designee.
      Document date and time in the logbook if an offender is
      to be released back to general population or assigned to
      Tier II Program: Administrative Segregation. If the
      offender requests to return to general population from
      voluntary segregation (protective custody), the
      offender’s request shall be placed in the same file with
      offender’s initial request for protective custody.

VII. RETENTION SCHEDULE:

   A. Attachment 1 – Tier I 96 Hour Segregation Hearing Report
      of this SOP will become part of the offender’s case
      history file and will be retained according to the
      official records retention schedule of that file.

   B. Attachment 2 – Tier I Segregation Offender Assignment to
      Segregation Memo of this SOP will become part of the
      offender’s/probationer’s case history file and will be
      retained according to the official records retention
      schedule of that file.

   C. Attachment 3 – Tier I Assignment Appeal Form of this SOP
      will become part of the offender’s/probationer’s case
      history file and will be retained according to the
      official records retention schedule of that file.

   D. Attachment 4 – Tier I Segregation/Isolation Checklist of
      this SOP will become part of the offender’s/probationer’s
      case history file and will be retained according to the
      official records retention schedule of that file.

   E. Attachment 5 - Tier I 30 Day Review Form of this SOP will
      become part of the offender’s/probationer’s case history
      file and will be retained according to the official
      records retention schedule of that file.

   F. Attachment 6 – Tier I 30 Day Review Assignment Appeal Form
      of this SOP will become part of the
      offender’s/probationer’s case history file and will be

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retained according to the official records retention
schedule of that file.