DATE: 01 March II. CANCELLATION: Policy Directive , dated 01 January 2011

Transcription

1 STATE OF WEST VIRGINIA DIVISION OF CORRECTIONS POLICY DIRECTIVE NUMBER: DATE: SUBJECT: Accelerated Parole Program AUTHORITY: WV Code & I. POLICY: It is the policy of the West Virginia Division of Corrections (WVDOC) to maintain a mechanism that ensures that appropriate institution/facility/center written policy, procedure, and practice provide eligible inmates the opportunity to participate in the Accelerated Parole Program as outlined and described within the contents of this policy. II. CANCELLATION: Policy Directive , dated 01 January 2011 III. DEFINITIONS: Accelerated Parole Program: As used within this Policy Directive, that process by which a statutorily eligible inmate having completed the necessary rehabilitation and programming may be presented to the Parole Board for parole consideration aside from their ordinary parole hearing date and, if granted, supervision on parole. Felony Crime of Violence Against a Person: As used within this Policy Directive, felony offenses set forth in Article 2, 3-e, 8-b or 8-d of Chapter 61 of the West Virginia Code. Felony Offense Where the Victim was a Minor Child: As used within this Policy Directive, any felony crime of violence against the person and any felony violation set forth in Articles 8-a, 8-c, or 8-d of Chapter 61of the West Virginia Code wherein the victim was a minor child. Inmate Release Programs: As used within this Policy Directive, those programs provided by the Division of Corrections and the Department of Education which are designated to enable inmates to re-enter society as productive citizens. Standardized Risk Assessment: As used within this Policy Directive, a battery of assessments used to develop an inmate s program plan. Incarceration: For the purposes of this policy, incarceration is used according to the IMIS (Inmate Management Information System) definition. For example, if an inmate has a -01 suffix to his/her DOC# that is considered his/her first incarceration. Original Parole Eligibility Date: Inmate s first parole hearing date during a specific incarceration as set by the West Virginia Parole Board.

2 Page 2 of 5 Next Parole Hearing Date: Inmate s subsequent hearing dates as set by the West Virginia Parole Board after having been considered for parole at least once during a specific incarceration. Institutional Parole Officer (IPO): For the purposes of this policy, the abbreviation IPO should be used interchangeably with Case Supervisor if the institution/facility/center in question uses those employees to perform parole hearing related functions. IV. APPLICABILITY: All institutions/facilities/centers within the WVDOC, excluding Anthony Correctional Center insofar as it houses non-parole eligible inmates. V. PROCEDURE: A. Each institution/facility/center shall implement the Accelerated Parole Program into their respective inmate release programs. This program shall be administered by the institution/facility/center Institutional Parole Officer (IPO). B. Institution/Facility/Center Responsibilities: Each institution/facility/center shall ensure that their respective inmate programs include all components necessary to provide inmates the opportunity to successfully complete his/her program plan. 1. The inmate s Case Supervisor shall ensure a program plan for an inmate is constructed in which the primary focus is one that focuses on weak areas identified by a standardized risk assessment. Specific time frames within the program plan shall also be established during this assessment and as guided by the WVDOC Case Management Manual. 2. The only exception to this requirement shall be in regards to a Residential Substance Abuse Treatment (RSAT) Program. In the event an inmate s successful completion of an RSAT Program is recommended, he/she shall be transferred to an institution/facility/center appropriate to his/her custody level that is operating an RSAT Program if the inmate desires to participate in such a program. C. Eligibility: The Accelerated Parole Program shall be made available to any inmate with a Classification Custody Level of II (Minimum) or I (Community) having a parole eligibility date, excluding any inmate serving a Life with Mercy sentence or an Habitual Life sentence. Additionally, this program shall not be available to any inmate to which one (1) or more of the following may apply: 1. Static Factors: Factors that are set at sentencing that will not change during an inmate s incarceration: a. Is serving a sentence for, or has a prior criminal conviction for, a felony crime of violence against a person.

3 Page 3 of 5 b. Is serving a sentence for, or has a prior felony offense, involving the use, presentment, or brandishing of a firearm. c. Is serving a sentence for, or has a prior felony offense, where the victim was a minor child. d. Is serving a sentence for more than one (1) felony for a controlled substance offense for which the inmate is serving a consecutive sentence. e. Is serving an offense for which there is a mandatory notification period under W.Va. Code Section f. Is presently incarcerated due to a parole revocation for a new felony conviction as is set forth pursuant to WV Code (h). 2. Dynamic Factors: Factors that could change during an inmate s incarceration, such as the following: a. Is currently assigned to Punitive Segregation or Administrative Segregation as a result of disciplinary action. b. Has received a guilty finding from a Correctional Hearing Officer or pled no contest or guilty to a Class I or Class II Rule Violation within one-hundred and twenty (120) days prior to his/her application. c. Has an Original Parole Hearing date that is greater than six (6) months from the date of application. d. Is not in 100% compliance with program recommendations determined to be required by the inmate s IRPP. An inmate is only in compliance if he/she is enrolled in and actively participating in all required programs. D. Application Process: Any inmate who wishes to participate in the Accelerated Parole Program must meet all eligibility requirements as described in Section V-C and shall submit an Application for Accelerated Parole (Attachment #1). The application shall be submitted to the institution/facility/center IPO. The IPO should review any application within fifteen (15) days of receipt. 1. Once the application is reviewed and it is determined that the applying inmate has met the criteria for participation in Section V-C of this Policy Directive, the IPO shall forward the application to the Warden/Administrator. If the inmate does not meet the criteria, the IPO will not forward the application to the Warden/Administrator and will notify the inmate. 2. The Warden/Administrator shall cause a review of all records which evidence the inmate s eligibility for participation in the program together with the

4 Page 4 of 5 institutional history of the applicant. The Warden/Administrator shall also cause a review of the standardized risk assessment results, eligibility criteria, and any and all other reports and/or assessments that may be pertinent. If the Warden/Administrator has any knowledge of facts that may not be apparent from documentation in the inmate s Central Office file or from documentation provided to the Parole Board in the course of reviewing the inmate, the Warden/ Administrator shall cause the same to be submitted to the Parole Board prior to the inmate s parole hearing. This should be done simultaneously with the submission of the inmate s application to the Commissioner. 3. If the inmate does not meet the criteria as set forth in Section V-C of this policy, the Warden/Administrator will not forward the application to the Commissioner and will notify the inmate. 4. If the inmate meets the criteria set forth in Section V-C of this Policy, the Warden/Administrator shall submit the same to the Commissioner who shall cause a final review of the application and documents submitted by the Warden/ Administrator. a. Upon final confirmation that the inmate meets the eligibility requirement, the Commissioner/designee will affix a final confirmation on the inmate s application and return the original application to the Warden/Administrator who shall notify the inmate and ensure the same is provided to the IPO for the inmate. b. The Warden/Administrator shall likewise provide final notification to the Parole Board in the manner set forth in Section V-E below. 5. If the final review does not result in confirmation that the inmate is eligible, the application shall be rejected and returned to the Warden/Administrator. E. Certificate of Completion 1. Providing that the inmate remains free of being found guilty of a Class I or Class II Rule violation, the inmate s or the institution/facility/center s IPO shall complete and submit the inmate s Pre-Parole Report in accordance with the procedures outlined within WVDOC Policy Directive Parole Release Plan. 2. In the event the inmate receives a guilty finding from a Correctional Hearing Officer for a Class I or Class II Rule Violation within one-hundred and twenty (120) days of his/her potential release date, the inmate will be disqualified from accelerated parole and cannot re-apply for Accelerated Parole for sixty (60) days.

5 Page 5 of 5 3. Report to the Parole Board F. General Provisions a. In cases where there has been no prior parole hearing for which the inmate was denied parole, the IPO shall forward to the West Virginia Parole Board a report (Attachment #2) evidencing the inmate s confirmation for the Accelerated Parole Program for review and scheduling of the inmate s parole review hearing no earlier than ninety (90) days from his/her original parole hearing date. The Warden/ Administrator shall also cause any comments or additional information to be provided at this time. In so doing, the Warden/Administrator must note that such information will potentially be disclosed to the inmate by the Parole Board. b. For instances where the inmate has received a prior parole hearing for which the inmate was denied parole, the IPO shall forward to the West Virginia Parole Board a report (Attachment #2) evidencing the inmate s approval for the Accelerated Parole Program to be considered by the Parole Board at the subsequent parole hearing as may be scheduled by the Board. The Warden/Administrator shall also cause any comments or additional information to be provided at this time. In so doing, the Warden/Administrator must note that such information will potentially be disclosed to the inmate. 1. For the purpose of this policy, successful completion shall be considered as maintaining one-hundred percent (100%) adherence and completion of all recommended programs. 2. An inmate will only be presented to the Parole Board for a hearing for accelerated parole one (1) time per incarceration. If parole is denied, he/she will not be eligible to re-apply. 3. It must be noted that Attachment #3 is a sample form that will be utilized (or a similar form) by the West Virginia Parole Board. APPROVED SIGNATURE: Jim Rubenstein, Commissioner Date

6 Attachment #1 West Virginia Division of Corrections Application for Accelerated Parole Inmate s Full Name: Last First Middle Inmate s WVDOC No.: Current Institution/Facility/Center: Application Date: I, (Print Full Name), am hereby submitting this request to the Commissioner of the Division of Corrections for consideration for my acceptance into the Accelerated Parole Program. By virtue of this application, I acknowledge that I will successfully complete my program plan prior to my parole hearing if accepted into this program and granted accelerated parole. I further understand that I cannot complete my IRPP in full until I am housed in a WVDOC institution/facility/center. I also understand and agree to abide by any stipulations assigned by the Commissioner that may be required for my acceptance into this program. I further represent that I have read and reviewed the criteria for participation in the Accelerated Parole Program and that I affirmatively represent that my conduct, criminal history, and all other aspects of my background meet the requirements of this policy. I further understand that if this statement is determined to be false, I am subject to discipline under Policy Directive Discipline of Inmates. Signature of Inmate and WVDOC# Witness Signature of IPO Printed Name of IPO This section to be completed by the Institutional Parole Officer (IPO). Inmate s Original PED: Inmates Next Hearing Date: Inmate s MDD: 1. Has the inmate been found guilty of any Class I or Class II Rule Violation in the past one-hundred and twenty (120) days prior to this application? Yes No 2. Does the inmate meet the minimum eligibility standards for this program as set forth in Section V-C of WVDOC Policy Directive ? Yes No Signature of IPO Date Printed Name of IPO NOTE TO IPO: ATTACH A COPY OF THE INMATE S CURRENT PROGRAM PLAN TO THIS APPLICATION. This section to be completed by the Warden/Administrator. IPO s work reviewed and confirmed by Warden/Administrator: If ineligible, do not forward to Commissioner, return to IPO and Inmate. Signature of Warden/Administrator Date: This section to be completed by the Commissioner of Corrections. IPO s work reviewed and confirmed by Commissioner/Designee: Comments: Signature of Commissioner/Designee: Date: Original: Warden/Administrator for copying and distribution as set forth in policy. Copy: Central Office File

7 West Virginia Division of Corrections Certification of Acceptance into the Accelerated Parole Program Policy Directive Attachment #2 To: West Virginia Parole Board From:, Institutional Parole Officer Date: Re: Acceptance into the Accelerated Parole Program This is to certify that, having successfully met all requirements of Policy Directive Accelerated Parole Program, the Commissioner of the Division of Corrections has confirmed the below-listed inmate is eligible for the Accelerated Parole Program. Inmate s Full Name: Last First Middle Inmate s WVDOC Number: Current Institution/Facility/Center: Inmate Attached are the following reports/documents for your review: Inmate s Application for Accelerated Parole Inmate s Program Plan is anticipated to fully complete all necessary classes or other programs by 20. If you have any questions, contact me at. Copy: Inmate s Classification File Inmate File

8 Attachment #3 SAMPLE West Virginia Parole Board Certification of Acceptance into the Accelerated Parole Program To: Institutional Parole Officer From: West Virginia Parole Board Date: Re: Accelerated Parole Program Hearing Date This is to certify that, having successfully met all requirements, the Parole Board has confirmed the below-listed inmate is eligible for the Accelerated Parole Program and set his/her parole hearing date. Inmate s Full Name: Inmate s WVDOC No.: Last First Middle Current Institution/Facility/Center: Parole Hearing Date: If the inmate does not complete the programs as scheduled or is found guilty of a Class I or Class II Rule Violation prior to the hearing date, please notify us as soon as possible. Copy: Inmate s Classification File Inmate File