The Department provides program access and makes work assignments and administrative decisions without regard to an inmate's national origin, race, religion, sex, age, disability or political beliefs. The Department provides interpreters for inmates with a language or literacy problem or who are visually or hearing impaired. This Department Order establishes requirements and responsibilities to ensure equal access and opportunity for inmates.

1.1    Employees shall report any known or alleged acts of discrimination against inmates by:

1.1.1    Completing an Information Report, Form 105-2.

1.1.2    Submitting the report to their first-line or any other appropriate supervisor.

1.2    Supervisors shall investigate reports of discrimination and take appropriate action to prevent and/or correct discriminatory acts against inmates.

908.02    SPECIFIC RESPONSIBILITIES - Wardens, Deputy Wardens and Administrators shall:

1.1    Make reasonable modifications in job and program requirements, and/or minor site changes (e.g., wheelchair ramps, lowering shelves) to facilitate participation by disabled inmates. (See Department Order #108, Americans with Disabilities Act (ADA) Compliance.)

1.2    Ensure that inmate work assignments are based on the inmate's experience and skill level in accordance with the inmate’s individual corrections plan, the applicable facility priority ranking report(s), and applicable vacancies in work and/or program areas.

1.3    Afford inmates the right to practice their religion in accordance with Department Order #904, Inmate Religious Activities/Marriage Requests, and Department Order #909, Inmate Property.

1.4    Afford inmates the opportunity to participate in available education, training and other programs provided they meet criteria established in Department Order #910, Inmate Education and Resource Center Services.

1.1    Wardens, Deputy Wardens, Administrators and Contract Bed Monitors shall:

1.1.1    Ensure that inmate housing assignments yield the highest degree of safety possible when housing inmates in cells or dormitories.

1.1.2    Ensure all cell and dormitory housing assignments comply in full with this Department Order whenever assigning inmates to housing for any duration.

1.1.3    Ensure the basis for making housing assignment decisions are Housing Assignment Principles and Additional Double Cell Placement Factors as outlined in 1.2 and 1.3 of this section.

1.2    Housing Assignment Principles - The assigned Custody Level (minimum, medium, close and maximum) and the assigned Internal Risk Level (1-5) are the primary criteria for all temporary and permanent, rated or non-rated housing and holding areas for any duration.

1.2.1    At no time shall minimum custody prisoners be housed with close or maximum custody prisoners.

1.2.2    In general, minimum and medium custody inmates are housed in congregate settings such as dormitories and tents and not in cells.

1.2.3    In general, close custody prisoners are doubled celled but only with other close custody prisoners. If there are no other beds available, a medium custody inmate may be housed in the same cell as a close custody inmate when their institutional risk scores are the same and are otherwise similarly situated.

1.2.4    At all times all maximum custody and/or IR-5 inmates are single celled.

1.3    Dormitory Assignments

1.3.1    Generally, inmates shall be housed in dormitories with inmates of the same custody level (minimum with minimum, medium with medium, etc.).

1.3.2    As necessary, minimum and medium custody inmates may only be housed in the same dormitory if their institutional risk scores are compatible.

1.3.3    Any housing area that is not a cell environment shall use the dormitory assignment criteria to make housing placement decisions.

1.4    Double Cell Placement Factors - In addition to the Housing Assignment Principles, staff shall consider the following factors only when placing an inmate in a cell with another inmate. Any of these factors indicating unusual or exceptional circumstances shall be considered to ensure the pairing of cellmates provides a safe environment for each inmate insofar as can be reasonably determined based on the information available at the time of the placement.

1.4.1    Length and nature of criminal offense history.

1.4.2    Length of sentence and amount of time already served.

1.4.3    Prison disciplinary history.

1.4.4    Institutional physical and/or verbal assault history.

1.4.5    STG information.

1.4.6    Physical/mental health care/ADA considerations.

1.4.7    Compliance with the Corrections Plan.

1.4.8    Height and weight.

1.4.9    Age.

1.4.10    Reassignments shall occur as often as warranted, as additional information is available.

1.5    Housing Assignments - Housing assignments shall be made under the direction of a Correctional Officer IV in consultation with the unit’s Chief of Security. After-hour assignments shall be made by the on-duty shift commander and shall be reviewed by the Deputy Warden or Duty Officer the next calendar day.

1.6    Exceptions - Exceptions to the cell housing criteria shall not ordinarily be considered. Only under the most exigent of circumstances may the unit’s Deputy Warden and the Complex Warden consider an exception.

1.6.1    All instances of exception shall be thoroughly documented by the unit’s Deputy Warden or Duty Officer via memorandum no later than the next calendar day and will illustrate the alternatives considered to achieve compliance with this Instruction.

1.6.2    The Warden will review the exception within one workday of the cell assignment.

1.6.3    The Deputy Warden shall ensure the cell assignment exception is brought into compliance with this Department Order as soon as prison conditions permit.

1.6.4    Wardens, Deputy Wardens and Deputy Wardens of Operations are accountable for the safety of exception decisions.

1.7    Cell Re-assignments - Wardens, Deputy Wardens and Administrators shall ensure that inmate requests for cell re-assignment are based on security concerns and are investigated and documented prior to a cell assignment change.

1.7.1    Race may be a consideration in a cell move only when there is a sufficient present, overt threat of violence.

1.7.2    All documentation relating to the investigation shall be maintained in a centralized location within the unit and in the inmate's institutional file.

1.8    Wardens, Deputy Wardens and Administrators shall ensure that common areas used by the general inmate population (e.g., dining areas, libraries, and day-rooms) are not segregated in any manner intended to discriminate against any group or individual.

908.04    TEMPORARY HOLDING ENCLOSURES

1.1    Temporary holding enclosures shall:

1.1.2    Be used as a control measure to confine and restrict inmate movement on a temporary/short term basis and for no more than two consecutive hours.

1.2    Routine usage of a holding enclosure would include placement of inmates awaiting transfer to another unit/institution, medical appointments, education, etc.

1.3    Placement of inmates in holding enclosures shall not be for punitive reasons.

1.4    In the absence of the Chief of Security, the Shift Commander must approve the placement of an inmate in a holding enclosure, outside of routine usage, and ensure that the inmate is issued weather appropriate clothing.

1.4.1    The unit Deputy Warden shall immediately be notified following a non-routine placement of an inmate in a holding enclosure.

1.4.2    Exigent circumstances must apply for any placement in the enclosure anticipated to be beyond two consecutive hours and shall require authorization by the unit Deputy Warden. Such placement shall be documented.

1.5    Water shall be continuously available to inmates in the enclosure. Security and health and welfare checks shall be conducted:

1.5.1    To ensure safe confinement, particularly during adverse weather conditions.

1.5.2    Consistent with applicable Institution and Post Orders.

1.6    Inmates requiring use of bathroom facilities will be accommodated.

908.05    INTERPRETERS - Wardens, Deputy Wardens and Administrators shall:

1.1    Provide interpreters for inmates in need of such services, which may include interpreters for language, literacy, the deaf, and the blind.

1.2    Recruit and provide interpreters in the following order:

1.2.1    A staff member within the same prison or facility.

1.2.2    A staff member in another prison, facility or bureau within the Department.

1.2.3    A volunteer interpreter from a community service agency.

1.3    Ensure interpreters provide inmates with an understandable translation of the original information and that the inmates acknowledge an understanding of the information as translated.

1.4    Ensure that interpreters are provided for inmates for due process proceedings, when necessary.

1.1    Applicable rules, regulations and Department Orders shall be read aloud during initial orientation for those inmates with a language or literacy problem or who are visually impaired.

1.2    Orientation staff shall ensure that inmates understand orientation materials read aloud.

1.3    Hearing impaired inmates shall receive a translation of orientation materials in sign language.

1.4    Orientations shall be documented on the appropriate AIMS screen and in the inmate’s institution file.

Within 90 days of the effective date of this Department Order, the Division Director for Offender Operations shall ensure:

• Wardens and Deputy Wardens develop Institution and Post Orders that address, at a minimum, inmate housing assignments and the use of holding enclosures.

CUSTODY LEVEL - Refers to the public risk classification of inmates. Custody levels are maximum, close, medium, and minimum.

INTERPRETER OF LANGUAGE - A person who translates verbal or written communication from one language to another language.

INTERPRETER FOR LITERACY - A person who translates verbal or written communication into simpler terms.

INTERPRETER FOR THE DEAF - A person who translates verbal or written communication into sign language.

INTERPRETER FOR THE BLIND - A person who translates verbal or written communication into braille.

28 CFR, Part 36; 29 CFR, Parts 1602, 1627 and 1630, The Americans With Disabilities Act (ADA).