Sec. 09.37.02.05. Program Participation

A. If an inmate meets the participation requirements of Regulation .04 of this chapter, Case Management shall refer the inmate to the mandatory educational and workforce skills training program.

B. If Case Management determines that the individual should pursue an educational program:

(1) The inmate shall be assessed by Correctional Education with the Test of Adult Basic Education (TABE) or comparable educational assessment and placed into Beginning Literacy, Adult Basic Education, or Adult Secondary Educational Program, as appropriate, pursuant to the inmate’s personalized education plan;

(2) The inmate shall actively participate in a mandatory educational program for not less than 120 days, with the educational standard being the attainment of a high school diploma.

(3) An inmate may continue in the education program beyond 120 days at Case Management’s discretion.

(4) Time of participation shall be calculated as follows:

(a) Days shall mean calendar days, with the calculation beginning on the first day the inmate is assigned to attend class by Case Management, counting continuously until 120 days are complete;

(b) The calculation may be suspended at the discretion of Case Management due to the inmate’s illness, removal, reassignment, or transfer to another institution and shall continue from where it was suspended upon an inmate’s return to an educational program, unless Case Management deems such calculation to be inappropriate;

(c) The 120 days requirement for mandatory education shall be waived if the inmate acquires a high school diploma before the expiration of 120 days.

(5) The inmate shall comply with Correctional Education and Case Management rules of attendance and conduct.

(6) Infractions of the rules or DPSCS disciplinary action for conduct outside the educational program may result in Case Management removing the inmate from the educational program for:

(a) Refusal to submit to TABE or educational assessment;

(b) Refusal to attend scheduled educational program classes;

(c) Lack of demonstrated academic progress;

(d) Inappropriate behavior; or

(e) Conviction of violating an institutional rule.

(7) An inmate who is 21 years of age or younger shall have priority status for placement.

C. If Case Management determines that the inmate should pursue a workforce skills training program in lieu of an educational program:

(1) The inmate shall be assessed by Correctional Education and, in consultation with Case Management, be placed into an appropriate workforce skills training program;

(2) The inmate shall actively participate in a workforce skills training program until the inmate is able to demonstrate proficiency in the subject skill as determined by Correctional Education and Case Management.

(3) The inmate may participate in additional workforce skills training programs at Case Management’s discretion.

(4) The inmate shall comply with Correctional Education and Case Management rules of attendance and conduct.

(5) Infractions of these rules or DPSCS disciplinary action for conduct outside the workforce program may result in Case Management removing the inmate from the workforce program for:

(a) Refusal to submit to assessment;

(b) Refusal to attend scheduled training;

(c) Lack of demonstrated progress;

(d) Inappropriate behavior; or

(e) Conviction of violating an institutional rule.