Sec. 12.12.07.05. Progress-in-Treatment Criteria

A. In considering an inmate for prerelease status, the Board of Review shall consider the following progress-in-treatment criteria:

(1) The inmate's overall progress in treatment;

(2) The inmate's overall behavior and adjustment while incarcerated;

(3) Whether prerelease status would assist in the inmate's treatment by enhancing the inmate's ability to lead a law-abiding life;

(4) Whether the inmate has successfully functioned in any previous prerelease status; and

(5) Any other factors or information which the Board of Review considers relevant in assessing the inmate's progress in treatment.

B. In making the determination required by § A(1) of this regulation, the Board of Review shall consider:

(1) The reports or recommendations of the Institution treatment and custody staff;

(2) The inmate's adjustment on level 4;

(3) Whether the inmate's treatment level history demonstrates progressive responsibility in moving from level 1 to level 4;

(4) The inmate's participation in Institution treatment programs and self-help programs;

(5) Whether the inmate has demonstrated emotional maturity and insight into his or her problems, as assessed through the reports or recommendations of the Institution treatment and custody staff;

(6) The inmate's ability and readiness to assume obligations and undertake responsibilities; and

(7) The inmate's educational, vocational, and other training.

C. In making the determination required by § A(2) of this regulation, the Board of Review shall consider:

(1) The inmate's Institution disciplinary record; and

(2) The inmate's current attitude towards discipline and other authority, as assessed through the reports or recommendations of Institution treatment and custody staff.

D. Hearings.

(1) The Board of Review shall conduct a hearing to determine the appropriateness of granting or revoking leave, work release, or school release. Hearings shall consider the recommendations of the inmate's unit treatment team.

(2) A record shall be maintained of the hearing noting the date, the vote of the Board of Review, and the outcome of the proceedings.

(3) The Board of Review shall conduct hearings at the Institution in accordance with a preestablished schedule.

E. Procedure for Hearings.

(1) A leave, work release, or school release hearing is an interview of the inmate by the Board of Review. Attendance shall be restricted to authorized Institution staff, except that other interested persons, including victims, may attend with the approval of the Board of Review. The hearing is private and shall be held in an informal manner, allowing the opportunity to give free expression to an inmate's views and feelings relating to the case. Formal presentations by an attorney, relatives, victims, and other interested persons are not permitted at the hearing. Attorneys, relatives, victims, and other interested persons may submit information in writing for the Board of Review's consideration before the hearing.

(2) Detailed reports shall be furnished by those familiar with the inmate to assist the Board of Review in its deliberations.

(3) The unit treatment team or work release supervisor from the treatment unit assigned to the inmate shall attend all hearings concerning that inmate. The inmate's work release supervisor or other unit member having knowledge of relevant facts shall be available to provide new information which may have developed since the date of the reports furnished to the Board of Review and to assist in answering questions which may arise concerning the inmate or Institution policy.