Sec. 12.12.28.04. 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 remediation by enhancing the inmate's ability to lead a law-abiding life;

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

(5) 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 four;

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

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

(5) Whether the inmate has demonstrated emotional maturity and insight into the inmate's 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 the inmate's:

(1) Institution disciplinary record; and

(2) 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 treatment unit.

(2) A record shall be maintained of the hearing that notes the:

(a) Date;

(b) Vote of the Board of Review; and

(c) Outcome of the proceedings.

(3) The Board of Review shall conduct hearings at the Institution according to 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 is restricted to authorized Institution staff, except that other interested individuals, including victims, may attend with the approval of the Board of Review. The hearing is private and is 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 individuals are not permitted at the hearing. Attorneys, relatives, victims, and other interested individuals may submit information in writing for the Board of Review's consideration before the hearing.

(2) Detailed reports shall be furnished by the inmate's treatment unit to assist the Board of Review in its deliberations.

(3) The treatment unit assigned to the inmate shall attend all hearings concerning that inmate. The inmate's treatment unit 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 concerning the inmate or Institution policy.