Custody classification. What is happening?

Your loved one has Been taken into custody

Understanding your loved one’s custody classification and anticipating their release date can be overwhelming and confusing. This brochure is designed to help you feel better prepared and equipped to talk about this. These are the general guidelines for all NDCS facilities, procedures may change depending on the facility.

Knowing some basic vocabulary (abbreviations for them) will be helpful. 

Useful Vocabulary

Custody Classification: the classification that informs what facility your loved one is housed at and how much supervision their activities and movement have. There are six custody classifications: Maximum, Medium, Minimum (A and B), and Community (A and B). 

Parole Eligibility Date: the date when your loved one is eligible for parole. It depends on sentence length, mandatory minimums, and good time law. Typically half of the minimum term. 

Mandatory Minimums: requires judges to impose a sentence of a term of imprisonment of at least the time specified in a statute, a requirement generally triggered by the offense of conviction and/or your loved one’s recidivism

“Jam out” or “Jam my number”: mandatory discharge from a locked facility; your loved one serves their last day of prison sentence in a locked facility and leaving with no parole requirements 

Tentative Release Date: the date when your loved one will be released. It depends on sentence length, mandatory minimums, and good time law. Typically half of the maximum term. 

Institutional Risk Assessment (IRA): an instrument NDCS uses to identify a person’s likelihood to commit a certain category of rule infractions during their incarceration (typically 6 months). Produces the “scored risk”. People in prison may call it the “strong R”. 

Scored Risk (SR): the score provided upon completion of the IRA (violent, serious, non-serious, and low). It determines where your loved one is placed and whether additional treatment is needed. 

Institutional Behavior (IB): your loved one’s behavior during their time being incarcerated. 

Sentence Structure (SS): the specific situation for your loved one - time into sentence, length of sentence, if a parole board hearing has been scheduled, etc.

Special Circumstances (SC): your loved one’s programming and clinical requirements. Can also include protective custody and long term restrictive housing assignments or any circumstances that would impact your loved one’s stay in the facility. 

Detainer: the offense your loved one is incarcerated for before sentencing and/or other charges they are facing outside of current jurisdiction. For example, immigration charges or pending charges in another state or county would be considered detainers.

HOW CUSTODY CLASSIFICATIONS ARE DETERMINED

Your loved one’s classification and their release date are largely based on the result produced by their IRA result (score risk), institutional behavior, sentence structure, special circumstances, and department/parole discretion.

Think of it as a formula:

+ Scored Risk

+ Institutional Behavior

+ Sentence Structure

+ Special Circumstances

+ Department Discretion

=

Custody Classification/Housing Assignment

At times, individuals will be held at a higher custody level facility than they are classified at.

WHEN DO CUSTODY CLASSIFICATIONS HAPPEN?

Custody classification reviews must happen at least every 12 months. Individuals typically advance through one classification at a time. 

However, there is a possibility reviews will happen more often as your loved one’s sentence progresses. There are a variety of things that can initiate a classification hearing/review. 

  • If your loved one has a parole hearing scheduled or is within three years of their tentative review date, they will have classification reviews at least every 6 months. 

  • Unit staff can initiate a classification hearing outside of schedule if a significant event occurs: resolution of a detainer, being found guilty of misconduct report, being set for parole hearing, and/or completing programming. 

  • Your loved one is able to request a review of their progress and status if they believe there has been a positive change in circumstances. Program completion, change in sentence structure, good time restoration, successful misconduct appeal, and scheduled parole board hearings will be considered in the review. Staff will review your loved one’s request and determine whether to initiate a classification review.

  • Classifications can be conducted at the discretion of department leaders for a variety of things such as refusal of clinical programming, significant behavioral changes, etc. 

For each classification hearing/review, your loved one has some basic rights: 

  1. Notice: written notice of the hearing at least 48 hours prior to the hearing. 

  2. Participation: attendance at their hearing (security could impact this). 

  3. Disposition: written notice of final decision.

  4. Appeal: all final classification decisions are able to be appealed to the next higher authority.

TYPES OF CUSTODY CLASSIFICATIONS

The criteria for promotion though custody classifications is nuanced and formulated, relying heavily on one’s sentence structure and institutional behavior. For example, if one hopes to be classified as Community A custody they must have a scored risk of “low”, have completed all required clinical programming, and be within 3 years of their release date or have a parole board hearing within 2 years.

For additional information on the criteria for custody classifications, visit this table:

https://docs.google.com/document/d/1Jns6EttkK4gLG1TAex6QtfQPrSUC7hhw66lZ5fvl14U/edit?usp=sharing 


Maximum Custody (1X): A maximum custody determination indicates that the individual is most suitable for housing at a maximum security facility where movement and activities within that facility are highly structured and closely monitored. All individuals begin at a maximum custody classification when they are admitted into NDCS. 

Medium Custody (2X): A medium custody determination indicates that the individual is most suitable for housing at a medium or maximum security facility where their movement and activities are moderately controlled and structured. 

Minimum A (3A): A minimum A custody assignment indicates the individual is most suitable for housing at a minimum or medium security facility. Individuals classified as Minimum A may be assigned to an open dormitory living environment. 

Minimum B (3B): A minimum B custody assignment indicates the individual is appropriate for a dormitory setting and a less secure and structured environment. Supervised work outside of the facility may be appropriate at this custody level. 

Community A (4A): Assignment to community A custody (“work/education detail”) indicates the individual is suitable for a significantly less structured environment where he/she can interact with the public while working in a detail assignment in the community under intermittent supervision. Individuals are eligible for this Community A custody level when they are within 3 years of release; however, 18 months away from release is more likely. 

Community B (4B): An assignment to community B custody (“work release”) indicates the individual is ready to seek and obtain work in the community without staff supervision. The individual must complete the Work/Educational Release Application, which will require the warden’s approval prior to promotion to Community B classification. 

Link: https://www.corrections.nebraska.gov/system/files/rules_reg_files/201.01_2021.