TABLE OF CONTENTS

PURPOSE

This Department Order establishes procedures to ensure that Administrative Release Eligibility Discharge dates and Board of Executive Clemency Certification dates are calculated accurately and in compliance with applicable statutes, court decisions and in the opinion of the Attorney General.

This Department Order applies only to inmate release eligibility. Information relating to inmate releases is outlined in Department Order #1001, Inmate Release System.

1.1 The Offender Services Bureau shall calculate and determine eligibility dates for hearings by the Arizona Board of Executive Clemency (Board) and for Administrative Releases.

1.2 Upon receipt of an inmate at a Reception Center, Reception Center staff shall conduct an Initial Classification hearing and record the inmate's initial placement in either an earning or non-earning Release Credit Class in accordance with Department Order #801, Inmate Classification.

1.3 Inmates whose date of offense is on or after January 1, 1994 shall not be eligible for:

1.3.1 Parole.

1.3.2 Work Furlough.

1.3.3 Home Arrest.

1.3.4 Discretionary Release.

1.3.5 Provisional Release.

1.3.6 Mandatory Release.

1.4 Release Credit Types - Release credits provide a means for an inmate to decrease the period of incarceration, based upon, but not limited to, behavior, program or work record, institutional adjustment and the sentencing statutes under which they were convicted.

1.4.1 Good Time Credits (Copper Time) - For offenses committed prior to October 1, 1978. Good Time Credits are awarded upon completion of each calendar year served in prison, pursuant to ARS 31-251.

1.4.2 Double-time Credits (Two-for-one credits) - For offenses committed prior to October 1, 1978. Double-time credits are awarded pursuant to ARS 31-252.

1.4.3 Earned Release Credits:

1.4.3.1 For offenses committed between October 1, 1978 and December 31, 1993, Earned Release Credits are awarded pursuant to ARS 41-1604.10. (Three-for-two or four-for-three credits).

1.4.3.2 For offenses committed on or after January 1, 1994, Earned Release Credits are awarded pursuant to ARS 41-1604.07 (Seven-for-six).

1.5 Earning/Non-Earning Release Credit Classes

1.5.1 Class I (For offenses committed on or after noon, October 1, 1978) - To remain in this class, inmates shall adhere to Department written instructions, procedures, rules and regulations and receive satisfactory performance evaluations. Inmates in this class are eligible for, and are earning release credits, except for those prisoners who are sentenced to serve the full term of imprisonment imposed by the court.

1.5.1.1 Inmates with date of offense on or after October 1, 1978, upon commitment to the Department, shall be placed in Earning Class I beginning on the inmate's Sentence Begins Date except when sentenced pursuant to a statute that does not allow the earning of release credits or requires a mandatory minimum amount of time be served prior to placement in Class I.

1.5.2 Class II (For offenses committed on or after October 1, 1978) - All inmates are initially placed into this non-earning class upon being sentenced to the Department.

1.5.2.1 Inmates who are eligible as specified by statute are recommended for placement in Class I, continuation in Class II, or placement in another class.

1.5.2.2 Class II inmates with a date of offense between noon on October 1, 1978 and December 31, 1993 are parole eligible, but do not earn release credits.

1.5.3 Class III (For offenses committed on or after noon, October 1, 1978) - Placement of inmates into this non-earning Class takes precedence over and interrupts the status of all other classes, unless the inmate is pending the Sexually Violent Person review process.

1.5.3.1 The Disciplinary Hearing Officer may place an inmate into non-earning Class III for 30, 60 or 90 days as specified in Department Order #803, Inmate Discipline System.

1.5.3.2 When this placement period has expired, the inmate is automatically returned to the former class status.

1.5.3.3 Inmates in non-earning Class III are not eligible for parole and do not earn release credits.

1.5.3.4 For inmates who committed their offense on or after July 21, 1979, the inmate's parole eligibility date is extended one day for each day spent in non-earning Class III status.

1.5.4 Class IV (For offenses committed between July 21, 1979 and December 31, 1993) - This non-earning Class was reserved for inmates placed into Administrative Segregation Status and is no longer used as a classification. Inmates were not placed in Class IV after November 7, 1989.

1.5.5 Class V (For offenses committed between July 21, 1979 and December 31, 1993) - Inmates are only placed in non-earning Class V when they have been identified as dangerous psychiatric offenders by a special Classification Committee appointed by the Director.

1.5.5.1 Inmates in non-earning Class V are not eligible for parole and do not earn release credits.

1.5.5.2 Class V status does not extend the inmate's Parole Eligibility Date.

1.5.6 Class VI (For offenses committed on or after noon, October 1, 1978) - A non-earning Class that is reserved for inmates sentenced to death. Inmates in this Class are not eligible for Parole and do not earn release credits.

1.5.7 Class VII (For offenses committed on or after noon, October 1, 1978) - Inmates in this class are adhering to Department rules and regulations, receiving satisfactory performance evaluations and, if the committing offense is between October 1, 1978 and December 31, 1993 are, by statute, not eligible for Parole because of the nature of their committing offense.

1.5.7.1 Applicable sentencing statutes prohibit inmates from earning release credits and only re-sentencing by the court of jurisdiction may result in the inmate becoming eligible to earn release credits. Only applicable release credits will be calculated retroactively based on time served in Class VII status.

1.5.8 Class VIII (For offenses committed prior to noon, October 1, 1978.) - Inmates in this Class have earned a position of confidence and trust. Inmates earn double time credits in accordance with ARS 31-252 and are eligible for Parole.

1.5.9 Class IX (For offenses committed prior to noon, October 1, 1978.) - Inmates in this class are not considered to be in a position of confidence and trust. These inmates are serving disciplinary isolation and will remain in this class for the duration of time spent in disciplinary isolation. These inmates do not earn double time credits and are parole eligible.

1.6 Release Eligibility for Functionally Literate Inmates - All inmates with a date of offense on or after January 1, 1994, who are in an eligible earned release credit class in accordance with ARS 41-1604.07, and who meet the criteria for the Functional Literacy Standard in accordance with ARS 31-229 shall be eligible to earn release credits.

1.6.1 Any inmate with a release eligibility date after July 18, 2001, shall meet the Functional Literacy Standard prior to release. Inmates who fail to achieve an eighth grade Functional Literacy Level shall not be eligible to begin the term of Community Supervision until the inmate either:

1.6.1.1 Achieves an eighth grade Functional Literacy Level as measured by standardized assessment testing.

1.6.1.2 Serves the full term of imprisonment imposed by the court, whichever occurs first.

1.6.2 Inmates, whose records have been documented as having met the Functional Literacy Standard (sixth grade, prior to July 1, 1997), shall be eligible to earn release credits.

1.6.3 The Functional Literacy Standard shall not apply to inmates who:

1.6.3.1 Are unable to meet the Functional Literacy Standard required by ARS 31-229.02 (A), due to a medical, developmental or learning disability.

1.6.3.2 Are classified as Level 5 offenders.

1.6.3.3 Are Foreign Nationals.

1.6.3.4 Have six months or less of incarceration time to serve, regardless of the sentence imposed.

1.6.4 Inmates who are transferred to a facility other than Special Management Unit I or II, regardless of their classification score, shall meet the literacy standard prior to release.

1.6.5 Correctional Education Program Teachers and/or Correctional Education Program Supervisors shall assess and record inmate education eighth grade achievement on the appropriate AIMS Literacy Results screens.

1.6.6 The inmate’s assigned Correctional Officer III, Institution Offender Information Unit staff and the TCU staff assigned to the release process shall ensure that the AIMS Literacy Results screens are reviewed prior to the inmate’s release and/or prior to the release program being submitted to Community Corrections Division.

1.6.7 Determination of release eligibility and earning of release credits shall be in accordance with ARS 41-1604.07, Earned Release Credits, Forfeiture, Restoration.

1.7 Initial Audit - The TCU staff shall review and audit all commitment documents, Commitment Code Sheets and Adult Information Management System (AIMS) data entry generated by the initiating staff to ensure that:

1.7.1 Sentencing criteria from sentencing documents have been accurately entered into AIMS.

1.7.2 Appropriate time computation flags have been entered for sentencing statutes that preclude release on Parole, Work Furlough, Home Arrest, Mandatory Release, Temporary Release, Community Supervision Begin Date (CSBD), Provisional Release, Earned Release Credit Date (ERCD), Discretionary Release, Deportation at 1/2 the Sentence Imposed and/or release from confinement until the sentence imposed has been completed.

1.7.3 Release eligibility dates have been calculated in accordance with the applicable statutes governing each individual sentence.

1.7.4 A manual time computation chrono is provided to the inmate if a program problem causes the automated program to be incorrect.

1.7.5 The total release credits possible to be earned are included in the initial time computation if the inmate is earning release credits.

1.7.5.1 Release credits to be earned are projected up to the Mandatory or Provisional Release date for offenses committed prior to January 1, 1994.

1.7.5.2 If the inmate is not eligible for Mandatory or Provisional Release due to the length of sentence or eligibility criteria, the release credits are projected up to the ERCD or Sentence Expiration Date (SED).

1.7.5.3 Release credits to be earned are projected up to the CSBD or ERCD for offenses committed on or after January 1, 1994.

1.7.6 Release eligibility dates are recalculated if the inmate does not remain in an earning class or is released on Parole.

1.7.7 The ERCD is recalculated for an inmate whose date of offense is on or after January 1, 1994, who does not remain in an earning class.

1.8 Release Verification Audit - The TCU shall:

1.8.1 If it is determined that the AIMS calculation is incorrect, follow the procedures outlined in the Technical Manual 1002-T-OPS, section 1002.03, 1.2.10.3 through 1.2.10.5.

1.8.2 Upon completion of the audit and verification that the inmate is eligible for release, follow the procedures outlined in the Technical Manual 1002-T-OPS, section 1002.10, 1.5.16 through 1.5.19.3.

1.8.3 Forward the Manual Time Computation chrono and Release Date Calculation to the Offender Services Bureau, Offender Information Unit for inclusion in the Master Record file.

1.8.4 Upon completion of the audit and verification that the inmate is not eligible for release, notify the requesting Offender Information Unit, using the AIMS message router, of the reason for ineligibility and the new release dates.

1.8.4.1 The Offender Information Unit Supervisor shall ensure that the assigned Correctional Officer III is immediately notified of the inmate's ineligibility.

1.8.4.2 The Correctional Officer III shall inform the inmate of the ineligibility for release and provide the inmate with the automated/manual Time Computation chrono indicating the new dates.

1.8.5 Post the completed release verification in the release log.

1.8.6 Forward the AIMS screen printouts/manual calculations and the institution's requests to the Master Record file.

1.8.7 Refer institution staff who request a second verification to the Offender Comment screen. If the release dates have changed, a second request for verification shall be processed.

1.8.8 The release verification audit shall be the final eligibility review for inmates pending release on Home Arrest.

1.9 Sentences Vacated, Reversed, Set Aside or Rescinded - An inmate whose sentence has been vacated, reversed, set aside or rescinded, and who is retried and/or re-sentenced, shall have his/her sentence recalculated and shall receive a new time computation chrono.

1.9.1 If the inmate is in the custody of a county when the sentence is vacated, release credits are earned up to the date the sentence is vacated.

1.9.2 If the inmate is in the custody of the Department when the sentence is vacated, release credits are earned up to the date released to the county.

1.9.3 Upon return to Department custody, the inmate automatically returns to the earned release credit classification status held prior to release from Department custody.

1.9.4 An inmate who has a sentence vacated, with a concurrent or consecutive sentence yet to serve that is not vacated, shall be allowed to continue/begin serving the concurrent or consecutive sentence.

1.10 Inmates Serving Arizona Sentences in Other Jurisdictions - An inmate serving an Arizona sentence in a correctional facility outside the State of Arizona shall have release eligibility dates calculated in the same manner as inmates in the physical custody of the Department.

1.10.1 The Offender Services Bureau shall lodge an official Notification/Detainer Request, as applicable, on all inmates serving an Arizona sentence concurrently or consecutively in another State or Federal correctional facility, except for inmates transferred under the Interstate Corrections Compact. The official Notification/Detainer request shall remain in effect until the inmate:

1.10.1.1 Has been granted Parole pursuant to ARS 31-412 (A) on the Arizona sentence for offenses committed on or before December 31, 1993.

1.10.1.2 Has reached an Arizona Administrative Release eligibility date.

1.10.1.3 Has signed the Conditions of Supervision and Release and has an approved release program.

1.10.1.4 Is released by the other jurisdiction to complete or begin the Arizona sentence.

1.10.2 Upon request from the other jurisdiction to release an inmate, the Offender Services Bureau shall be responsible for coordinating with the county of conviction or the Offender Services Bureau, Special Services Unit, to have the inmate delivered to the custody of the Department.

1.11 Commutation - Only those inmates who are eligible by Arizona Revised Statute (ARS), have applied, and have been certified as eligible by the Department shall have their cases reviewed by the Board.

1.11.1 By Board Rule:

1.11.1.1 Applicants shall have served two years from their Sentence Begins Date and may not be within one year of their Parole eligibility or their Mandatory/Provisional Release date.

1.11.1.2 Applicants, who have served only one year from their Sentence Begins Date, and are not in imminent danger of death, may be reviewed by the Board if the sentence imposed in three years or less and the inmate is not within six months of their earliest release date.

1.11.1.3  Appliacnts, with a date of offense on or after January 1, 1994, shall have served two years from their Sentence Begins Date and shall no be within one year of their ERCD.  

1.11.1.4 Subsequent applications shall not be considered until a period of two years from the previous denial has elapsed.

1.11.2 By Imminent Danger of Death

1.11.2.1 An inmate applying for a Commutation of Sentence under Imminent Danger of Death, shall:

1.11.2.1.1 Be deemed statutorily eligible by the TCU.

1.11.2.1.2 Be deemed eligible by Health Services.

1.11.2.1.3 Serve two years from the Sentence Begins Date. (This criteria may be waived by the Board.)

1.11.2.1.4 Not be within one year of release or their Parole Eligibility Date. (This criteria may be waived by the Board.)

1.11.2.2 The TCU shall, if the inmate is deemed statutorily eligible, forward the application to the Health Services Coordinator, who shall:

1.11.2.2.1 Ensure that the application is complete and that the inmate is medically eligible.

1.11.2.2.2 Ensure two diagnoses are obtained, from a private physician, a Department physician and/or an independent physician.

1.11.2.2.3 Forward the application and any pertinent information to the Deputy Director for Health Services who shall make recommendations before forwarding it to the Director.

1.11.2.3 The Director shall approve or disapprove the application, then forward the application to the TCU for further action. The TCU shall:

1.11.2.3.1 If approved, notify the Board as outlined in Technical Manual 1002-T-OPS, section 1002.09, 1.2.10.

1.11.2.3.2 If disapproved, notify the Board, the Health Services Coordinator and, through the OIU, the assigned Correctional Officer III who shall notify the inmate.

1.11.2.4 There is no appeal process for inmates who have been denied by the Director for a Commutation of Sentence under Imminent Danger of Death.

1.11.3 After January 1, 1994, if a trial court judge decides the sentence that the law requires is clearly excessive, the court may enter an order allowing the defendant to petition the Board for a Commutation. The inmate has 90 days from the date received by the Department to request a hearing with the Board.

1.11.4 An inmate who is granted Commutation by the Governor shall have all applicable release credits applied to the modified sentence.

1.12 Pardon - Only those inmates who have applied, are eligible by Statute, and have been certified eligible by the Department shall have their cases reviewed by the Board.

1.12.1 By Board Rule - Subsequent applications shall not be considered until a period of three years has elapsed from the previous denial.

1.12.2 By Imminent Danger of Death - If the inmate is applying for a Pardon under Imminent Danger of Death and is statutorily eligible, the application shall be forwarded to Health Services.

1.12.3 An inmate who is granted a Pardon by the Governor shall be released on the commitment for which the pardon is granted.

1.13 Flat Sentences - An inmate serving a flat sentence shall be released upon completion of the sentence imposed without deduction of release credits.

1.14 Verification of Release - No inmate shall be released from custody until the TCU verifies the release eligibility, and the 15 day release notifications have been completed in accordance with Department Order #1001, Inmate Release System.

1.15 Administrative Release in Error - The Offender Services Bureau Administrator shall review all cases in which an inmate is released in error to determine if the inmate shall be eligible to earn release credits for the time served on release status.

1002.02 RESCISSION OF CLASS III - Effective June 1, 2000, an inmate who has been validated as a member of a Security Threat Group, in accordance with Department Order #806, Security Threat Group (STGs), and who has refused to renounce their membership shall not be eligible for a Rescission of Class III time.

1.1 Group I, II or A Violations - An inmate who is found guilty of a disciplinary violation for which Class III placement is imposed is entitled to apply for rescission of the Class III placement 12 months after the sanction was imposed, if the inmate:

1.1.1 Has no pending disciplinary charges at the time of the application or during the application review and approval process.

1.1.2 Has more than three months to serve prior to release eligibility other than Parole, Absolute Discharge, Home Arrest or Work Furlough.

1.1.3 For at least 12 consecutive months immediately preceding the application:

1.1.3.1 Remains in Class I.

1.1.3.2 Remains free of major disciplinary violations.

1.1.4 For at least six consecutive months immediately preceding the application:

1.1.4.1 Remains free of minor disciplinary violations.

1.1.4.2 Receives work evaluations (if assigned) with an average rating of 12 or higher.

1.1.4.3 Receives program evaluations (if applicable) with a rating of average or above.

1.2 Group III, IV or B Violations - An inmate who is found guilty of a disciplinary violation for which Class III placement is imposed is entitled to apply for rescission of the Class III placement six months after the sanction was imposed, if the inmate:

1.2.1 Has more than three months to serve prior to release eligibility other than Parole, Absolute Discharge, Home Arrest or Work Furlough.

1.2.2 Has no pending disciplinary charges at the time of the application or during the application review and approval process.

1.2.3 For at least six consecutive months immediately preceding the application:

1.2.3.1 Remains in Class I.

1.2.3.2 Remains free of major disciplinary violations.

1.2.4 For at least three consecutive months immediately preceding the application:

1.2.4.1 Remains free of minor disciplinary violations.

1.2.4.2 Receives work evaluations (if assigned) with an average rating of nine or higher.

1.2.4.3 Receives program evaluations (if applicable) with a rating of average or above.

1.3 Application Process - An inmate shall submit separate applications for rescission of each placement in Class III. A separate application for each concurrent Class III placement shall be made if the inmate is requesting that all concurrent Class III placements be rescinded.

1.3.1 An inmate, with a date of offense between October 1, 1978 and December 31, 1993, who has been paroled to a consecutive sentence may apply for rescission of Class III on the previous sentence if the previous sentence is still active.

1.3.1.1 Rescission of Class III on the previous sentence shall not be granted in full if it results in the inmate's parole to consecutive sentence date being earlier than the date that the parole to a consecutive sentence was granted by the Board.

1.3.2 An inmate, with a date of offense on or after January 1, 1994, who has been released to a consecutive sentence on the ERCD, may apply for a rescission of Class III on the previous sentence if the previous sentence is still active.

1.3.3 The inmate shall complete an Application for Rescission of Class III Placement, Form 1002-7P, and submit it to the assigned Correctional Officer III.

1.4 Approval/Denial Process for Inmates - The Correctional Officer III shall sign and date the application and complete Level I of a Recommendation for Rescission of Class III Placement, Form 1002-4P.

1.4.1 If the Correctional Officer III determines that the inmate is eligible, the Correctional Officer III shall prepare a rescission packet, which includes:

1.4.1.1 The inmate's Application for Rescission of Class III Placement.

1.4.1.2 The Recommendation for Rescission of Class III Placement form.

1.4.1.3 SECTION DELETED

1.4.2 If the Correctional Officer III determines that the inmate is ineligible, he/she shall indicate which criteria the inmate does not meet in the comments section of the Level I portion of the form.

1.4.3 Within ten work days after receipt of the application, the Correctional Officer III shall:

1.4.3.1 Forward the application to the Warden or Deputy Warden.

1.4.3.2 If the inmate is pending a Sexually Violent Person review, electronically notify the Sex Offender Coordination Unit of the application.

1.4.4 The Warden or Deputy Warden may indicate agreement with the Correctional Officer III's recommendation to deny the application by completing the Level II portion of the form, and ensuring that:

1.4.4.1 The inmate receives a copy of the denied application through the assigned Correctional Officer III.

1.4.4.2 A copy of the denied application is forwarded to the Institution Offender Information Unit.

1.4.4.3 The original copy of the denied application is forwarded to the Offender Services Bureau for inclusion in the Master Record File.

1.4.5 The Warden or Deputy Warden may indicate disagreement with the Correctional Officer III's recommendation to deny the application in the comments section of the Level II section of the form, and return the application to the Correctional Officer III for preparation of a Class III rescission packet.

1.4.6 If approving the request, the Warden or Deputy Warden shall complete the Level II section, indicating approval of the rescission, sign and date the form and forward the complete packet, with all forms attached, to the TCU within five work days of receipt.

1.4.7 Within ten work days of receipt of the packet, TCU staff shall:

1.4.7.1 Determine the effect that the rescission will have on the inmate's release eligibility date(s).

1.4.7.2 Ensure that the rescission does not place the inmate within 30 days of a release date.

1.4.7.3 Complete Level III of the Recommendation for Rescission of Class III Placement form.

1.4.7.4 Forward the packet to the Director or designee.

1.4.8 Within ten work days of receipt of the packet, the Director or designee shall:

1.4.8.1 Approve or deny the request by checking the appropriate section of the recommendation form.

1.4.8.2 Sign and date the form.

1.4.8.3 Return the packet to the TCU.

1.4.9 Within ten work days of receipt of an approved rescission request, TCU staff shall provide recalculated release dates and copies of the packet to:

1.4.9.1 The Offender Services Bureau, Offender Information Unit.

1.4.9.2 The Institution Offender Information Unit, who shall:

1.4.9.2.1 Provide copies of the recalculated release dates and a copy of the packet to the inmate through the Correctional Officer III.

1.4.9.2.2 Notify Community Corrections if a release packet has been submitted.

1.4.10 Within ten work days of receipt of a denied rescission request, TCU staff shall distribute copies of the packet to:

1.4.10.1 The Offender Services Bureau, Offender Information Unit.

1.4.10.2 The Institution Offender Information Unit, who shall provide a copy of the packet to the inmate through the inmate's Correctional Officer III.

1.5 Releasee Application - Unless otherwise specified by the Director or designee, a releasee may apply for rescission of a Class III placement.

1.5.1 A releasee shall have been in Class I, and met the applicable eligibility criteria before the release.

1.5.2 The releasee shall complete an Application for Rescission of Class III Placement and submit the application to the assigned Parole Officer.

1.6 Approval/Denial Process for Releasees - The Parole Officer shall sign and date the application and complete a Recommendation for Rescission of Class III Placement.

1.6.1 If the Parole Officer determines that the releasee is eligible, the Parole Officer shall prepare a rescission packet, which includes:

1.6.1.1 The releasee's Application for Rescission of Class III Placement.

1.6.1.2 The Recommendation for Rescission of Class III Placement form.

1.6.1.3 An Additional Violations form, or AIMS printout, if applicable. The form shall be completed for any disciplinary violation(s) that occurred subsequent to the case that resulted in the releasee's placement in Class III.

1.6.2 If the Parole Officer determines that the releasee is ineligible, the Parole Officer shall indicate which criteria the releasee does not meet in the comments section of the Level I portion of the form.

1.6.3 Within ten workdays after receipt of the application, the Parole Officer shall forward the application to the Community Supervision Bureau Administrator.

1.6.4 The Community Supervision Bureau Administrator may indicate agreement with the Parole Officer's recommendation to deny the application by completing the Level II portion of the form, and ensuring that:

1.6.4.1 The releasee receives a copy of the denied application through the assigned Parole Officer.

1.6.4.2 A copy of the denied application is forwarded to the Community Services Bureau field file.

1.6.4.3 The original copy of the denied application is forwarded to the Offender Services Bureau for inclusion into the Master Record File.

1.6.5 The Community Supervision Bureau Administrator may indicate disagreement with the Parole Officer's recommendation to deny the application in the comments section of the Level II section of the form and return the application to the Parole Officer for preparation of a Class III rescission packet.

1.6.6 If approving the request, the Community Supervision Bureau Administrator shall complete the Level II section, indicating approval of the rescission, sign and date the form and forward the packet to the Assistant Director for Community Corrections within five work days of receipt.

1.6.7 Within ten work days of receipt of the packet, the Assistant Director for Community Corrections shall recommend approval or denial in the Level IV section of the form, sign and date the form, and forward the packet to the TCU.

1.6.8 Within ten work days of receipt of the packet, TCU staff shall:

1.6.8.1 Determine the effect of the rescission on the releasee's release dates.

1.6.8.2 Complete Level III of the Recommendation for Rescission of Class III Placement form.

1.6.8.3 Forward the packet to the Director or designee.

1.6.9 Within ten work days of receipt of the packet, the Director or designee shall:

1.6.9.1 Approve or deny the request by checking the appropriate section of the recommendation form.

1.6.9.2 Sign and date the form.

1.6.9.3 Return the packet to the TCU.

1.6.10 Within ten work days of receipt of an approved rescission request, TCU staff shall provide recalculated release dates and a copy of the rescission approval to:

1.6.10.1 The Assistant Director for Community Corrections.

1.6.10.2 The Offender Services Bureau, Offender Information Unit.

1.6.11 Within ten work days of receipt of a denied rescission request, forward copies of the packet to:

1.6.11.1 The Assistant Director for Community Corrections.

1.6.11.2 The Offender Services Bureau, Offender Information Unit.

1.6.12 The assigned Parole Officer shall advise the releasee of the decision and deliver a copy of the packet to the releasee. Approved rescissions for a releasee shall not be effective sooner than five work days from the date the releasee is notified of the approval.

1.7 Resubmission of Denied Requests - An inmate or releasee may resubmit denied requests six months from the date of denial of the last application submitted, unless the inmate is within three months of a release date other than a release that requires a Board action.

1002.03 FORFEITURE OF RELEASE CREDITS - Forfeiture of Release Credits shall be at the sole discretion of the Director or designee who may consider, but is not limited to, the following:

1.1 Earned Release Credits may be forfeited when an inmate fails to:

1.1.1 Comply with Department rules, resulting in being reclassified to a higher risk status.

1.1.2 Demonstrate a continual willingness to volunteer for or successfully participate in work, education, treatment or training programs.

1.2 Double time credits may be forfeited when an inmate violates Department rules. A major disciplinary rule violation constitutes a breach of trust.

1.3 Earned Release Credits may be forfeited when an inmate:

1.3.1 Commits an act of assault.

1.3.2 Endangers another's life.

1.3.3 Disregards Department and/or county jail rules and regulations with violence or intent to do harm.

1.3.4 Escapes or attempts to escape from county jail custody.

1.4 The Director may, upon receiving notification from the county Sheriff that the inmate has committed a serious (major) rule violation while in county custody, forfeit release credits earned on presentence incarceration credit (jail credit) up to the date of violation for inmates with offense dates on or after October 1, 1978, when an inmate:

1.4.1 Commits an assault.

1.4.2 Endangers another’s life.

1.4.3 Disregards County Jail rules and regulations by committing an act of violence or intent to do harm to another person.

1.4.4 Escapes from County Jail custody.

1.5 The Disciplinary Hearing Officer may recommend the forfeiture of release credits if an inmate is found guilty of a major rule violation, in accordance with Department Order #803, Inmate Discipline System and pursuant to ARS 31-251, 31-252, 41-1604.07 and 41-1604.10. Prior to the hearing, the Discipline Coordinator shall:

1.5.1 Request a calculation of all release credits earned up to the date of the violation by accessing the AIMS Release Date Calculation screen and entering the violation date after the inmate's number.

1.5.2 Request a written verification of all release credits earned up to the date of the violation from the TCU if the release date calculation is a manual calculation.

1.5.3 Complete sections I and II of the Request for Verification of Release Credits, Form 1002-20P, and forward it to the Disciplinary Hearing Officer.

1.6 To recommend the forfeiture of release credits, the Disciplinary Hearing Officer shall:

1.6.1 Prepare a forfeiture packet, which includes the Request for Verification of Release Credits, Results of Disciplinary Hearing form and Inmate Disciplinary Report form.

1.6.2 Forward the packet to the Warden or Deputy Warden.

1.6.2.1 If the inmate was released to supervision prior to the institutional process being completed, the packet shall be forwarded to Community Supervision Bureau Administrator.

1.6.2.2 At a private prison, a Department staff member may be designated to review disciplinary actions.

1.6.3 If the inmate is pending Sexually Violent Person review, electronically notify the Sex Offender Coordination Unit of the recommended forfeiture of release credits.

1.7 The Warden, Deputy Warden or designated staff member may modify downward or disapprove the recommended disciplinary action, or return the packet to the Disciplinary Hearing Officer for additional information or reconsideration of the recommended action. If the decision is to accept the findings, the Warden, Deputy Warden or designated staff member shall hold the packet pending appeal.

1.7.1 If the inmate does not appeal the findings, the Warden, Deputy Warden or designated staff member shall forward the packet to the TCU within five workdays following the completion of the five day appeal period.

1.7.2 If the inmate appeals the findings, the Warden, Deputy Warden or designated staff member may uphold or dismiss the case, or modify the penalties.

1.7.2.1 If the findings (including the Recommendation for Forfeiture of Release Credits) are upheld, the Warden, Deputy Warden or designated staff member shall hold the packet pending appeal to the Disciplinary Appeals Officer.

1.7.2.2 If the findings are not upheld or the Recommendation for Forfeiture of Release Credits is vacated, the Warden, Deputy Warden or designated staff member shall return the forfeiture packet to the Disciplinary Hearing Officer with the appeal decision.

1.7.3 If the inmate appeals the decision/findings from section 1002.03, 1.7.2.1, the Warden, Deputy Warden or designated staff member shall forward the packet to the Disciplinary Appeals Officer within five workdays of receipt of the appeal.

1.8 The Appeals Officer may uphold or dismiss the findings, or modify the penalties.

1.8.1 If the findings (including the Recommendation for Forfeiture of Release Credits) are upheld, the Appeals Officer shall forward the packet to the TCU within five work days of the decision.

1.8.2 If the findings are not upheld or the Recommendation for Forfeiture of Release Credits is vacated, the Disciplinary Appeals Officer shall return the forfeiture packet to the Disciplinary Hearing Officer with the appeal decision.

1.9 Within 15 work days of receiving the packet, the TCU shall:

1.9.1 Ensure that the inmate has earned sufficient release credits for the requested forfeiture and complete sections III and IV of the Request for Verification of Release Credits.

1.9.1.1 If the forfeiture is for a releasee, determine if the releasee would still be eligible to be on a release if the forfeiture is approved.

1.9.1.2 If the inmate is pending Sexually Violent Person review, electronically notify the Sex Offender Coordination Unit, who shall determine if the forfeiture will affect the Sexually Violent Person review process.

1.9.2 Annotate the AIMS Offender Comments Screen to indicate that the forfeiture is pending.

1.9.3 Return the packet to the Disciplinary Hearing Officer if corrections are needed.

1.9.4 Prepare the appropriate Forfeiture of Release Credits letter (Attachment A) for signature by the Director or designee.

1.9.5 Forward the completed packet to the Director or designee.

1.10 Denied Recommendations - If the Director or designee denies the recommended forfeiture, the forfeiture packet shall be returned to the Disciplinary Hearing Officer.

1.11 Approved/Modified Recommendations - If the Director or designee approves and/or modifies the recommended forfeiture, the Director or designee shall sign the letter and return the forfeiture packet to the TCU, who shall:

1.11.1 Update AIMS to reflect the recalculation of release eligibility dates.

1.11.2 Advise the Institution Offender Information Unit of the new release dates via message router if the inmate is within 30 days of a release date at the time the forfeiture is approved.

1.11.3 Notify the Community Supervision Bureau of new recalculated dates for a releasee still eligible to remain on release status.

1.11.3.1 When an approved forfeiture results in a releasee becoming ineligible for release, the Community Supervision Bureau shall be responsible for returning the releasee to custody.

1.11.4 Place a copy of the approved forfeiture in the Master Record File.

1.11.5 Within 15 work days of receipt, send a copy of the approved forfeiture to the inmate/releasee and the Institution Offender Information Unit or the Community Supervision Bureau.

1.12 Administrative Forfeiture of Release Credits

1.12.1 An inmate shall forfeit five days of earned release credits if:

1.12.1.1    The inmate is found guilty of testing positive for a prohibited drug or refuses to submit to a urinalysis.

1.12.1.2    The inmate is found guilty of the possession of any drugs, narcotics, or non-medically approved stimulants or depressants.

1.12.1.3   A Court finds, or a disciplinary hearing held after review by and recommendation from the Attorney General’s Office determines, that the inmate:

1.12.1.3.1    Brings a claim without substantial justification.

1.12.1.3.2    Unreasonably expands or delays a proceeding.

1.12.1.3.3    Testifies falsely or otherwise presents false information or material to the Court.

1.12.1.3.4    Submits a claim that is intended solely to harass the party it is filed against.

1.12.2    If an inmate does not have five days of earned release credits, the inmate shall forfeit the existing release credits and shall not be eligible to accrue earned release credits until the number of release credits which would have been accrued equals the difference between the five days and the number of existing earned release credits the inmate forfeits.

1.12.3    Release credits, which have been administratively forfeited, shall not be subject to restoration.

1002.04 RESTORATION OF FORFEITED RELEASE CREDITS - Effective June 1, 2000, an inmate who has been validated as a member of a Security Threat Group, in accordance with Department Order #806, Security Threat Group (STGs), and who has refused to renounce their membership shall not be eligible for a restoration of forfeited time credits.

1.1 Group I, II or Group A Violations - An inmate, whose release credits were forfeited as a result of a disciplinary violation, shall be eligible to apply for restoration of release credits one year from the date of being found guilty of a disciplinary violation, if the inmate meets the criteria as outlined in section 1002.02, 1.1.1 through 1.1.4.3.

1.2 Group III, IV or Group B Violations - An inmate, whose release credits were forfeited as a result of a disciplinary violation, shall be eligible to apply for restoration of release credits six months from the date of being found guilty of a disciplinary violation, if the inmate meets the criteria outlined in section 1002.02, 1.2.1 through 1.2.4.3.

1.3 An inmate requesting restoration of forfeited release credits shall:

1.3.1 Complete an Application for Restoration of Forfeited Release Credits, Form 1002-8P.

1.3.2 Attach a copy of the forfeiture letter, if applicable, which indicates immediate eligibility to apply for a restoration.

1.3.3 Submit the completed application to the assigned Correctional Officer III.

1.4 The Correctional Officer III shall sign and date the application when received.

1.4.1 The Correctional Officer III shall, if he/she determines that the inmate is:

1.4.1.1 Ineligible, complete the applicable sections of Level I of the Recommendation for Restoration of Forfeited Release Credits, and include the reason(s) the inmate is ineligible.

1.4.1.2 Eligible, complete the Level I section of a Recommendation for Restoration of Forfeited Release Credits, Form 1002-6P, to include the number of credits forfeited, the recommended number of credits to be restored and the dates for the following actions and/or sections of the form:

1.4.1.2.1 Applicable disciplinary actions.

1.4.1.2.2 Number of release credits forfeited.

1.4.1.2.3 Previous restoration denials.

1.4.1.2.4 Classification status.

1.4.1.2.5 Eligibility Criteria.

1.4.1.2.6 A brief progress report.

1.4.2 The Correctional Officer III shall:

1.4.2.1 Forward the form and the inmate's application form to the Warden or Deputy Warden within ten workdays of receipt of the application.

1.4.2.2 If the inmate is pending Sexually Violent Person review, electronically notify the Sex Offender Coordination Unit of the application for Restoration of Forfeited Release Credits.

1.5 The Warden or Deputy Warden may indicate agreement with the Correctional Officer III's recommendation to deny the application by completing Level II of the form and ensuring that copies of the denied Recommendation for Restoration of Forfeited Release Credits form are sent to:

1.5.1 The inmate, through the assigned Correctional Officer III.

1.5.2 The Institution Offender Information Unit.

1.5.3 The Offender Services Bureau for inclusion in the Master Record File.

1.6 The Warden or Deputy Warden may indicate disagreement with the Correctional Officer III's recommendation to deny the application in the Level II comments section of the form and return it to the Correctional Officer III for completion of the Level I section of the form.

1.7 Upon receipt of the packet, the Warden or Deputy Warden shall complete the Level II section, recommending restoration, to include the number of release credits recommended for restoration and shall forward the complete packet, with all forms attached, to the TCU within five work days of receipt.

1.8 Within ten work days of receipt, the TCU shall:

1.8.1 Determine the effect that the restoration would have on the inmate's release eligibility dates.

1.8.2 Ensure that the restoration does not place the inmate less than 30 days from a release date and, when applicable, modify the restoration request to ensure that the inmate is not within 30 days of a release date.

1.8.3 If the inmate is pending Sexually Violent Person review, electronically notify the Sex Offender Coordination Unit, who shall determine if the restoration of release credits will affect the Sexually Violent Person review process.

1.8.4 Complete Level III of the Recommendation for Restoration of Forfeited Release Credits and indicate release credits available for restoration if the restoration request places the inmate within 30 days of a release date.

1.8.5 Forward the packet to the Director or designee.

1.9 The Director or designee shall:

1.9.1 Approve or deny the restoration of forfeited release credits, indicate the number of release credits to be restored on the Recommendation for Restoration of Forfeited Release Credits, sign and date the form.

1.9.2 Forward the packet to the TCU within ten workdays of receipt of the packet.

1.10 Process for Restoration of Forfeited Release Credits for Releasees - Unless otherwise specified by the Director or designee, a releasee may apply for Restoration of Forfeited Release Credits for the purpose of receiving an Absolute Discharge.

1.10.1 A releasee requesting the restoration of forfeited release credits shall complete an Application for Restoration of Forfeited Release Credits and submit the completed application to the Parole Officer.

1.10.1.1 A releasee, with a date of offense on or after January 1, 1994, is not eligible to apply for a restoration of forfeited release credits. This is due to the sentence of imprisonment being completed as of the Earned Release Credit Date, which begins the term of Community Supervision imposed by the court.

1.10.2 The Parole Officer shall sign and date the application when received and, upon determination that the releasee is eligible, complete the Level I section of a Recommendation for Restoration of Forfeited Release Credits, to include the number of credits forfeited, the recommended number of credits to be restored and the dates for the following actions and/or sections of the form as outlined in 1.4.1.1.1 through 1.4.1.1.3 of this section.

1.10.3 If the Parole Officer determines that the releasee is ineligible, he/she shall complete the applicable sections of Level I of the Recommendation for Restoration of Forfeited Release Credits, to include the reason(s) the releasee is ineligible, and forward the form and the application to the Community Supervision Bureau Administrator within ten work days of receipt of the application.

1.10.4 The Community Supervision Bureau Administrator may indicate agreement with the Parole Officer's recommendation to deny the application by completing Level II of the Recommendation for Restoration of Forfeited Release Credits, and ensure that copies of the denied recommendation form are sent to:

1.10.4.1 The releasee, through the Parole Officer.

1.10.4.2 The Community Supervision Bureau Case File.

1.10.4.3 The Offender Services Bureau for inclusion in the Master Record file.

1.10.5 The Community Supervision Bureau Administrator may indicate disagreement with the Parole Officer's recommendation to deny the application in the comments section of Level II of the form and return it to the Parole Officer for completion of the Level I section of the form.

1.10.6 Upon receipt of the packet, the Community Supervision Bureau Administrator shall sign and make a recommendation in the Level II section of the form. If restoration is recommended, the number of release credits recommended for restoration, shall be indicated and the signed form with the application shall be forwarded to the TCU within five work days of receipt.

1.10.7 Within ten work days of receipt, the TCU shall:

1.10.7.1 Determine the effect that the restoration would have on the releasee's release eligibility dates.

1.10.7.2 Complete Level III of the Recommendation for Restoration of Forfeited Release Credits and indicate the release credits available for restoration.

1.10.7.3 Forward the packet to the Director or designee.

1.10.8 The Director or designee shall:

1.10.8.1 Approve or deny the restoration of forfeited release credits and indicate the number of release credits to be restored on the Recommendation for Restoration of Forfeited Release Credits form, when applicable, then sign and date the form.

1.10.8.2 Forward the packet to the TCU within ten workdays of receipt of the packet.

1.11 Approved Restoration Request - The TCU shall, within ten work days of receipt of an approval, provide recalculated release dates and a copy of the restoration approval to:

1.11.1 The Offender Services Bureau, Offender Information Unit.

1.11.2 The Institution Offender Information Unit or the Community Supervision Bureau.

1.11.2.1 The Institution Offender Information Unit shall provide copies of the recalculated release dates and the restoration approval to the inmate through the assigned Correctional Officer III.

1.11.2.2 The Community Corrections Division shall provide copies of the recalculated release dates and the restoration approval to the releasee through the assigned Parole Officer.

1.12 Denied Restoration Request - The TCU shall, within ten work days of receipt, send a copy of the denied Recommendation for Restoration of Forfeited Release Credits to:

1.12.1 The Offender Services Bureau, Offender Information Unit.

1.12.2 The Institution Offender Information Unit or the Community Supervision Bureau.

1.12.2.1 The Institution Offender Information Unit shall provide a copy of the denied restoration request to the inmate through the assigned Correctional Officer III.

1.12.2.2 The Community Supervision Bureau shall provide a copy of the denied restoration request to the releasee through the assigned Parole Officer.

1.13 Resubmission - When an Application for Restoration of Forfeited Release Credits is denied, or if a partial restoration of forfeited release credits is approved, an inmate or releasee may submit a new application. The inmate/releasee shall meet the criteria and timeframes established in sections 1002.04, 1.1 and 1.2.

1002.05 BOARD OF EXECUTIVE CLEMENCY RELEASES

1.1 The certification process for Board releases shall be initiated seven months before the statutory requirement for Regular Parole and Work Furlough eligibility, to ensure that eligible inmates, if approved, are released as close to their full 90-day Temporary Release eligibility date or as close to their Parole/Work Furlough eligibility date as possible.

1.2 Inmates with a date of offense prior to September 27, 1990, who meet all criteria and have served four months of their imposed sentence for Work Furlough shall be certified within 19 months of their parole eligibility date.

1.3 Inmates with a date of offense between September 27, 1990 and December 31, 1993, who meet all criteria and have served four months of their imposed sentence for Work Furlough shall be certified within 17 months of their parole eligibility date.

1.4 The Offender Services Bureau Administrator shall ensure that the TCU identifies each inmate eligible for a Board release.

1.5 The TCU shall determine each inmate's eligibility according to the eligibility criteria specified.

1.6 Inmates who are eligible shall be recommended for Work Furlough only after their prescribed mandatory minimum sentence has been served.

1.7 A certification list shall be prepared for all inmates eligible for Board releases and shall be submitted to the Director or designee for review and approval.

1.8 Upon approval by the Director or designee, the TCU shall forward the list to the Board and the institution. (Department copies shall be sent by AIMS message router.)

1.9 Institution staff shall notify inmates of their eligibility within 20 days of the Department's certification.

1.10 If the release is granted by the Board, the inmate shall agree to and sign a Conditions of Supervision and Release, Form 1002-3P or 1002-3PS, if Hispanic. The Board may revoke the release of an inmate who violates the Conditions of Supervision and Release.

1.11 When a Board release is denied, the inmate shall be recertified in four months to be heard six months from the date of denial, if still eligible.

1.11.1 For inmates with a date of offense between July 1, 1984 and December 31, 1993, the Board may stipulate that these inmates shall not be recertified for a period of up to one year.

1.12 The Department shall request the Board to rescind an approved release if the inmate commits and is found guilty of a major disciplinary violation, or until the pending major disciplinary action is complete.

1.13 Inmates granted a Board release shall be supervised by the Community Corrections Division in accordance with Department Order #1003, Community Supervision.

1002.06 CRITERIA FOR BOARD OF EXECUTIVE CLEMENCY RELEASES

1.1 Parole, Parole to United States Immigration and Naturalization Service Detainer, Absolute Discharge - Parole eligibility dates shall be calculated in accordance with the provisions of the committing offense and the laws in effect at the time the offense was committed.

1.1.1 Inmates with a date of offense prior to August 9, 1974, shall be parole eligible at one-third the minimum sentence imposed without double-time and statutory good time credit deductions, providing one calendar year has been served.

1.1.2 A first time offender, with a date of offense prior to August 9, 1974, with a minimum sentence of less than two years or who is serving a mandatory minimum sentence for parole, shall have time credit deductions applied for determination of parole eligibility date.

1.1.3 Inmates with a date of offense between August 9, 1974 and October 1, 1978, shall be parole eligible after serving one-third of their maximum sentence without benefit of time credit deductions, but not less than one calendar year; or when the inmate has less than 60 days left before the expiration of the minimum sentence, whichever is less.

1.1.4 Inmates with a date of offense between October 1, 1978 and December 31, 1993 shall be parole eligible at one-half or two-thirds of the sentence imposed. The length of the sentence imposed, the committing offense and Arizona Revised Statute determine the parole eligibility date.

1.1.4.1 The parole eligibility date shall be extended by one day for each day served in Class III or IV for offenses committed between July 21, 1979 and December 31, 1993.

1.1.5 Effective October 1, 1990, an inmate who is in a parole eligible class shall be certified as eligible for Parole five months prior to the parole eligibility date.

1.1.5.1 An inmate who is certified for Parole and Absolute Discharge pursuant to ARS 31-412 (A) shall also be certified for Home Arrest.

1.1.5.2 An inmate shall be required to remain in a parole eligible classification from the date of the certification until the date of release on parole.

1.1.5.3 The entire parole process shall be rescinded when an inmate with a date of offense between September 27, 1990 and December 31, 1993, is placed in a non-eligible classification status.

1.1.6 Inmates heard for parole pursuant to ARS 31-412 and subsequently denied shall be resubmitted to the Board as follows:

1.1.6.1 An inmate whose date of offense is prior to noon October 1, 1978 shall be certified eligible for a rehearing six months from the date of denial or refusal to appear.

1.1.6.2 An inmate whose date of offense is between noon October 1, 1978 and December 31, 1993 shall be recertified by the Director four months from the month of denial or the refusal to appear, to be heard in six months from the denial or the refusal to appear.

1.1.6.2.1 The Board may specify that the inmate not be recertified for a period of up to one year after the hearing for offenses committed between July 1, 1984 and December 31, 1993.

1.1.6.3 In extenuating circumstances, the Director may recertify inmates whose date of offense is between October 1, 1978 and December 31, 1993 as early as one month from the date parole was denied. Requests shall be forwarded to the Offender Services Bureau Administrator for approval.

1.1.7 An inmate who is granted Parole pursuant to ARS 31-412 (B) (Parole to Detainer) shall be recertified for Parole pursuant to ARS 31-412 (A) six months from the date of the grant and shall continue to earn release credits until granted Parole pursuant to ARS 31-412 (A) or until the inmate reaches another release type.

1.1.8 An inmate who is approved for Parole shall be supervised by the Department until completion of sentence, ERCD or Absolute Discharge. A recalculation of the time computation shall be completed for an inmate released on parole for:

1.1.8.1 A parole expiration with dates of offense prior to August 13, 1986.

1.1.8.2 An ERCD with a date of offense between August 13, 1986 and December 31, 1993.

1.1.9 An inmate released on Parole status shall not be eligible to earn release credits.

1.1.10 An inmate whose date of offense is between August 13, 1986 and December 31, 1993, and who reaches the ERCD shall be terminated from parole supervision and shall not be under the authority of the Board, but shall be subject to revocation of the ERCD release by the Department, until their sentence expiration date.

1.2 Parole to Consecutive Sentence/Parole to Tried/Untried Detainer/Absolute Discharge - Pursuant to ARS 31-412 (B), inmates may be certified for parole to another jurisdiction or to a consecutive sentence in accordance with the provisions of their committing offense and the laws in effect at the time the offense was committed.

1.2.1 An inmate serving a sentence with a consecutive sentence to serve and whose date of offense is between August 13, 1986 and December 31, 1993 shall not be entitled to deduction of release credits. In the event that Parole to the consecutive sentence is not granted, the entire sentence shall be served prior to beginning the consecutive sentence.

1.2.2 Once an inmate is granted parole to a consecutive sentence, the two sentences become concurrent, and the longer sentence shall be the ruling sentence for release eligibility.

1.2.2.1 The parole shall be effective upon the parole eligibility date unless the parole eligibility date is past; then it shall be the ruling sentence on the Board hearing date.

1.2.3 An inmate who has a date of offense prior to January 1, 1994 and has not attempted to or had final disposition of an untried detainer shall not be certified for parole consideration until final disposition has been made.

1.2.4 An inmate who has an untried detainer issued from a non-signatory state shall be considered for certification upon proof of attempt of disposition.

1.3 Absolute Discharge

1.3.1 The Board may grant an Absolute Discharge, pursuant to ARS 31-411 and 31-414, if an inmate has been certified Parole eligible.

1.3.1.1 If an Absolute Discharge is granted, it shall be effective on the parole eligibility date.

1.3.1.2 If an inmate is past the parole eligibility date, the Board shall specify the effective date of the Absolute Discharge.

1.3.1.3 The Offender Services shall complete a Certificate of Absolute Discharge, Form 1002-21, and forward it to the Director or designee for signature.

1.3.1.4 After the approving authority has signed the Certificate of Absolute Discharge, the Offender Services Bureau, Offender Information Unit Supervisor shall prepare a cover letter advising the inmate of the process for restoration of civil rights, send the certificate and letter to the inmate and file a copy of the certificate in the inmate's Master Record File.

1.3.2 An Arizona parolee who has been on continuous supervision for a minimum of one year shall be eligible for consideration of an Absolute Discharge, in accordance with the Board procedures.

1.3.2.1 All Parolees may submit an application for an Absolute Discharge on their own behalf.

1.3.2.2 Upon the request by the Board, the Parole Officer shall verify information regarding the offender’s compliance with the conditions of supervision and progress while under supervision. No recommendations shall be made. The information shall be submitted through the chain-of-command to the Assistant Director for Community Corrections for review.

1.3.2.3 The Assistant Director for Community Corrections or designee shall submit the report to the Board. The Board shall:

1.3.2.3.1 Have sole discretion to grant or deny an Absolute Discharge.

1.3.2.3.2 Notify the Community Corrections Division of the decision.

1.3.2.4 If an Absolute Discharge is granted, section 1002.06, 1.3.1.4 shall be followed.

1.3.3 A parolee may request a Certificate of Absolute Discharge upon completion of the sentence(s) imposed.

1.3.3.1 The Request for Absolute Discharge shall be in writing and may be requested by:

1.3.3.1.1 The parolee.

1.3.3.1.2 The parolee's parole officer.

1.3.3.1.3 The parolee’s attorney.

1.3.3.2 The Offender Services Bureau Administrator shall ensure that a Certificate of Absolute Discharge is issued when requested by an eligible individual.

1.3.3.3 Upon receipt of the written Request for an Absolute Discharge, the Offender Services Bureau, Offender Information Unit Supervisor shall:

1.3.3.3.1 Verify that the sentence(s) have been completed.

1.3.3.3.2 If applicable, verify that court ordered restitution has been paid prior to the issuing the Absolute Discharge certificate, unless the offender is scheduled to begin a term of county probation.

1.3.3.3.3 Prepare a Certificate of Absolute Discharge, and a cover letter advising the parolee of the process for restoration of civil rights.

1.3.3.3.4 Send the certificate and letter to the requestor and file a copy in the Master Record File.

1.3.4 When an offender has a term of probation to serve, and if the offender’s term of probation is equal to or exceeds the offender’s SED, the Director shall issue the offender an absolute discharge on the offender’s ERCD. The Department shall not supervise the offender, nor is the offender under the control of the Department.

1.4 Emergency Parole (Early parole) - Suspends the normal parole eligibility as set forth in ARS 31-411 and 41-1604.09.

1.4.1 An inmate with a date of offense prior to September 27, 1990 shall be eligible for Emergency Parole, if the inmate:

1.4.1.1 Was sentenced for a Class 4, 5 or 6 felony, not involving the use or exhibition of a deadly weapon or dangerous instrument or the infliction of serious physical injury pursuant to ARS 13-604.

1.4.1.2 Has not been previously convicted of a felony.

1.4.1.3 Does not have a consecutive sentence.

1.4.2 An inmate with a date of offense prior to September 27, 1990, who has served six months of the imposed sentence and has not been convicted of a sexual offense, shall also be eligible for Work Furlough and Home Arrest.

1.4.3 An inmate with a date of offense between September 27, 1990 and December 31, 1993 shall be eligible for Emergency Parole if the inmate has served not less than six months of the sentence imposed by the court, and meets the criteria outlined in 1.4.1.1 through 1.4.1.3 above.

1.4.4 Inmates certified for Emergency Parole shall be continuously eligible for Emergency Parole, Home Arrest or Work Furlough.

1.5 Work Furlough - Is a Board granted work release program for inmates who are within 14 and 12 months of parole eligibility.

1.5.1 Inmates with a date of offense prior to September 27, 1990, pursuant to ARS41-1604.11C, who are within 14 months before, but not within six months of, the parole eligibility date or have been certified as eligible for Emergency Parole shall be eligible for Work Furlough certification, if the inmate:

1.5.1.1 Has served a minimum of six months of the imposed sentence prior to release.

1.5.1.2 Has a Public Risk Score of 2 or less and an Institutional Risk Score of 3 or less.

1.5.1.3 Has been in an earning Class I or II status from the date of certification until released on Work Furlough.

1.5.1.4 Does not have any detainers, wants or warrants.

1.5.1.5 Has not been certified as eligible for Parole pursuant to ARS 31-411 or 31-233.

1.5.2 Inmates with a date of offense between September 27, 1990 and December 31, 1993 who are within 12 months before, but not within six months of, the parole eligibility date or have been certified as eligible for Emergency Parole shall be eligible for Work Furlough if the inmate:

1.5.2.1 Meets the eligibility criteria outlined in section 1002.06, 1.5.1.1 through 1.5.1.5.

1.5.2.2 Has not been convicted of a sexual offense.

1.5.3 Inmates shall be subject to the release conditions imposed by the statute under which they were originally sentenced. Inmates shall first serve the required time or portion of their sentence prior to being eligible for release on Work Furlough.

1.5.4 Inmates who have been found to be dangerous or repetitive offenders, pursuant to ARS 13-604, shall serve their prescribed mandatory sentence before being eligible for Work Furlough.

1.5.5 If the inmate does not remain in a parole eligible classification until the date of release, the entire Work Furlough process shall be rescinded.

1.5.6 If the inmate's Public Risk/Institutional Risk Score is reduced to a 2/3, the Central Office Classification Unit shall notify the TCU to review the inmate for Work Furlough eligibility.

1.6 Home Arrest - Is a conditional, discretionary release, requiring electronic monitoring that is granted to eligible inmates by the Board. The inmate shall be eligible for certification in conjunction with ARS 41-1604.11, Emergency (Early) Parole (K); Work Furlough (C), and/or ARS 31-412, Parole (A), except that inmates convicted of sexual offenses shall only be eligible in conjunction with parole.

1.6.1 An inmate whose date of offense is prior to September 27, 1990, who does not have detainers or warrants and meets the following criteria shall be eligible for Home Arrest, provided the inmate has:

1.6.1.1 Been certified as eligible for Emergency Parole based on the criteria as outlined in section 1002.06, 1.4.1.1 through 1.4.2.

1.6.1.2 Served one year of the sentence imposed.

1.6.1.3 Violated parole only by the commission of a technical violation that was not chargeable or indictable as a criminal offense.

1.6.2 An inmate whose date of offense is between September 27, 1990 and December 31, 1993, who has served not less than six months of the imposed sentence, does not have any consecutive sentences, detainers or warrants and who meets the criteria outlined in section 1002.06, 1.6.1.1 through 1.6.1.3, shall be eligible for Home Arrest.

1.6.3 An inmate eligible for Work Furlough is also eligible for Home Arrest.

1.6.4 An inmate eligible for Parole pursuant to ARS 31-412A is also eligible for Home Arrest.

1002.07     RESCISSION OF A BOARD OF EXECUTIVE CLEMENCY ACTION

1.1 The Department may request a rescission of a Board action:

1.1.1 Based on an inmate's placement in a non-eligible earning class prior to release on Parole.

1.1.2 When the inmate commits or is charged with a major disciplinary violation pursuant to Department Order #803, Inmate Discipline System.

1.1.3 When information available to the Board was inaccurate or incomplete when the release was granted.

1.1.4 When an inmate violates Federal, State, County, Municipal, or Tribal Criminal Law.

1.1.5 For inmates on Work Furlough, Home Arrest and Temporary Release who remain in the parole class eligibility system.

1.2 The Department shall request a rescission for inmates with a date of offense between September 27, 1990 and December 31, 1993, who are placed in a non-eligible class prior to release on Parole, Work Furlough or Home Arrest.

1.3 The Department shall not request a rescission for inmates who have been granted Emergency Parole and were subsequently placed in Class III.

1.4 A Warden may detain an inmate who is pending a major disciplinary violation until the outcome of the disciplinary hearing, to determine whether a rescission will be requested.

1.4.1 The Disciplinary Hearing Officer shall notify the inmate's assigned Correctional Officer III that the inmate is pending a major disciplinary violation, within one work day of the infraction.

1.4.2 The inmate's Correctional Officer III shall, within one work day of receipt of the notification:

1.4.2.1 Review the AIMS screen to determine if the inmate has been granted a release.

1.4.2.2 If the inmate was granted a release, notify the Disciplinary Coordinator and the Institution Offender Information Unit of the pending major disciplinary violation.

1.4.2.2.1 The Disciplinary Coordinator shall note that the inmate is pending a release in accordance with the instructions on the Inmate Disciplinary Report - section III.

1.4.2.2.2 The institution Offender Information Unit shall notify Community Corrections if the release process has already been initiated.

1.4.2.3 Monitor the outcome of the disciplinary action.

1.4.3 Within three work days of the completion of the disciplinary hearing, the Disciplinary Hearing Officer or the Coordinator shall notify the assigned Correctional Officer III of the findings.

1.4.4 The Disciplinary Hearing Officer shall forward the packet to the Warden or Deputy Warden. The Warden or Deputy Warden:

1.4.4.1 May modify downward or disapprove the recommended disciplinary action.

1.4.4.2 May return the packet to the Disciplinary Hearing Officer for additional information or reconsideration of the recommended action.

1.4.4.3 Shall hold the packet pending appeal, if the decision is to accept the findings.

1.4.5 If the inmate is found guilty and does not appeal the findings, the Correctional Officer III shall, within three workdays, complete 1.5.1.1 through 1.5.1.3 of this section.

1.4.6 If the inmate is found guilty and does appeal the outcome, the Disciplinary Hearing Officer shall flag the appeal packet advising the Disciplinary Appeals Officer that the inmate is pending release and notify the inmate's Correctional Officer III of the appeal.

1.4.7 The appeal packet shall be forwarded to the Appeals Officer by inter- departmental mail within two workdays of receipt of the Appeal of Disciplinary Charge Form.

1.4.8 The Appeals Officer shall:

1.4.8.1 Process appeals by inmates pending release within ten workdays of receipt of the appeal packet.

1.4.8.2 Notify the inmate's Correctional Officer III by AIMS message router of the outcome of the appeal.

1.4.8.3 If the disciplinary violation is dismissed, annotate the appropriate AIMS screen that the disciplinary violation has been dismissed, the case number and the date.

1.4.8.4 If the disciplinary violation remains a major violation, return the appeal packet (flagged pending release), with their decision, to the Disciplinary Coordinator by inter-departmental mail within two work days of notifying the Correctional Officer III. The Coordinator shall forward the packet to the Correctional Officer III.

1.4.9 Upon receipt of the appeal packet the Correctional Officer III shall complete the required documentation as outlined in 1.5.1.1 through 1.5.1.3 of this section.

1.5 Request for Rescission - Institution

1.5.1 Within three work days of receipt of documentation from the Disciplinary Hearing Officer or other evidence that a rescission may be requested, the inmate's Correctional Officer III shall:

1.5.1.1 Complete the Request for Rescission, Form 1002-12P.

1.5.1.2 Attach required documentation to the request, which shall include:

1.5.1.2.1 A copy of all disciplinary forms and/or other documentation that a rescission may be requested.

1.5.1.2.2 A legible list of all documents, items or real evidence and witnesses who shall be called against the inmate at the rescission hearing.

1.5.1.3 Submit the packet to the Correctional Officer IV.

1.5.2 Within two workdays, the Correctional Officer IV shall sign and forward the Request for Rescission packet to the Warden.

1.5.3 If the inmate's date of offense is prior to September 27, 1990, the Warden may approve or deny the request for rescission.

1.5.3.1 If the request is denied, refer to section 1002.07, 1.6 and 1.7.

1.5.3.2 If the request is approved, forward the packet to the TCU, within two workdays.

1.5.4 If the inmate's date of offense is between September 27, 1990 and December 31, 1993, rescission is statutorily mandated. The Warden shall sign the Request for Rescission and forward the packet to the TCU within two workdays.

1.5.5 Upon receipt of the Request for Rescission, the Warden shall ensure that the inmate is held pending completion of the rescission process and not transferred to release status, regardless of whether all other conditions required prior to release have been met.

1.5.6 Within two workdays, the TCU shall complete the time computation verification and forward the request packet to the Deputy Director for Prison Operations or designee.

1.5.7 Within two work days, the Deputy Director for Prison Operations or designee shall approve or deny the request for rescission subject to the following guidelines:

1.5.7.1 If the inmate's date of offense is prior to September 27, 1990, approve or deny the request for rescission and return the packet to the TCU for distribution.

1.5.7.2 If the inmate's date of offense is between September 27, 1990 and December 31, 1993, and the inmate has been granted parole and subsequently placed in a non-eligible earning class, the Deputy Director for Prison Operations or designee may approve or disapprove the class placement. If the Deputy Director for Prison Operations or designee:

1.5.7.2.1 Approves the non-eligible class placement, the rescission packet shall be forwarded to the TCU for distribution.

1.5.7.2.2 Disapproves the non-eligible class placement, the request for rescission may be denied and the packet returned to the TCU.

1.5.8 Within two work days of receipt of the rescission packet, the TCU shall forward:

1.5.8.1 The Request for Rescission packet to the Board.

1.5.8.2 A copy of the request packet to the Institution Offender Information Unit.

1.5.8.3 A copy of the request packet to the Offender Services Bureau, Offender Information Unit.

1.5.9 Within one work day of receipt of the copy of the request packet, the Institution Offender Information Unit Supervisor shall ensure that staff forward a copy of the request packet to the inmate's Correctional Officer III and a Notification of Rights Re: Preliminary Rescission Hearing, for delivery to the inmate.

1.5.9.1 The inmate may waive his rights to a rescission hearing. The inmate may withdraw the waiver at any time before the waiver is approved.

1.5.9.2 Signed waivers shall be forwarded to the Board within two workdays of signing.

1.6 Denial at any Level - The request packet shall be returned, through the chain-of- command, to the Institution Offender Information Unit Supervisor at the inmate's current location.

1.6.1 If the request is denied at the institution level, the request packet shall be forwarded to the Institution Offender Information Unit. The Institution Offender Information Unit Supervisor shall ensure that the appropriate AIMS screen is annotated.

1.6.2 If the request is denied at a level other than the institution, the packet shall be forwarded to the TCU. The TCU shall annotate the appropriate AIMS screen and inform the Institution Offender Information Unit of the denial by AIMS message router.

1.7 A request by the Community Corrections Division for rescission for an inmate released on an administrative or board release, which will revert home arrest or work furlough to parole, shall be initiated by the Parole Officer using a Warrant of Arrest.

1002.08     CERTIFICATION PROCESS FOR ADMINISTRATIVE RELEASES

1.1 Each month, the TCU shall review the automated eligibility list of inmates who are within 180 days of an administrative release date and upon completion shall advise, by message router, all Institution Offender Information Units and Private Prisons of the availability of the list.

1.2 The Institution Offender Information Unit Supervisor shall ensure that the Correctional Officer III is notified of all inmates eligible for release.

1.3 Parole Officers shall track all inmates on their assigned caseload for eligibility for reversion to Administrative Release.

1002.09     CRITERIA FOR ADMINISTRATIVE RELEASE

1.1 Temporary Release - Inmates who are statutorily eligible pursuant to ARS 31-233 A or B or 41-1604.11 A or B, may be authorized by the Director for a supervised discretionary release for up to 90 days prior to a designated release, for purposes preparatory to a return to the community. The designated release date, which may include the projection of release credits/good time to be earned, shall be the ERCD, SED or the Parole, Work Furlough, Home Arrest, Mandatory Release (MR), Provisional Release (PR), Absolute Discharge or Community Supervision Date.

1.1.1 All inmates in an institution, private prison or Correctional Release Center who have been granted a release or Absolute Discharge by the Board, or who are eligible for an Administrative Release may be considered for a Temporary Release (TR) under the following criteria:

1.1.1.1 A date of offense on/after January 1, 1994 through July 12, 1995 (pursuant to Truth-in-Sentencing statutes), conviction of a Part I Violent Crime (see DEFINITIONS), until approximately 85% of the sentence imposed by the courts has been served, including credit for presentence incarceration, and 30 days or more of the sentence remains to be served before their ERCD.

1.1.1.1.1 Inmates with a date of offense on or after July 13, 1995 are not required to have 30 days to serve prior to release on an ERCD to be considered for a TR.

1.1.1.2 The inmate does not have a conviction for a sex offense and/or is not required to register as a sex offender by law.

1.1.1.3 The inmate's current Public Risk Score is three or below.

1.1.1.4 The inmate's current Institutional Risk Score is four or below. Under exceptional circumstances, inmates with an Institutional Risk Score of four may be considered and approved for a TR by the Assistant Director for Community Corrections.

1.1.1.5 Inmates who have had a previous revocation of release on the current commitment shall not be eligible for consideration of a TR.

1.1.2 Those offenders who are reverting from Home Arrest or Work Furlough to a Provisional or Mandatory release date shall be considered for a TR, unless their background includes a conviction for a sex offense.

1.1.3 Inmates with an offense date on/after January 1, 1994, (sentenced pursuant to Truth-in-Sentencing statutes) whose period of community supervision has been waived by the sentencing court and a term of probation imposed to begin immediately after the term of imprisonment shall not be eligible for a TR.

1.1.4 The Community Corrections Division may grant inmates who meet criteria pursuant to section 1002.09, 1.1.1 and 1.1.2 a TR to USINS or U.S. Marshal detainer.

1.1.4.1 Inmates whose release date falls on a weekend, holiday, or holiday weekend and who are not eligible for a TR may be released to a detainer on the Friday preceding the weekend or the day preceding a holiday, only upon the Community Corrections Division's approval and authorization.

1.1.5 Institution staff shall document the TR eligibility date on the Pre-release Information Sheet, Form 1001-2P, and include a notation if the inmate was convicted of a violent crime.

1.1.6 A release packet shall not be sent to the Community Supervision Bureau if the inmate does not meet eligibility requirements, as outlined in sections 1002.09, 1.1 through 1.1.3 and 1002.06, 1.1 through 1.1.6.3. This shall include inmates who have had their term of community supervision waived by the court.

1.1.7 The granting of a TR by the Department is a privilege, not a right of the inmate/offender. Final authorization for a TR shall be determined at the sole discretion of the Assistant Director for Community Corrections, contingent upon TCU verification of statutory eligibility.

1.1.7.1 In determining whether a TR is in the best interests of public protection and the State of Arizona, the Assistant Director for Community Corrections may consider the following information in deciding whether to grant or deny a TR for eligible inmates:

1.1.7.1.1 The inmate’s criminal history record, to include arrests (example: police and pre-sentence investigation reports, rap sheet, etc).

1.1.7.1.2 The inmate’s disciplinary history while in prison.

1.1.7.1.3 Any public input, to include responses to notification letters sent by the Department and/or Board to judges, prosecutors, victims and law enforcement agencies.

1.1.7.1.4 Other available information, which may affect public protection (example: any evidence of gang affiliations, past supervision revocations or convictions of a new offense while under supervision).

1.1.7.1.5 Federally mandated criteria.

1.1.8 The following criteria shall be met before release:

1.1.8.1 Inmates shall have an approved placement prior to being released on a TR.

1.1.8.2 Inmates who are out to court when they meet their TR eligibility date shall be returned to Department custody prior to being released on a TR.

1.1.9 The Warden or designee, at his/her sole discretion, retains the right to rescind an approved TR prior to the release of any inmate. The Warden or designee shall notify the Community Corrections Division if a TR is rescinded.

1.1.10 Inmates on TR status shall:

1.1.10.1 Be entitled to earn release credits, provided the inmate’s date of offense is prior to July 13, 1995. These credits shall be subject to forfeiture.

1.1.10.2 Be supervised by staff assigned to the Community Corrections Division.

1.1.10.3 Remain in the State of Arizona unless the Department has obtained permission from another state that is party to an Interstate Compact for the supervision of parolees and probationers. The Director or designee may determine that the issuance of such travel permit for supervision purposes is in the best interest of the inmate and of the public.

1.1.11 Inmates on TR who violate the terms of their release or the conditions of supervision may be returned to Department custody.

1.2 Mandatory Release (MR) - For inmates with a date of offense on or before August 7, 1985. An automatic administrative supervised release 180 days prior to the expiration of sentence, provided the inmate has served one calendar year of the sentence imposed, pursuant to ARS 31-411.

1.2.1 Inmates eligible for MR shall agree to standard and/or special conditions of supervision prior to their release from the institution. Parole Officers, in conjunction with the Parole/Field Services Supervisor, shall determine the special conditions of supervision for all mandatory release inmates.

1.2.2 If the inmate refuses to agree to the standard or special conditions of supervision, the inmate shall not be released from custody.

1.2.2.1 Instead, on the date the MR would have normally become effective, Classification staff shall assign the inmate to non-earning Class II status. The inmate shall serve the remainder of the sentence without earning release credits.

1.2.2.2 The inmate shall be eligible for parole consideration, but shall complete the unexpired portion of the sentence on a one-day for one-day basis.

1.2.3 An inmate who waives the 180 day MR shall not earn release credits while in Department custody.

1.2.4 An inmate released on a mandatory release shall not earn release credits.

1.3 Provisional Release (PR) - An administrative release which may be granted to eligible inmates who are within 180 calendar days of their SED or ERCD.

1.3.1 An inmate may be eligible for PR provided:

1.3.1.1 The date of offense occurred between August 7, 1985 and August 12, 1986, pursuant to ARS 31-411, and the inmate has served not less than one calendar year of the sentence(s) imposed to the SED.

1.3.1.2 The committing offense occurred between August 13, 1986 and December 31, 1993 and the inmate has served not less than one calendar year of the sentence(s) imposed to the ERCD.

1.3.1.3 The committing offense was not sexual assault, child molestation or dangerous crimes against children.

1.3.1.4 The current incarceration was not the result of a revocation of a release.

1.3.1.4.1 Inmates who have had a revocation of release status on the current incarceration shall serve a minimum of six months from the revocation date, unless the inmate was reinstated on the release.

1.3.1.5 The inmate has a Sexual Treatment Need Score of three or below.

1.3.1.6 The inmate has a Public Risk Score of three or below.

1.3.1.7 The inmate has an Institutional Risk Score of four or below.

1.3.1.7.1 Inmates with an Institutional Risk Score of four shall be reviewed and either approved or denied for a PR by the Offender Services Bureau Administrator.

1.3.1.7.2 Inmates who are denied a PR by the Offender Services Bureau Administrator due to an Institutional Risk Score of four shall automatically be eligible for an ERCD, if the Public Risk Score is a three or lower and the inmates have not had a release revocation within six months.

1.3.2 When an inmate refuses to sign standard or special conditions of release, refer to section 1.2.2 through 1.2.4 of this section.

1.3.3 An inmate who is denied parole and who meets the criteria for a PR shall agree to the conditions of supervision and shall, upon release, be under Department supervision. An inmate whose date of offense:

1.3.3.1 Is between August 7, 1985 and August 13, 1986, shall remain under supervision until completion of the sentence imposed, which includes deduction of applicable release credits.

1.3.3.2 Is between August 13,1986 and December 31, 1993, shall remain under supervision until the ERCD or Absolute Discharge. Upon reaching the ERCD or Absolute Discharge, the inmate shall no longer be under Department supervision.

1.3.4 The following categories of inmates shall not be eligible for a PR.

1.3.4.1 Inmates whose date of offense occurred prior to August 7, 1985.

1.3.4.2 Inmates with a Public Risk or Sexual Treatment Needs Score of four or higher or an Institutional Risk Score of five, as a result of an Institutional Classification Committee review, shall remain in institutional status until their SED unless released by other means.

1.3.4.3 The Offender Services Bureau Administrator may deny any inmate a PR, if it is determined that such denial is in the best interest of public safety. The denial, with stated reasons, shall be provided to the inmate.

1.3.4.4 The Assistant Director for Community Corrections may postpone or deny an inmate’s PR if it is determined that the inmate may be referred for a Sexually Violent Person review.

1.3.5 An inmate who is denied parole and does not meet the criteria for PR shall be released as follows:

1.3.5.1 Inmates whose date of offense is between August 7, 1985 and August 13, 1986 shall be released on the SED with deduction of release credits earned.

1.3.5.2 Inmates whose date of offense is between August 13, 1986 and December 31, 1993 and who meets ERCD criteria shall be released on the ERCD unless released by other means.

1.3.5.3 Inmates who do not meet ERCD criteria shall not be released until the SED, unless released by other means.

1.3.6 Within 20 workdays of the inmate's commitment to the Department, the TCU shall project the PR date for those inmates meeting the criteria.

1.3.6.1 When an inmate who is eligible for PR enters the Reception Center, the Initial Classification Committee (ICC) shall complete the Institutional Release Endorsement (IRE), Form 1002-22P, at the time of the inmate's initial classification.

1.3.6.2 The ICC shall submit the completed form to Central Classification for processing.

1.3.7 The inmate's Correctional Officer III shall complete the IRE form 150 days prior to the inmate's eligibility date for all inmates who meet the eligibility criteria.

1.3.7.1 The completed IRE shall be submitted to the unit Correctional Officer IV, assigned Correctional Officer III or designated ICC Chairperson.

1.3.7.2 The Correctional Officer IV of each unit shall ensure that the PR process is completed at each level and the inmate is notified if determined to be ineligible.

1.3.8 The Correctional Officer IV, or designated staff member at each institution, shall verify each eligible inmate's Correctional Classification Profile (CCP) 150 days prior to the release eligibility date and shall sign and submit the IRE for signature to the Warden or Deputy Warden.

1.3.8.1 If ineligible, the inmate shall remain in an institution until the inmate's ERCD or SED unless released by other means.

1.3.8.2 If a reclassification action occurs after the 150 day administrative review which changes the inmate status from eligible to ineligible, or requires the approval of the Offender Services Bureau Administrator, the Correctional Officer IV or designated staff member shall complete a new IRE at the time of the reclassification hearing.

1.3.8.3 The Correctional Officer IV or designated staff member shall complete the required sections of a new IRE. After signature of the Warden or Deputy Warden, attach and forward the IRE and Reclassification Score Sheet to Central Classification within five workdays. The Reclassification Score Sheet shall recommend a change in the CCP that meets the eligibility criteria and shall include a note of the change in eligibility in the comments section.

1.3.8.4 Central Classification shall verify the updated CCP and forward it to the TCU.

1.3.8.5 The TCU shall process the IRE form within five workdays and notify the institution by AIMS message router.

1.3.9 Within 30 days of Central Classification's receipt of the IRE form, the Offender Services Bureau Administrator shall ensure that:

1.3.9.1 Central Classification