The department may consider any of the following factors when assigning inmate custody:
(1) The nature, number, and severity of each offense. In evaluating the nature and severity of an offense, the department may consider the following:
- (a) Potential of physical danger to another.
- (b) Harm done to the victim in the commission of the offense.
- (c) Whether the inmate exhibited physical aggressiveness that exposed another to harm.
- (d) Aggravating or mitigating factors in the commission of the offense.
- (e) Motivation for the offense.
- (2) Length of sentence being served.
- (3) Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.
- (4) Attitude regarding the offense and sentence.
- (5) Criminal record and juvenile delinquency adjudications.
- (6) Conduct and adjustment during current or prior confinements or community supervision.
- (7) Record of escape or walk away from an institution or a mental health facility or absconding from probation, parole, or extended supervision.
- (8) Security threat group incidents, activities, or affiliations.
- (9) Gender.
- (10) Age.
- (11) Medical, dental, and mental health status, including physical or psychological treatment and observation.
- (12) Risk to a victim, witness, general public, or inmate. In determining this risk, the department may consider the general public’s perception of the offense and the inmate.
- (13) Performance or refusal to participate in programs, treatment, or services associated with identified needs.
- (14) Pending legal process, notification, or detainer.
- (15) Parole commission actions, their stated expectations, and the likelihood of a release during the review period.
- (16) History or characteristics of predatory behavior towards others.
- (17) History or characteristics of vulnerability to hurt or harm by others.
- (18) The results of assessments or instruments developed to assist with the assignment of custody classification.
History
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.