II. CANCELLATION: Policy Directive , dated 01 April 2005

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1 STATE OF WEST VIRGINIA DIVISION OF CORRECTIONS POLICY DIRECTIVE NUMBER: DATE: SUBJECT: Technical Parole Violators Second Chance Program AUTHORITY: WV Code ; ACA Standard I. POLICY: It is the policy of the West Virginia Division of Corrections to maintain a mechanism that allows St. Marys Correctional Center staff, Parole Officers, and other designated staff (as appropriate) to conduct a pilot project that deals with the possibility of some technical parole violators being released back into the community through an earlier parole hearing under this Second Chance Program, which is a Residential Substance Abuse Treatment Unit for Technical Parole Violators. The Second Chance Program will last twenty-four (24) weeks. II. CANCELLATION: Policy Directive , dated 01 April 2005 III. IV. DEFINITIONS: None APPLICABILITY: St. Marys Correctional Center staff, Parole Officers, and other designated staff (as appropriate). V. PROCEDURE: A. The Technical Parole Violators Second Chance Program, hereafter Second Chance Program (SCP), shall be under the direction of the St. Marys Correctional Center Second Chance Program Unit Manager who will report directly to the St. Marys Correctional Center Associate Warden of Programs. B. The Second Change Program is a pilot project undertaken in an effort to return technical parole violators to the community at the earliest possible time and maintain them therein. In addition, the Second Chance Program is a Residential Substance Abuse Treatment Unit (RSAT) for Technical Parole Violators. The focus of this twenty-four (24) week program is to attempt to rehabilitate selected inmates through intensive substance abuse therapy, cognitive restructuring, and educational training. C. Second Chance Unit Staff under the direction of the Unit Manager will conduct the selection of inmates for placement in the Second Chance Program. West Virginia Parole Board Members, Parole Officers, and Division of Corrections

2 Page 2 of 4 Unit Staff may issue referrals for eligible inmates to be placed in the program. On rare occasions and under special circumstances, the Second Chance Program may admit candidates who are not Technical Parole Violators but who have been recommended by the West Virginia Parole Board for participation in the Second Chance Program. D. Inmates that are housed at the Ohio County Correctional Complex who have been approved by the OCCC Administrator will be interviewed by the Second Chance Unit Staff for possible placement in the program. E. Selected Division of Corrections technical parole violators will undergo a thorough Second Chance Program Orientation upon their arrival at the St. Marys Correctional Center Second Chance Unit. They will also be required (in order to participate in the program) to sign a contract (Attachment #1) with the West Virginia Division of Corrections, which indicates that if they fulfill all the stipulations as outlined in the contract, they will be eligible to appear before the West Virginia Parole Board with the possibility of release on parole. F. If a selected inmate has a scheduled parole hearing, which is to occur earlier than the scheduled date for Second Chance graduates, the inmate must waive that hearing in order to take part in the program. G. All Second Chance Program inmates will be given a Second Chance Job Contract and will be subject to perform various work details as assigned by Unit Staff. H. All Second Chance Program inmates who have not achieved a GED or High School Diploma will be required to enroll in the GED Program through the St. Marys Correctional Center Education Department. I. All appropriate St. Marys Correctional Center services shall be afforded to the Second Chance Program inmates (services such as, but not limited to, the following: mail services, telephone privileges, religious services, medical services, etc.). J. All Second Chance Program inmates will be required to actively participate in the following programs: 1. Substance Abuse Therapy 2. AA/NA 3. Group Counseling 4. Thinking for a Change 5. All Assigned Educational Programs 6. Any other programs as directed by Unit Staff

3 Page 3 of 4 K. All Second Chance Program inmates will also be required to participate in individual counseling with the Unit Counselor/Case Manager and Substance Abuse Therapist when scheduled. L. Individual substance abuse counseling will be conducted by the Institutional Substance Abuse Therapist who will also conduct an assessment of each inmate s progress. M. All activities will operate in accordance with the St. Marys Correctional Center s daily operational schedule. All Second Chance Program Class Schedules will be established by Unit Staff and approved by the Unit Manager. N. All Second Chance Program inmates must abide by all institutional rules as set forth by the West Virginia Division of Corrections and the St. Marys Correctional Center. In the event that a Second Chance Program inmate is found guilty of a Class I or a Class II Rule Violation by the Correctional Hearing Officer, the inmate s Second Chance Contract will become null and void and subject the inmate to be transferred to another SMCC Housing Unit or to another WVDOC institution/facility/center. O. A Rule Violation that is reviewed by the Unit Disciplinary Committee may result in sanctions that include removal from the program. The Second Chance Program Unit Manager also has the authority to remove an inmate from the program for failing to participate, displaying a poor attitude, or threatening the cohesiveness of the unit. P. Unit Staff will submit a Performance Evaluation on each inmate that is graduated from the Second Chance Program to the members of the West Virginia Parole Board prior to the inmate s parole hearing. Q. In the event that an inmate successfully completes the Second Chance Program, but is denied parole, the inmate will be transferred to another St. Marys Correctional Center Housing Unit or another WVDOC institution/ facility/center. R. If a Second Chance inmate fails to complete the Second Chance Program while incarcerated at the St. Marys Correctional Center, or if a Second Chance inmate is released on parole and fails to complete his parole, he shall not be eligible for a transfer to a Level II or below institution/facility/ center until (if parole eligible) he has either appeared before the West Virginia Board of Probation and Parole or, if he waives his appearance, is past the date he would have appeared before the West Virginia Board of Probation and Parole for the

4 Page 4 of 4 first time after his failure to complete the Second Chance Program or was returned as a Second Chance Parole Violator. If the inmate is not parole eligible, he shall not be considered for a possible transfer to a Level II or below institution/facility/center until he is within six (6) months of discharge. APPROVED SIGNATURE: Jim Rubenstein, Commissioner Date

5 Attachment #1 SECOND CHANCE PROGRAM TECHNICAL PAROLE VIOLATOR (TPV) UNIT CONTRACT NAME DOC# has been selected to participate in the Technical Parole Violator Second Chance Program at the St. Marys Correctional Center. Based on the Cognitive Restructuring Module, this intensive program will last twenty-four (24) weeks beginning and ending. Upon successful completion of Technical Parole Violator Second Chance Program, the above-mentioned inmate will be scheduled to see the Parole Board on an accelerated schedule. In order to complete successfully the TPV Second Chance Program, inmate must adhere to all rules of the TPV Second Chance Unit as well as those of the St. Marys Correctional Center and the West Virginia Division of Corrections. A complete list of rules and regulations can be found in the orientation packet. Failure to comply with these rules and regulations will result in the inmate s immediate removal from the TPV Second Chance Program. I have read and understand all rules and regulations of the TPV Second Chance Program and agree to comply. Signature of Inmate DOC# Witness Signature of Unit Manager or Associate Warden of Programs