§ 96.6. Notification to the Board and certification.
(a) The Department will, in a manner agreed to between the Board and the Department, inform the Board when a defendant who is scheduled for parole review is serving an RRRI minimum sentence.
(b) For each defendant serving an RRRI minimum sentence, the Department will, in a manner agreed to between the Board and the Department, and if appropriate, certify to the Board that the following conditions have been met:
(1) The Department conducted an appropriate assessment of the treatment needs and risks of the defendant using Nationally-recognized assessment tools that have been normed and validated.
(2) The Department developed a program plan based upon the assessment that was designed to reduce the risk of recidivism through the use of RRRI programs authorized and approved under the act that were appropriate for the particular defendant.
(3) The Department advised the defendant that he was required to successfully complete the program plan.
(4) The defendant successfully completed all required RRRI programs or other programs designated in the program plan.
(5) The defendant maintained a good conduct record following imposition of the RRRI minimum sentence. For purposes of this paragraph, generally a defendant may be deemed to have maintained good conduct if he incurred no more than one Class 1 misconduct or two Class 2 misconducts while incarcerated with the Department. However, reviewing staff shall have discretion to certify or refuse to certify that a defendant maintained good conduct based upon the totality of the defendant’s conduct with the Department.
(6) The defendant continues to be an eligible offender.
(c) The Department will continue to monitor the factors in subsection (b) until the defendant has been actually released from custody and will notify the Board of any material change in one or more of the factors.
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