WESTEFER v. SNYDER
725 F.Supp.2d 735 (2010)
United States District Court, S.D. Illinois.
July 20, 2010.
Ten-Point Plan (Plaintiffs' Exhibit 7) at 15-16.
The procedure for placing inmates at Tamms outlined in the Ten-Point Plan is functionally very similar to the procedure for placing inmates at the OSP that was reviewed by the United States Supreme Court for its adequacy under the Due Process Clause in Wilkinson. This is hardly surprising, of course, given that, as already has been noted, IDOC Director Randle, before assuming his current position, worked for the Ohio Department of Rehabilitation and Correction and was responsible for developing the procedures used to place inmates at the OSP that were found to be constitutionally adequate in Wilkinson. The Court turns first to the procedure for placing inmates in supermax confinement that was examined in Wilkinson. In that decision the United States Supreme Court outlined the procedure used by Ohio correctional personnel to place inmates at the OSP (called the "New Policy" in the opinion) in the following manner:
The New Policy appears to operate as follows: A classification review for OSP placement can occur either (1) upon entry into the prison system if the inmate was convicted of certain offenses, e.g., organized crime, or (2) during the term of incarceration if an inmate engages in specified conduct, e.g., leads a prison gang. The review process begins when a prison official prepares a "Security Designation Long Form" (Long Form). This three-page form details matters such as the inmate's recent violence, escape attempts, gang affiliation, underlying offense, and other pertinent details.
A three-member Classification Committee (Committee) convenes to review the proposed classification and to hold a hearing. At least 48 hours before the hearing, the inmate is provided with written notice summarizing the conduct or offense triggering the review. At the time of notice, the inmate also has access to the Long Form, which details why the review was initiated. The inmate may attend the hearing, may offer
any pertinent information, explanation and/or objections to [OSP] placement, and may submit a written statement.
He may not call witnesses.
If the Committee does not recommend OSP placement, the process terminates. If the Committee does recommend OSP placement, it documents the decision on a "Classification Committee Report" (CCR), setting forth the nature of the threat the inmate presents and the committee's reasons for the recommendation, as well as a summary of any information presented at the hearing. The Committee sends the completed CCR to the warden of the prison where the inmate is housed or, in the case of an inmate just entering the prison system, to another designated official.
If, after reviewing the CCR, the warden (or the designated official) disagrees and concludes that OSP is inappropriate, the process terminates and the inmate is not placed in OSP. If the warden agrees, he indicates his approval on the CCR, provides his reasons, and forwards the annotated CCR to the Bureau of Classification (Bureau) for a final decision. (The Bureau is a body of Ohio prison officials vested with final decisionmaking authority over all Ohio inmate assignments.) The annotated CCR is served upon the inmate, notifying him of the Committee's and warden's recommendations and reasons. The inmate has 15 days to file any objections with the Bureau.