(a) The Warden or designee shall assign to an education staff member the responsibility
to coordinate the institution's literacy program. Initially, staff shall meet with the inmate for the purpose of enrolling the inmate
in the literacy program. Subsequently, staff shall formally interview each inmate involved in the literacy
program when necessary for the purpose of determining a progress assignment. Staff shall place documentation of these interviews in the inmate's education file.
(b)(1) For the purposes of 18 U.S.C. 3624, an inmate subject to the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA)
or the Prison Litigation Reform Act of 1995 (PLRA) shall be deemed to be making satisfactory
progress toward earning a GED credential or high school diploma unless and until the
inmate receives a progress assignment confirming that:
(i) The inmate refuses to enroll in the literacy program;
(ii) The inmate has been found to have committed a prohibited act that occurred in a literacy
program during the last 240 instructional hours of the inmate's most recent enrollment
in the literacy program; or
(iii) The inmate has withdrawn from the literacy program.
(2) When an inmate subject to VCCLEA or PLRA receives a progress assignment indicating
that the inmate is not making satisfactory progress, the assignment shall be changed
to indicate satisfactory progress only after the inmate is currently and continuously
enrolled in a literacy program for a minimum of 240 instructional hours. Any further withdrawal or finding that the inmate has committed a prohibited act
in a literacy program during the last 240 instructional hours of the inmate's most
recent enrollment in the literacy program shall result in a progress assignment indicating
that the inmate is again not making satisfactory progress (see paragraphs (b)(1)(ii)
and (iii) of this section).
(c) At the end of 240 instructional hours, excluding sick time, furloughs, or other absences
from scheduled classes, the unit team during scheduled program review sessions shall
meet with the inmate to encourage continued participation in the literacy program
until the inmate earns a GED credential or high school diploma. At these meetings, the inmate may elect not to continue in the literacy program,
and no disciplinary action will be taken. The inmate may not discontinue this program when participation is mandated by statute.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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