2.3.4. RISK ASSESSMENT AND CLASSIFICATION OF CONVICTED PERSONS Under the legislation of Georgia, these are the following categories of risks: low, average, increased, and high. Convicted persons of low risk are placed in low risk prison facilities; convicted persons of average risk – in a semi-open prison prisons; convicted persons of increased risk – in a closed type prison facility; and convicted persons of high risk – in high security prisons Convicted persons’ risks are assessed by the risk assessment team. The system of risk assessment of convicted persons is a significant challenge in the penitentiary system. In this regard, the problem exists in having no legal safeguards and in lack of a conducive approach to reducing inmates' risks in the risk assessment process. 2.3.5. ABSENCE OF LEGAL SAFEGUARDS IN THE RISK ASSESSMENT PROCESS It is problematic, in the context of legal safeguards of convicted persons in the risk assessment process, that the Georgian legislation60 does not lay down the obligation of penitentiary establishments to inform a prisoner during his/her first placement in an establishment about the risk assessment system. Similarly, the legislation does not lay down the right of convicted persons to be involved on their own motion in the risk assessment process and argue his position regarding the factors that can serve as the ground for determining the risk. It is noteworthy that the decision adopted by the risk assessment team concerning the specific category of risk determines the type of a prison facility in which a convict should serve punishment, to what extent his/her communication with the outside world and other rights should be restricted. Accordingly, the Special Preventive Group believes that it is necessary to afford the appropriate legal safeguards to convicted persons in the process of risk assessment, which will ensure the protection of convicted persons’ rights in the process.61 Furthermore, convicted persons should be informed about 60 Order no. 70 of the Minister of Corrections and Probation of Georgia of 9 July 2015 on Approving Types of a Convicted Person’s Risks, Risk Assessment Criteria, Procedure for Risk Assessment and Risk Reassessment, Terms and Procedure for Transferring A convicted Person to another Prison Facility of the Same or Other Type, Also the Procedure for Determining Activity and Authority of the Risk Assessment Team. 61 Under para. 32 of Recommendation CM/Rec(2014)3 of the Committee of Ministers to Member States concerning dangerous offenders, adopted by the Committee of Ministers on 19 February 2014, “offenders should be involved in assessment, and have information about the process and access to the conclusions of the assessment.” Under para. 20, “Anyone held for preventive reasons should be entitled to a written plan which provides opportunities for him or her to address the specific risk factors and other characteristics that contribute to their current classification as a dangerous offender.” 29