214 R.I. Code R. 214-RICR-60-00-1.20

Current through December 3, 2024

Section 214-RICR-60-00-1.20 - Major Discipline

1.20.1 Major Discipline Review

A. The Major Discipline Review process responds to serious resident infractions or allegations of serious resident infractions of the facility's rules.

B. Residents demonstrating the following behaviors may be subject to Major Discipline Review:

1. Bullying or extortion;

2. Refusing work assignments without good cause;

3. Physical assaults on other residents or staff;

4. Escape;

5. Destruction of property;

6. Theft;

7. Possession, use of, or selling drugs and/or contraband (which is anything illegal or anything that is specifically prohibited).

8. Failure to obey any reasonable and lawful staff command (including refusal to continue participation in any court mandated treatment, rehabilitation, or training programs that are established in the resident's Service Plan (Individual Treatment Plan), or educational programs in which attendance is mandated by the compulsory school attendance laws);

9. Using threatening language that would cause a reasonable person to be in fear of imminent physical harm;

10. Using gestures that are intended to provoke other residents and/or staff and would cause a reasonable person to be provoked; and

11. Any act in violation of the criminal laws of the State of Rhode Island.

C. The Unit Manager or designee verbally informs the resident that his/her infraction is being recommended for a Major Discipline Review.

D. The Superintendent or designee approves or disapproves the recommendation for a Major Discipline Review. If the Superintendent determines that a Major Discipline Review is warranted, the Shift Coordinator notifies the staff who submitted the request.

E. Staff notify the resident that a Major Discipline Review Board has been approved. The resident is entitled to timely written notice of the violation with which he/she is charged, the alleged conduct giving rise to the violation, including the date, time and place of the alleged conduct and reason for the proposed disciplinary procedure. This notice will be given as soon as possible but no later than the end of the shift in which the incident occurred unless the Superintendent approves an extension of that time frame.

F. If the Superintendent determines the resident is at risk for imminent harm to him/herself or others, the resident may be remanded to his/her room while maintaining all other basic entitlements.

G. In any instance in which a resident is remanded to his room prior to the hearing, the Review Board must occur within twenty-four hours of the incident unless the resident requests an extension to allow his/her attorney to be present at the hearing.

H. If there is no indication that the resident is at risk of imminent harm to him/herself or others, the Review Board hearing must occur with five (5) work days of the incident. No extension to the five (5) day policy may occur unless the resident or his/her attorney requests it.

I. If, during the period prior to the convening of the Review, the Unit Manager consults with the Superintendent or designee and determines that the alleged infraction may appropriately be addressed through a Behavior Report process and the Major Discipline Review procedure is discontinued.

1.20.2 Major Discipline Review Hearing

A. At the hearing the Major Discipline Reviewer reads and fully explains to the resident and his/her advocate the circumstances of the charge and/or reason for the Review. The Reviewer also informs the resident of his/her right to:

1. Be represented by an attorney, a social worker, another resident of his/her choosing or another community member or staff member of his/her choosing.

2. Retain or use an attorney to represent him/her at his/her own expense.

3. Admit, deny or remain silent regarding the stated charge(s).

4. Privately make an initial statement to admit or deny the charges to the Reviewer in the absence of witnesses and/or staff the resident or his/her advocate.

5. Disclosure of the evidence that will be presented against him/her during the Review hearing.

6. Present evidence on his/her behalf that includes witnesses and documentation.

7. Have all witnesses questioned in the presence of the resident. If the Reviewer finds that such questioning will jeopardize the physical safety of the witness, that witness may testify out of the presence of the resident, but in the presence of the resident's advocate when applicable.

8. Testify (although the resident is not required to do so). In all cases, the resident shall be advised that if she/he wishes to testify, anything she/he says may be considered by the Major Discipline Reviewer as well as in future court proceedings, if any. The reviewer does not consider the resident's decision not to testify as an admission or indication of guilt or wrongdoing.

9. Cross-examine any witnesses that the resident does not present. The resident can also compel the presence of staff or other residents as witnesses by requiring that the Superintendent or designee require their presence at the hearing.

10. The right to appeal the Review decisions and/or the imposed penalty to the Superintendent. All sanctions are suspended pending the outcome of the appeal.

B. All witnesses testify only in the presence of the Major Discipline Reviewer, the resident and the resident's advocate unless the Major Discipline Reviewer determines that such testimony jeopardizes the safety of the witness.

C. The Reviewer may exclude evidence that is cumulative or presented solely to harass or delay the Review.

D. The Reviewer's decision is based solely on information obtained during the hearing process; the burden of proof is on the Division to demonstrate by clear and convincing evidence that the resident violated the rules of behavior.

E. The Reviewer submits the decision in writing no later than two (2) days after the close of the Review.

1. The decision includes a brief summary of the evidence presented at the Review, the evidence that supports the finding(s) and the reasons for the decision and penalty imposed.

2. The decision affirms that the resident's disciplinary record was considered in arriving at the sanction as well as the manner in which the record review affected the imposed sanction.

3. The decision affirms that the resident's disciplinary history was not considered in determining guilt but only considered during the penalty phase of the Review.

F. If the resident is found guilty of the charge(s) his/her record may be used to determine the sanctions to be imposed.

1. The sanctions are consistent with the requirement for progressive discipline.

2. The resident's past discipline record is only considered after the Major Discipline reviewer determines that the resident is guilty of the charge(s). Further, the record can only be used to weigh the appropriateness of the sanctions.

3. When the resident's prior discipline record is used to determine penalties, the Reviewer discusses this in the presence of the resident and his/her advocate.

G. The resident and his/her advocate receive a copy of the written decision upon its completion.

H. Notification of the right to appeal is written on the face of the decision and provided verbally when the resident receives the written decision. The resident is also advised of the appeal procedure.

I. A copy of the written decision is placed in the resident's record in RICHIST.

J. At any point in the process, the Major Discipline Reviewer may make a referral for clinical intervention. As a result of a finding of guilty, the Major Reviewer may impose the following sanctions:

1. A warning and/or discussion with the resident regarding the incident.

2. A resident's participation in a restorative justice meeting with the person(s) who was adversely affected by the resident's actions. This may include reasonable restitution based on the resident's ability to pay and the value of the damaged property.

3. Loss of a resident's points on one shift.

4. Placing a resident in his/her room for a maximum of (1) hour.

5. Extra chores, homework, book reports, facility and public assignments for up to a maximum of five (5) days.

6. Sending a resident to his/her room before "lights-out" but not earlier than 8 PM (limited to one night for each incident; or one hour before the resident's customary bedtime).

7. Loss of a resident's points for one day.

8. Loss of the second scheduled weekly visit or any special visit for one week.

9. Loss of one (1) unit level.

10. Remanding a resident to his/her room for time periods not to exceed three (3) days.

1.20.3 Major Discipline Review Disposition and Appeal

A. Whether or not a resident appeals a Major Discipline Review decision, the Superintendent or designee reviews the Review disposition within seventy-two (72) hours and exerts a reasonable effort to conduct the review within twenty-four (24) hours of the decision. The purpose of such review is to determine:

1. If the outcome is appropriate and to revise the outcome if inappropriate.

2. Whether particular staff members are routinely or habitually initiating Major Discipline Review procedures in a manner or pattern which calls into question the appropriateness of the use of the Review procedures by such staff members.

B. If a resident requests an appeal to the decision(s) of a Major Discipline Review hearing, the Major Discipline Reviewer assists him/her.

C. Any sanctions imposed as a result of a Major Disciplinary Hearing are stayed until the conclusion of the appeal process.

D. The Superintendent or designee has the discretion to:

1. Veto Behavior Report Sanctions.

2. Veto Major Disciplinary Review hearing sanctions.

3. Intervene at any time during a Major Disciplinary Review Process.

4. Deny a resident's appeal.

5. Decrease, but not increase, any sanction imposed and must state the reasons for the exercise of such discretion in writing on the relevant discipline papers/records.

E. The Superintendent or designee notifies the resident in writing of the outcome of the appeal within twenty-four (24) hours of the resident's appeal.

1.20.4 Lock Up

A. A resident may be remanded to his/her room (Lock Up) for no more than 72 continuous hours pursuant to a Major Discipline Review Board.

B. Lock Up prior to the Major Discipline Board is only allowed in an emergency, which jeopardizes the safety and security by the Superintendent or Administrator on Call.

C. A resident may be remanded to Lock Up with or without privileges.

D. Staff ensure that Major Discipline Board decisions/penalties are implemented.

E. Staff monitor residents placed in their rooms on Lock Up status at fifteen (15) minute intervals.

F. As soon as possible, the unit Clinical Social Worker visits a resident who has been placed in Lock Up status and secure necessary psychiatric, counseling, clinical or educational services.

G. At least once per day while in Lock Up, a resident is seen by the unit Clinical Social Worker or other clinical staff.

H. Staff ensure that Lock Up time never exceeds the time that is ordered by the Major Discipline Board.

I. Staff ensure that all residents in Lock Up status are provided with at least the following:

1. Daily showers;

2. Hot meals served outside the resident's room;

3. Medical care;

4. Reasonable access to phones to contact attorneys, parents or guardians;

5. Mail privileges;

6. Religious observance;

7. Large muscle group exercise;

8. Visitation;

9. Writing materials;

10. Sufficient clothing;

11. Clean and sufficient bedding;

12. Personal hygiene supplies; and

13. Education, counseling, psychological and psychiatric services which are court ordered and/or part of the resident's Comprehensive Assessment/Individual Treatment Plan.

J. Staff ensure that residents on Lock Up status do not participate in off-grounds activities.

K. The Superintendent or designee reviews the status of residents confined to Lock Up daily.

L. The use of handcuffs on residents on Lock Up status is strictly prohibited as punishment and may only be used when necessary for safety reasons.

1.20.5 Restrictive Status

A. Restrictive status is a status of limited duration reserved for residents who cannot control their assaultive behavior or who present a danger to themselves or others.

B. No resident is administratively classified to restrictive status unless he/she has been found guilty of an institutional infraction involving contraband, assaultive behavior or unauthorized absence from the Training School.

C. For other serious infractions, such as destruction of property or larceny, other discipline procedures must have been tried and failed prior to classification to restrictive status.

D. Administrative Classification to Restrictive Status is approved by the Superintendent or designee.

E. Residents maintain the following rights during the period they are placed on Restrictive Status:

1. Residents attend school in a designated area.

2. Residents are provided with meals within their housing unit.

3. Residents may participate in daily gym and/or recreational activities.

4. Residents are provided with necessary hygiene products.

5. Residents may use the telephone.

6. Residents are allowed the minimum family visit.

7. Residents are provided treatment programming as specified in their service plan.

8. While on Restrictive Status, the clinical social worker from the sending unit will continue to serve as the resident's primary clinical social worker.

F. A weekly review by RITS staff is required while a resident is on Restrictive Status.

G. If a resident's placement on Restrictive Status exceeds fourteen (14) days, a full review of the treatment needs of the resident shall be promptly commenced, including a review of the clinical interventions proposed for the resident by the Clinical Director. The Superintendent's written approval shall be required for any placement on restrictive status that exceeds fourteen (14) days.

214 R.I. Code R. 214-RICR-60-00-1.20