Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.07 - Detection and Reporting

Current through Register 1525, July 5, 2024
(1) Any employee
			 may report a violation of the code of offenses and initiate the observation of
			 behavior process in accordance with the procedures set forth in 103 CMR 431.07.
			 The O.B.R. shall include a description of the incident, the specific rules(s)
			 violated, any unusual resident behavior, any staff witnesses, any physical
			 evidence and its disposition, any immediate action including the use of force,
			 the reporting staff member's signature, and the date and time of the
			 report.
(2)
Informal
			 Handling
. Informal handling of minor behavioral infractions is
			 encouraged where appropriate. Initiation of informal handling does not require
			 a written O.B.R. When an employee reasonably believes that formal handling of
			 inappropriate behavior is not necessary, the employee may issue a warning or
			 take other appropriate action and handle the matter informally. Informal
			 handling generally focuses on the immediate correction of an inappropriate
			 behavior (
e.g
. clean up a messy room, address a hygiene
			 problem, return to the unit if outside the unit without permission,
etc
.) Informal handling does not include the imposition of
			 room restriction. The employee may refer the matter to the resident's unit team
			 for resolution.
(3)
Formal Handling
.
(a)
			 Where informal handling is not appropriate, or where the resident has refused
			 to cooperate with informal handling, the employee shall write an O.B.R. and
			 forward it to the Shift Commander prior to the end of the employee's shift. The
			 O.B.R. shall conform with the requirements of 103 CMR 431.07(1).
(b) The Shift Commander shall review the
			 report and if necessary, refer the report back to the reporting staff person
			 for clarification. The Shift Commander may make further investigation if deemed
			 necessary. Any further investigation shall be commenced within 24 hours of the
			 time the violation is reported and in the absence of exceptional circumstances,
			 shall be completed without unreasonable delay. No further investigation should
			 be conducted by the employee who reported the incident. The Shift Commander
			 may:
1. Handle the matter informally in
			 consultation with the reporting staff person; or
2. Have the O.B.R. processed and forwarded to
			 the Behavior Review Committee.
(c) The Shift Commander may institute
			 pre-hearing restrictions as provided by
			 103 CMR
			 431.08.
(d) Once the O.B.R. has been processed, the
			 resident shall be provided with a copy of the O.B.R. within two working days of
			 the observed behavior or two working days after the completion of an
			 investigation that reveals the observation of behavior violation. The staff
			 person serving the O.B.R. on the resident shall indicate service and the
			 resident's acknowledgement or refusal of service. With the O.B.R., the resident
			 shall be provided the appropriate form for requesting representation,
			 witnesses, evidence and tape recording. The O.B.R. shall be forwarded to the
			 B.R.C. at the same time it is provided to the resident.
(e) In any case in which restitution or
			 compensation may be an appropriate sanction, the Superintendent or designee
			 shall provide the resident with an itemized list of damages or costs associated
			 with or resulting from the resident's misconduct. The itemized list of damages
			 shall be provided to the resident within a reasonable time, but not less than
			 24 hours before the proceeding before the B.R.C.
(f) The unit officer shall note in the unit
			 log the number of the O.B.R., the resident's name, the behavior observed, the
			 reporting officer, and any restrictions which were imposed. Any modifications
			 to a restriction shall also be noted in the unit log book.