New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.6 - Disciplinary review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Designation
				  of DRO. The facility director of each secure facility shall designate one or
				  more employees at salary grade level 18 or above as a DRO. The number of DROs
				  shall depend on the needs of the facility. The DRO assigned to review a rule
				  violation report shall not have been involved in the incident under
				  review.
(b) Procedures for
				  disciplinary review.
(1) Investigative
				  action. Upon receipt of a report alleging a violation of level II or level III
				  rules, the DRO shall review the report, collect and review other reports and
				  evidence and cause an appropriate investigation to be made to ascertain the
				  facts of the incident within 24 hours of the occurrence. The resident shall
				  have the opportunity to explain his/her behavior in a written statement which
				  shall be included in the documentation.
(2) Notification to the resident. Notice of
				  initiation of review of an alleged level II or level III rule violation shall
				  be provided to the resident within 24 hours of the incident.
(3) DRO decision. After considering the
				  seriousness of the alleged violation(s), the DRO shall refer the report or take
				  action as set forth in subparagraphs (i), (ii) and (iii) of this paragraph.
				  This process shall be completed within eight calendar days of the date of the
				  incident unless a written request for an extension is granted by the facility
				  director. The authorization for an extension shall be provided in writing and
				  cite the reason. In no case shall the facility director extend the timeframe
				  beyond 21 days from the date of the incident. If the alleged violation is
				  referred for a FDP, the authorization for extension shall be included in the
				  written record of the FDP.
(i) In cases where
				  the alleged violation does not constitute a violation of level II or level III
				  rules, the DRO shall return the report to the resident's living unit to be
				  addressed by unit staff.
(ii) Where
				  the alleged violation constitutes a level II rule violation, the DRO shall
				  issue the disposition, unless the penalty would warrant loss of good time for
				  juvenile offenders; a 30-120 day hold on a resident's release or transfer to a
				  lower level facility for juvenile delinquents; loss of privileges for more than
				  30 days; involuntary restitution; or facility service. The resident shall be
				  given a written notice of the DRO's determination. Prior to implementing any
				  privilege restriction, the reasons for the restriction shall be
				  explained.
(iii) Where the alleged
				  violation is a level III rule violation or a level II rule violation which may
				  warrant loss of good time (for juvenile offenders), a 30-120 day hold on
				  release or transfer to a lower level facility (for juvenile delinquents), loss
				  of privileges for more than 30 days, involuntary restitution or facility
				  service, the DRO shall refer the level II/III rule violation report for a FDP.
				  The resident shall be notified of the decision to hold a FDP and given a formal
				  written notice of charge(s) and the date scheduled for the FDP.