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 179-4 - Resident Rules › Section 179-4.5 - Disciplinary rules

Current through Register Vol. 46, No. 28, July 10, 2024
Each behavior in this section is classified as a level I,
					 II, or III rule violation. If a behavior has more than one designation, it may
					 be classified at different levels, depending upon the specific
					 circumstances.
(01) Penal law offense.
III
1.0
Commission of, or an attempt to commit, any penal law
								offense is prohibited and may be referred to law enforcement agencies for
								prosecution in addition to sanctions imposed by the division.
(02) Fire setting and explosives.
III
2.1
Residents shall not start or attempt to start a fire,
								except within the context of program and with staff supervision.
III
2.2
Residents shall not cause or attempt to cause an
								explosion.
III
2.3
Residents shall not possess explosive devices or
								materials which can be used to make explosive devices.
(03) Assault and fighting (acts done on
								purpose and not accidentally).
III
3.1
Residents shall not assault, inflict or attempt to
								inflict bodily harm upon another resident, a staff member or any other
								person.
I,II,III
3.2
Residents shall not engage in fighting or in any
								violent conduct involving the threat of violence.
II
3.3
Residents shall not practice or instruct others in
								martial arts, sparring or self-defense techniques.
I,II
3.4
Residents shall not engage in sparring, wrestling,
								body-punching, or other forms of horseplay.
(04) Riot or inciting to riot, group or
								unauthorized organization disturbance.
III
4.1
Residents shall not conspire or take any action which
								is intended to or results in the takeover of any area of a facility/program,
								or, acting in a group, engage in any violent conduct or conduct involving the
								threat of violence.
III
4.2
Residents shall not engage with others in any violent
								conduct or conduct involving the threat of violence.
II,III
4.3
Residents shall not lead, organize, participate, or
								urge other residents to participate in actions which may be detrimental to the
								order of the facility/program.
I,II,III
4.4
Residents shall not, in conjunction with others,
								engage in conduct which disturbs the order of any part of the facility. This
								includes but is not limited to loud talking in cafeterias, program areas or
								hallways, talking after lights out, or playing of radios, televisions, tape
								players or musical instruments in a loud or improper manner.
III
4.5
Residents shall not engage in or encourage others to
								engage in unauthorized organizational activities or meetings; display, wear,
								possess, distribute, or use unauthorized organizational insignia or materials.
								An unauthorized organization is any gang or any organization which has not been
								approved by the deputy director for residential services.
I,II,III
4.6
Residents shall not engage in gang-related, or
								otherwise inappropriate hand, verbal, or written communication.
(05) Weapons.
III
5.0
Residents shall not make, possess, sell or exchange,
								or use any gun, firearm, ammunition; or any unauthorized use of a knife, razor,
								sharpened instrument, tool or other item which may be classified as a weapon in
								terms of use or appearance.
(06) Escape or AWOL.
II,III
6.1
Residents shall not escape, attempt to escape,
								conspire to or be an accessory to an escape from any division facility/program
								or division custody, or withhold information about an escape/AWOL.
I,II,III
6.2
Residents shall not exceed the authorized time limits
								of any authorized temporary absence.
III
6.3
Residents shall not exceed the authorized travel
								limits of any authorized temporary absence.
III
6.4
Residents shall not be absent without leave (AWOL),
								attempt to AWOL or be an accessory to an AWOL. A resident is AWOL when (s)he
								intentionally fails to return at or before the time prescribed for his/her
								return.
II
6.5
Residents shall comply with all conditions of their
								authorized temporary absence.
(07) Sex offenses.
III
7.1
Residents shall not engage in, encourage, solicit or
								attempt to force others to engage in sexual acts/gestures.
II,III
7.2
Residents shall not intentionally expose the private
								parts of their bodies.
I,II,III
7.3
Physical contact between residents, including but not
								limited to kissing, embracing or hand holding, is prohibited.
(08) Threats, witness tampering.
I,II,III
8.1
Residents shall not, under any circumstances, make
								any threat (spoken, in writing or by gesture) to any person.
III
8.2
Residents shall not tamper with or threaten witnesses
								or informants in any investigation.
(09) Bribery.
III
9.0
Residents shall not bribe or extort, or attempt to
								bribe or extort any person.
(10) Contraband.
I,II,III
10.1
Residents shall not possess any item not expressly
								permitted. Any item not permitted is contraband.
II,III
10.2
Residents shall not alter any permitted item so as to
								change its original intent or purpose.
II,III
10.3
Residents shall not possess unauthorized
								security-related equipment such as keys, vehicular keys, communication devices
								or restraint equipment.
III
10.4
Residents shall not be in possession of any article
								or paraphernalia which gives reasonable grounds to believe escape is
								planned.
II,III
10.5
Residents shall not make, use, possess, sell or
								exchange, or be under the influence of any alcoholic beverage or intoxicant.
								Possession, sale or exchange of yeast or any other fermenting agent is
								prohibited.
II,III
10.6
Residents shall not make, use, possess, sell or
								exchange, or be under the influence of any narcotic, narcotic paraphernalia, or
								controlled substance.
II,III
10.7
Residents shall not possess outdated or unauthorized
								types or quantities of medication, nor shall they sell or exchange any
								medication.
I,II,III
10.8
Residents shall not be in possession of money, credit
								cards, phone cards, checks or other unauthorized valuables or property.
								(
Note:
This rule does nor apply to community-based
								facilities/programs.)
I,II,III
10.9
Residents shall not be in possession of tools,
								culinary instruments or other items that may be considered weapons without
								authorization. These items shall be used only within the context of program and
								with staff supervision.
I,II,III
10.10
Residents shall not possess tobacco products.
I,II
10.11
Residents shall not be in possession of State issue
								clothing or bedding in excess of what is allowed. The altering of State issue
								clothing or bedding is prohibited.
I,II,III
10.12
Residents shall not use or possess authorized items
								in unauthorized areas.
(11) Smuggling.
II,III
11.0
Residents shall not smuggle or attempt to smuggle or
								solicit others to smuggle any item into or out of the facility/program or from
								one facility/program area to another.
(12) Interference with staff.
II,III
12.1
Residents shall not engage in any behavior (physical
								or verbal) which interferes with staff in the performance of their duties,
								interferes with the secure and orderly operation of the facility and/or which
								may result in injury to staff or residents.
II,III
12.2
Residents shall not verbally obstruct staff at any
								time.
I,II,III
12.3
Residents shall not harass staff or any other person
								verbally or in writing.
I,II,III
12.4
Residents shall not direct insolent, abusive and/or
								obscene language and sexual gestures to staff or any other person.
I,II,III
12.5
Residents shall not commit an unhygienic act such as
								spitting, urinating or defecating on the floor or any other area, or throwing
								urine or feces, or in the case of female residents, throwing sanitary
								items.
(13) Tampering.
II,III
13.0
Residents shall not alter, tamper with or attempt to
								repair security devices. Residents shall not alter, rewire, tamper with or
								attempt to repair electrical outlets, electrical devices, fire safety devices,
								safety equipment or any other device/equipment without proper
								authorization.
(14) Destruction or theft of
								property.
II,III
14.1
Residents shall not steal, misuse, destroy or
								intentionally damage any property belonging to others, or possess any stolen
								property.
I,II,III
14.2
Residents shall not willfully destroy, steal, lose,
								misuse, intentionally damage or waste any type of State property.
(15) Persistent pattern of
								infractions.
II,III
15.1
Residents who engage in a persistent pattern of
								infractions and who have not responded to sanctions imposed through the
								resident youth development system may be charged with a level II or level III
								rule violation.
II
15.2
A persistent pattern of behavior that interferes with
								the program and/or with other residents' ability to participate in
								program.
(16) False alarms.
II,III
16.0
Residents shall not set off a false fire alarm or
								falsely report fires, emergencies, disturbances or other threats to
								facility/program safety.
(17) Failure to obey a direct order.
I,II,III
17.0
Residents shall follow all direct orders from
								staff.
(18) Gambling.
I,II
18.0
Gambling in any form is prohibited.
(19) Facility counts.
II,III
19.0
Residents shall cooperate fully with all
								facility/program count procedures and not interfere with or otherwise disrupt
								staff who are taking a count.
(20) Lending, borrowing, selling,
								trading, buying.
I,II
20.0
Residents shall not borrow, sell, lend, trade, or
								purchase items for or from other residents or staff.
(21) Tattooing, mutilation.
I,II,III
21.0
Residents shall not tattoo or mutilate their bodies
								or engage in tattooing or mutilating another person's body.