Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.20 - Major Discipline

Current through June 14, 2024
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.