Initial Process of Major Discipline Review
A. The Unit Manager or designee verbally informs the resident that his/her infraction is being recommended for a Major Discipline Review.
B. Staff promptly notify the Shift Coordinator of this recommendation. The Shift Coordinator immediately notifies the Superintendent or designee of the details of the incident.
C. 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.
D. Paragraphs A - C are consistent with American Correctional Association (ACA) Standards 3-JDF-3C-12 and 3-JTS-3C-12.
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.
1. This notice procedure shall be accomplished by giving the resident a copy of the Discipline Report Part 1 which includes the information in paragraph E above.
2. The Major Discipline Reviewer or designee also gives the resident notice of the time and place of the Review on the alleged conduct and of his/her right to be represented by a counselor, social worker or another resident of the resident’s choosing. The resident also will be informed at that time that he/she may retain a lawyer at his/her own expense to represent him/her before the Board.
3. Paragraph E is consistent with ACA Standards 3-JDF-3C-10; 3-JTS-3C-10; 3-JTS-3C-11; 3-JDF-3C-12 and 3-JTS-3C-14.
F. In all cases the resident receives a copy of the Discipline Report Part 1 prior to the Major Discipline Review Hearing. Paragraph F is consistent with ACA Standards 3-JDF-3C-10; 3-JTS-3C-10; 3-JTS-3C-11; 3-JDF-3C-12 and 3-JTS-3C-14.
G. 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 in accordance with DCYF Policy 1200.1307, Lock Up. Paragraph G is consistent with ACA Standards 3-JDF-3C-11; 3-JTS-3C-13; 3-JDF-3C-07 and 3-JTS-3C-07.
H. 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. Paragraph H is consistent with ACA Standards 3-JDF-3C-11 and 3-JTS-3C-13.
I. 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 5- day policy may occur unless the resident or his/her attorney requests it. The Major Discipline Reviewer approves requests for extensions. Paragraph I is consistent with ACA Standards 3-JDF-3C-13 and 3-JTS-3C-15.
J. 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, DCYF Policy 1200.1305, Behavior Report is implemented and the Major Discipline Review procedure is discontinued. Paragraph J is consistent with ACA Standards 3-JDF-3C-02 and 3-JTS-3C-02.
