N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-1.6

Current through Register Vol. 46, No. 53, December 31, 2024

Section 179-1.6 - Disciplinary review

(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.

(c) DRO dispositional options.

(1) The DRO may nullify the level II/III rule violation report if it was not properly issued or return the report to unit staff for correction.

(2) When the DRO determines that a level II rule violation(s) has occurred, one or more of the following dispositions may be imposed:

(i) A loss of one or more privileges for a specified maximum period not to exceed 30 days. A behavior improvement plan (BIP) shall be developed by unit staff.

(ii) Counseling and/or written reprimand.

(iii) Suspension of the imposition of a penalty for up to 60 days with counseling, pending demonstrated improved behavior. A BIP shall be developed by unit staff. If a resident fails to comply with the BIP, the matter may be returned to the DRO for imposition of the original penalty.

(d) Review of disciplinary review officer (DRO) disposition.

(1) The resident may, within three days of receipt of the disposition, make a written request to the facility director for a review of the disposition and provide the reason(s) why he/she disagrees with the disposition.

(2) The facility director or person acting in that capacity shall provide the resident with a written response within 14 days. The facility director's decision is final.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-1.6