| (a) Each facility shall develop and implement a written
resident discipline plan that provides for the fair and consistent
application of resident rules and sanctions.
(b) The plan shall:
(1) categorize resident rule violations as minor violations
and major violations and list the corresponding sanctions available
for each violation. If the discipline plan allows for repeated minor
rule violations to be considered a major rule violation, the discipline
plan shall:
(A) specify how many minor rule violations constitute
a major rule violation;
(B) define a repeated violation as one that occurs
within the same calendar day as the first violation; and
(C) specify the sanctions available for repeated minor
violations;
(2) require a referral to law enforcement for resident
behaviors that constitute probable cause for a class B misdemeanor
or above;
(3) prohibit the following:
(A) corporal punishment;
(B) humiliating punishment, including verbal harassment;
(C) allowing or directing one resident to sanction
another resident;
(D) group punishment for the acts of individuals;
(E) deprivation or modification of required meals and
snacks;
(F) deviation from normal food service procedures,
except as allowed by §343.308 of this title;
(G) deprivation of clean and appropriate clothing;
(H) deprivation or intentional disruption of scheduled
sleeping opportunities;
(I) deprivation or intentional delay of medical or
mental health services;
(J) physical exercises imposed for compliance, intimidation,
or discipline with the exception of practices allowed in §343.710
of this title; and
(K) denial of the following as a disciplinary sanction:
(i) the right to visitation as specified in §343.352(b)
of this title;
(ii) the right to send mail as specified in §343.360(a)
and §343.364 of this title;
(iii) the right to receive mail;
(iv) the right to participate in large muscle exercise
as specified in §343.498(b)(1) and §343.680(b)(1) of this
title;
(v) the right to receive required educational programming;
and
(vi) the right to participate in religious services
or to receive religious counseling;
(4) require written notice of an alleged major rule
violation to be provided to the resident no more than 24 hours after
the violation;
(5) explain the process for conducting reviews of major
rule violations and any ensuing appeals, as required by §§343.276,
343.280, and 343.282 of this title;
(6) not deny or restrict a formal disciplinary review
or appeal when one is requested by a resident with eligible standing;
and
(7) require an administrative review and closure of
formal disciplinary reviews or appeals that are not resolved before
the resident is released from the facility.
(c) The resident discipline plan may also include
an informal disciplinary review process to resolve rule violations.
If used, the informal process shall include:
(1) guidelines that describe how residents and staff
use the process to review and resolve resident concerns;
(2) a requirement for the staff member conducting the
informal review to allow the resident to be heard before a decision
is made to impose a sanction; and
(3) a prohibition on issuing a sanction to or retaliating
against a resident who chooses to forego the informal disciplinary
review process in favor of a formal disciplinary review.
|
| Source Note: The provisions of this §343.274 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850 |
