Each facility shall develop and implement a written resident
discipline plan that provides for the fair and consistent application
of resident rules and sanctions. The resident discipline plan shall
include, at a minimum, the following:
(1) resident rule violations categorized into minor
infractions and major violations as well as the corresponding sanctions
available to staff. Minor infractions shall be limited to those rules
which do not represent serious behavior against persons or property
and behavior that does not pose a serious threat to facility order
and safety. Major violations shall be limited to those rules which
constitute serious behavior against persons or property and behavior
that poses a serious threat to facility order and safety;
(2) provisions to ensure that rule infractions or resident
behaviors which constitute probable cause for a class B misdemeanor
offense or above shall be referred to the law enforcement agency with
jurisdiction for possible investigation and/or prosecution;
(3) a listing of prohibited sanctions for residents
that includes at least:
(A) corporal punishment;
(B) humiliating punishment including verbal harassment
of a sexual nature or that relates to a resident's sexual orientation
or gender identity;
(C) allowing or directing one resident to sanction
another;
(D) group punishment for the acts of individuals;
(E) deprivation or modification of required meals and
snacks;
(F) deprivation of clean and appropriate clothing;
(G) deprivation or intentional disruption of scheduled
sleeping opportunities;
(H) deprivation or intentional delay of medical or
mental health services;
(I) physical exercise imposed for the purposes of compliance,
intimidation, or discipline with the exception of practices allowed
in §355.710 of this title; and
(J) placement in a locked area or room during disciplinary
restriction or disciplinary separation;
(4) provisions that a resident shall be provided written
notice of the alleged major rule violation against him or her no more
than 24 hours after the violation;
(5) provisions for an informal process for residents
to resolve conflict with rule infractions and the corresponding sanctions,
if the facility chooses to employ such a process. This process shall
include established guidelines that provide instruction for residents
and staff in using this informal process to review and resolve resident
concerns. In no case shall a resident be sanctioned or retaliated
against for electing to forego the informal disciplinary review process
when they are eligible for formal disciplinary reviews;
(6) provisions for disciplinary reviews for major rule
violations, including established requirements for when to initiate
formal disciplinary reviews and any ensuing appeals; and
(7) provisions for the administrative review and closure
of formal disciplinary reviews and appeals that are not disposed of
prior to a resident's discharge from the facility.
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