(1) Any employee
may report a violation of the code of offenses and initiate the observation of
behavior process in accordance with the procedures set forth in 103 CMR 431.07.
The O.B.R. shall include a description of the incident, the specific rules(s)
violated, any unusual resident behavior, any staff witnesses, any physical
evidence and its disposition, any immediate action including the use of force,
the reporting staff member's signature, and the date and time of the
report.
(2)
Informal
Handling. Informal handling of minor behavioral infractions is
encouraged where appropriate. Initiation of informal handling does not require
a written O.B.R. When an employee reasonably believes that formal handling of
inappropriate behavior is not necessary, the employee may issue a warning or
take other appropriate action and handle the matter informally. Informal
handling generally focuses on the immediate correction of an inappropriate
behavior (e.g. clean up a messy room, address a hygiene
problem, return to the unit if outside the unit without permission,
etc.) Informal handling does not include the imposition of
room restriction. The employee may refer the matter to the resident's unit team
for resolution.
(3)
Formal Handling.
(a)
Where informal handling is not appropriate, or where the resident has refused
to cooperate with informal handling, the employee shall write an O.B.R. and
forward it to the Shift Commander prior to the end of the employee's shift. The
O.B.R. shall conform with the requirements of 103 CMR 431.07(1).
(b) The Shift Commander shall review the
report and if necessary, refer the report back to the reporting staff person
for clarification. The Shift Commander may make further investigation if deemed
necessary. Any further investigation shall be commenced within 24 hours of the
time the violation is reported and in the absence of exceptional circumstances,
shall be completed without unreasonable delay. No further investigation should
be conducted by the employee who reported the incident. The Shift Commander
may:
1. Handle the matter informally in
consultation with the reporting staff person; or
2. Have the O.B.R. processed and forwarded to
the Behavior Review Committee.
(c) The Shift Commander may institute
pre-hearing restrictions as provided by
103 CMR
431.08.
(d) Once the O.B.R. has been processed, the
resident shall be provided with a copy of the O.B.R. within two working days of
the observed behavior or two working days after the completion of an
investigation that reveals the observation of behavior violation. The staff
person serving the O.B.R. on the resident shall indicate service and the
resident's acknowledgement or refusal of service. With the O.B.R., the resident
shall be provided the appropriate form for requesting representation,
witnesses, evidence and tape recording. The O.B.R. shall be forwarded to the
B.R.C. at the same time it is provided to the resident.
(e) In any case in which restitution or
compensation may be an appropriate sanction, the Superintendent or designee
shall provide the resident with an itemized list of damages or costs associated
with or resulting from the resident's misconduct. The itemized list of damages
shall be provided to the resident within a reasonable time, but not less than
24 hours before the proceeding before the B.R.C.
(f) The unit officer shall note in the unit
log the number of the O.B.R., the resident's name, the behavior observed, the
reporting officer, and any restrictions which were imposed. Any modifications
to a restriction shall also be noted in the unit log book.
