Staff Development and Training

1. Volunteer Training Offender Rules & Regulations ADULT DISCIPLINARY POLICY & CODE OF CONDUCT FOR STUDENTS Staff Development and Training

2. PERFORMANCE OBJECTIVES • Identify 4 levels of offenses according to the Adult Disciplinary Policy. • Identify how to utilize a “Warning” for Class C & Class D Minor Offenses (Adults). • Identify the deadline for submitting an Informal Conduct Report. • Identify the deadline for submitting a Report of Conduct. • Distinguish between a Minor and a Major Violation according to the Code of Conduct for Students. • Identify appropriate forms to use when documenting a Minor or Major Violation.

3. PERFORMANCE OBJECTIVES Identify two classifications of major violations according to the Code of Conduct for Students. 8. Identify due process rights afforded offenders and students in disciplinary hearings. 9. Identify disciplinary sanctions that may be imposed. 10. Identify disciplinary sanctions that may not be imposed.

4. PURPOSE It is the objective of the Indiana Department of Correction to develop reasonable rules and regulations that are designed to encourage offenders committed to the Department to respect the rights of others and to encourage self-control, self-discipline, and assist offenders and students with community reintegration.

5. GENERAL PRINCIPLES • Disciplinary action shall be taken when and to the degree that is necessary to manage the offender’s/student’s behavior within acceptable limits. • Offender/student behavior shall be managed in an impartial manner. • Disciplinary action shall not be retaliatory or for the purpose of revenge.

6. GENERAL PRINCIPLES • Corporal punishment of any kind is strictly prohibited. • An offender/student shall be afforded a hearing prior to determination of guilt or innocence or prior to the imposition of any disciplinary action, except for an “Informal Conduct Report” for adults or a Minor Violation Report for juveniles. • Disciplinary sanctions shall be logged, dated, and signed by staff ordering the sanction(s), including room restrictions, suspensions of privileges or other restrictions.

7. Class A Class B Class C Class D 100s 200s 300s 400s OFFENSES (Adults) Offenses are grouped into 4 severity classes: MOST LEAST

8. CLASS C OR D MINOR OFFENSES “WARNING” Staff may give an offender a warning for a Class C or D Minor Offense.

9. INFORMAL CONDUCT REPORT (Adults)(STATE FORM 39589) • Used to document Class “C” or “D” offenses when the offender admits responsibility for an action. • Must be completed prior to the end of the staff person’s shift on the day of the incident whenever possible, and in no case later than 24 hours after the alleged offense. • Destroyed (after review by Unit Management Team) when sanctions are completed, unless offender fails to complete the agreement

10. INFORMAL CONDUCT REPORT (Adults)(STATE FORM 39589) • Used to document Class “C” or “D” offenses when the offender admits responsibility for an action. • Completed prior to the end of the staff person’s shift on the day of the incident whenever possible, and in no case, later than 24 hours after the alleged offense. • Destroyed (after review by Unit Management Team) when sanctions are completed, unless offender fails to complete the agreement.

11. REPORT OF CONDUCT (Adults)(STATE FORM 39590) • Used when staff witnesses or has reason to believe that a rule violation has occurred and an Informal Conduct Report is not appropriate. • When an offender has refused to sign a completed Informal Conduct Report or fails to complete the assigned sanction, a Conduct Report, Code 347, “Refusing an Order” may be written. • Completed by the end of the reporting staff person’s shift whenever possible and submitted to immediate supervisor within 24 hours of the incident or knowledge of the incident.

12. MINOR VIOLATION (Student)(STATE FORM 7982) • Student behavior that can be addressed informally. • Must be written prior to the end of an employee’s shift.

13. Reasons for Minor Violations • Making insulting, disrespectful, or derogatory • remarks, gestures, or acts to or about any person • Misrepresentations or lying to staff • Careless misuse of any machinery, tools, • equipment or property • Horseplay: wrestling, rough contact, or • roughhousing between youths that rises to the • level of an incident but is not considered assault • by staff • Out-of-place within the facility/work study • program • Failure to follow facility guidelines and rules • Arguing - involved in a heated discussion, staff • is able to neutralize • Loaning, borrowing, or trading any property • without staff permission

14. TIME OUT/ROOM RESTRICTION (Student - STATE FORM 21168) • During room restriction or time out, visual contact with the student must be made and documented by staff every 15 minutes. • Room restriction or time out • shall not exceed 60 minutes.

15. JUVENILE CONDUCT REPORT (JCR)(STATE FORM 34078) Conduct Reports must be written within 24 hours of the occurrence unless the Facility Head or designee determines that an investigation of the alleged violation is needed.

16. Classes of Major Violations (Students) • Class A: • Assault • Criminal Act • Fighting • Escape/Walk-Away/ • AWOL • Rioting • Trafficking • Nonconsensual Sexual • Act Against a Visitor • Nonconsensual Sexual • Act Against Another • Student • Nonconsensual Sexual • Act Against Staff • Threatening/ • Intimidating • Destruction of Property • Theft • Fleeing/Resisting • Abusive Sexual Contact • Against Staff, Visitor, • Another Student • Sexual Conduct

17. Classes of Major Violations (Students) • Class B: • False Reporting • Failure to Comply • Contraband/Prohibited • Property • Sexual Contact • (kissing, hugging • handholding)

18. Students & Due Process • Students have the right to: • Remain silent • A speedy hearing • Call witnesses in his/her behalf • Request a staff person as lay advocate • Confront accusers and/or witnesses • Written charges against him/her

19. Students & Disciplinary Hearings • Disciplinary Hearing: • Impartial staff (minimum 3 staff) • Within seven (7) working days from • date/time Conduct Report screened for • students not in restrictive housing • Within 72 hours from date/time Conduct • Report screened for students in restrictive • housing

20. Student Appeals • A student may appeal the findings of • the hearing to the Facility Head or • designee within 15 calendar days of • the hearing. • A student shall be advised of the outcome • of his/her appeal within 5 working days of • receipt of the appeal. • TheFacility Head is the final authority on • disciplinary appeals.

21. “Due Process Rights”(Adults) • Right to a hearing with notice • Presentation of witnesses or evidence • Assistance of a Lay Advocate • Impartial decision maker • Findings of fact • Appeal

22. DISCIPLINARY REVIEW OFFICER • Each Facility Head shall appoint an employee(s) as Disciplinary Review Officer(s). • The Disciplinary Review Officer will review the content of each REPORT OF CONDUCT. • Determine if REPORT OF CONDUCT includes a charge of sexual conduct. If so, notify Facility PREA Coordinator for review of reports to initiate SART. • Review of OIS Mental health Code and contact Mental Health professional of the facility if offender has a known mental health concern.

23. DISCIPLINARY REVIEW OFFICER HEARING If an offender pleads guilty to ANY Conduct Report (adult) or major (juvenile), and waives the right to a 24 hour notice of hearing, the Disciplinary Review Officer may conduct the disciplinary hearing.

24. DISCIPLINARY HEARING OFFICER Each facility will establish one or more Disciplinary Hearing Officers. The Disciplinary Hearing Officer shall: • Call witnesses • Hear testimony • Review evidence of the incident

25. SANCTIONS THAT MAY BE IMPOSED (Adults) • Written or verbal reprimand • Extra work • Loss or limitation of privileges • Placed on Room/Cell/Housing Assignment Confinement • Placed on Building Confinement • Change in work or housing assignment • Assigned Facility Community Service Goals

26. SANCTIONS THAT MAY BE IMPOSED (Adults) • Restitution • Recommendations for a change in security level or transfer • Disciplinary segregation • Reassignment to a lower credit class and/or deprivation of specified credit time

27. SANCTIONS THAT MAYNOT BE IMPOSED • Corporal punishment • Confinement without at least 1 hour of exercise outside the offender’s immediate living quarters 5 days per week (adults) • A substantial change in heating, lighting, or ventilation • Restrictions on clothing, bedding, mail, reading/writing materials, or the use of hygienic facilities

28. SANCTIONS THAT MAY NOTBE IMPOSED Restrictions on access to: • A deviation from the diet provided • Humiliation, mental abuse, or punitive interference with the daily functions of living, such as eating or sleeping • Medical/mental health/dental care • Courts/legal counsel • Government officials or grievance proceedings • Personal papers/legal research materials

29. CREDIT CLASS REVIEW(Adult Only) If an offender is demoted a credit class, the Disciplinary Hearing Officer shall review the credit class 90 days from the date of the guilty finding.

30. RESTORATION OF EARNED CREDIT TIME (Adult Only) Offenders may petition for the restoration of their earned credit time deprived as a result of disciplinary action only once every 6 calendar months from the date of their last petition.

31. You have completed the module on “Adult Disciplinary Policy/Code of Conduct for Students”.If you have any questions, review the module again. Please proceed to the next module. Staff Development and Training