§ 138. Institutional rules and regulations for incarcerated individuals at all correctional facilities.
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§ 138. Institutional rules and regulations for incarcerated
individuals at all correctional facilities. 1. All institutional rules
and regulations defining and prohibiting incarcerated individuals
misconduct shall be published and posted in prominent locations within
the institution and set forth in both the English and Spanish language.
2. All incarcerated individuals shall be provided with written copies
of these rules and regulations upon admission to the institution and all
incarcerated individuals presently incarcerated in a correctional
facility shall be provided with written copies of these rules and
regulations.
3. Facility rules shall be specific and precise giving all
incarcerated individuals actual notice of the conduct prohibited.
Facility rules shall state the range of disciplinary sanctions which can
be imposed for violation of each rule.
4. Incarcerated individuals shall not be disciplined for making
written or oral statements, demands, or requests involving a change of
institutional conditions, policies, rules, regulations, or laws
affecting an institution.
5. No incarcerated individual shall be disciplined except for a
violation of a published and posted written rule or regulation, a copy
of which has been provided the incarcerated individual.
6. All rules and regulations pertaining to incarcerated individuals
established by the department of corrections and community supervision
and all rules and regulations pertaining to incarcerated individuals
established by any institutional staff at any state correctional
facility shall be reviewed annually by the commissioner of the
department of corrections and community supervision.
7. De-escalation, intervention, informational reports and the
withdrawal of incentives shall be the preferred methods of responding to
misbehavior unless the department determines that non-disciplinary
interventions have failed, or that non-disciplinary interventions would
not succeed and the misbehavior involved an act listed in subparagraph
(ii)of paragraph
(k)of subdivision six of section one hundred
thirty-seven of this article, in which case, as a last resort, the
department shall have the authority to issue misbehavior reports, pursue
disciplinary charges, or impose new or additional segregated confinement
sanctions.