N.M. Admin. Code § 8.14.14.19

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.14.14.19 - RULES AND DISCIPLINE

A. Rule violations, disciplinary procedures, and possible sanctions shall be posted in a conspicuous and accessible area. Information about the disciplinary process shall be given to each juvenile upon admission. The documents are translated into the language spoken by the juveniles within the community.

B. Each staff prepares a disciplinary report when a juvenile commits a reportable rule violation. Disciplinary reports include the following information:

(1) specified rule(s) violated,

(2) a formal statement of the charge,

(3) an explanation of the event, including who was involved, what happened, and the time and location of the incident,

(4) unusual juvenile behavior,

(5) staff and juvenile witnesses,

(6) disposition of any physical evidence,

(7) any immediate action taken, including the use of force (restraints),

(8) reporting staff's signature, and

(9) date and time report is made.

C. All documentation shall be kept in the juvenile's file and in the center's discipline file to document due process not for the purpose of accumulating disciplinary reports.

D. The center shall have written policies and procedures that govern room confinement:

(1) room confinement is prohibited for minor misbehavior,

(2) prior to room confinement, juveniles must have the reasons for the confinement explained to them and have an opportunity to explain the behavior leading to the confinement, and

(3) during any and all room confinements, staff contact is made with the juvenile at a minimum of every 15 minutes; each check is documented, the juvenile's behavior described, and the reason for the juvenile to remain in room confinement noted.

(4) When a juvenile is confinement for the safety of others or to maintain the security of the center, the juveniles may be confined for a time period of up to 22 hours; if the juvenile's behavior improves, they are returned to general population as soon as possible; confinement lasting 22 hours shall be reviewed and approved by the administrator or designee not involved in the incident leading up to the confinement.

E. Juveniles placed in confinement are visited at least one time each day by staff from administrative, supervisory, medical, behavioral health, or education. A log recording who authorized the removal from regular programming, persons visiting the juvenile, the person authorizing the release, and the time of release is maintained and available for inspection by the department.

F. Whenever a juvenile is removed from the regular program, a supervisor reviews the action and documents approval of the action. The juvenile probation officer is notified within one business day of the removal.

G. Deprivation of food, exercise, sleep, hygiene, access to medical and behavioral health care, and education are prohibited.

H. Behavior management methods shall be designed to provide incentives for positive behavior and afford proportional measures of accountability. Incentives for positive behavior may include privileges:

(1) special visits,

(2) extra phone calls,

(3) movies,

(4) music, and

(5) special events.

N.M. Admin. Code § 8.14.14.19

8.14.14.19 NMAC - N, 7/31/01; A, 10/17/11, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 1/1/2019