N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.28

Current through Register Vol. 46, No. 43, October 23, 2024

Section 180-3.28 - Loss of Good Behavior Allowance for Sentenced Youth

(a) The potential loss of good behavior allowance is a specific disciplinary sanction that may impact a sentenced youth's release date, based on a serious violation while in detention. This sanction, when applied reasonably and with fairness, can be an essential element in promoting safety and protecting the health and security of all persons within a specialized secure detention facility. This sanction works in tandem with section 180-3.14, by providing an additional response for a sentenced youth who has a serious infraction. It does not take the place of the Behavioral Intervention Policies of the facility, as required by section 180-3.14 of this subpart.

(b) Limitations on the loss of good behavior allowance:

(1) This sanction shall only be applied to the degree necessary to maintain the youth's behavior within acceptable limits and reinforce a commitment to maintain the overall standards of behavior for the facility.

(2) When evaluating a loss of good behavior allowance, the behavior of the youth shall be viewed in light of his or her capacity and the efforts made by the youth within the limits of his or her capacity.

(3) This sanction must be administered in a fair, impartial and expeditious manner, and must be consistent. A sound program relies upon certainty and promptness of action, not upon severity of the measures.

(4) The loss of good behavior allowance must never be arbitrary or capricious or administered for retaliation or revenge.

(c) A commission of any Penal Law offense is prohibited and may be referred to law enforcement agencies for prosecution, in addition to the sanction of loss of good behavior allowance.

(d) A specialized secure detention facility's rules, established pursuant to section 180-3.14, "Behavioral Intervention Policies," shall apply to the loss of good behavior allowance. Such rules should have varying levels and consequences. For example:

(1) Level I rules - basic standards of conduct for all areas of program

(2) Level II rules - prohibited acts that constitute serious misbehaviors

(3) Level III rules - prohibited acts that constitute very serious misbehaviors

(e) A specialized secure detention facility shall establish procedures for determining a loss of good behavior allowance which shall include:

(1) Steps to review an incident, dismiss the charges, refer the matter back to the behavioral support system, or approve the charges to go forward for review.

(2) Timeframes, criteria for review, appeal procedures, and the facility director's appointment of staff to implement the process.

(3) A requirement for youth assistants, who are staff designated by the facility director, to assist the youth through the process. If the youth assistant is waived by the youth, a youth assistant may still be assigned, particularly in cases where such assistance would enable the youth to adequately comprehend the case and respond to the charge(s).

(4) A requirement for assistance for non-English speaking or hearing-impaired youth. In the case of a non-English speaking youth, a translator shall be provided to assist the youth. A deaf or hearing-impaired youth who uses sign language to communicate shall receive the assistance of a qualified sign language interpreter. A hearing-impaired youth who uses an amplifier or other device, as a reasonable accommodation, shall have the opportunity to use such device.

(5) Education of all facility staff and sentenced youth on the established facility rules and the consequences of rule violations as soon as possible after admission on a sentence.

(6) A requirement that all processes regarding loss of good time, including charges, hearings, decisions, appeals and any other outcomes be fully documented.

(f) Consistent with the requirements of this section, a specialized secure detention facility shall develop written policies and procedures, which shall be submitted to OCFS for approval.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.28

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018