Minnesota Administrative Rules

2920.5700 DISCIPLINE AND DISCIPLINARY ACTION.

It is mandatory that if disciplinary action is necessary, the following rules must be observed:

A.

the adult community-based residential correctional facility shall have written policies that are available to the residents and staff regarding methods used for control and discipline;

B.

disciplinary action may not be delegated to other residents;

C.

residents shall not be denied food, mail, or sleep as punishment;

D.

physical punishment or any kind of punishment inflicted on the body, such as slapping, shall not be used;

E.

physical force shall be used only in instances of justifiable self-protection, protection of others, and prevention of property damage, and only to the degree necessary to control the situation. The action taken shall be documented and placed on file;

F.

written policy and procedures must ensure that room restriction, if used, does not exceed eight hours and that staff make contact with the resident at least hourly to ensure the well-being of the resident;

G.

written policy must ensure that restriction to the facility for more than 72 hours, excluding holidays and weekends, requires a review by a person or panel of staff who are not directly involved in the incident leading to the restriction;

H.

all instances of disciplinary action must be documented, dated, and signed by staff implementing the action; and

I.

written policy and procedures must ensure supervisory review of major violations and disciplinary actions.

Statutory Authority:

MS s 241.021

History:

9 SR 1655; 36 SR 635

Published Electronically:

January 3, 2012