9 CRR-NY 179-4.5NY-CRR
9 CRR-NY 179-4.5
9 CRR-NY 179-4.5
179-4.5 Disciplinary rules.
Each behavior in this section is classified as a level I, II, or III rule violation. If a behavior has more than one designation, it may be classified at different levels, depending upon the specific circumstances.
| (01) Penal law offense. | ||
| III | 1.0 | Commission of, or an attempt to commit, any penal law offense is prohibited and may be referred to law enforcement agencies for prosecution in addition to sanctions imposed by the division. |
| (02) Fire setting and explosives. | ||
| III | 2.1 | Residents shall not start or attempt to start a fire, except within the context of program and with staff supervision. |
| III | 2.2 | Residents shall not cause or attempt to cause an explosion. |
| III | 2.3 | Residents shall not possess explosive devices or materials which can be used to make explosive devices. |
| (03) Assault and fighting (acts done on purpose and not accidentally). | ||
| III | 3.1 | Residents shall not assault, inflict or attempt to inflict bodily harm upon another resident, a staff member or any other person. |
| I,II,III | 3.2 | Residents shall not engage in fighting or in any violent conduct involving the threat of violence. |
| II | 3.3 | Residents shall not practice or instruct others in martial arts, sparring or self-defense techniques. |
| I,II | 3.4 | Residents shall not engage in sparring, wrestling, body-punching, or other forms of horseplay. |
| (04) Riot or inciting to riot, group or unauthorized organization disturbance. | ||
| III | 4.1 | Residents shall not conspire or take any action which is intended to or results in the takeover of any area of a facility/program, or, acting in a group, engage in any violent conduct or conduct involving the threat of violence. |
| III | 4.2 | Residents shall not engage with others in any violent conduct or conduct involving the threat of violence. |
| II,III | 4.3 | Residents shall not lead, organize, participate, or urge other residents to participate in actions which may be detrimental to the order of the facility/program. |
| I,II,III | 4.4 | Residents shall not, in conjunction with others, engage in conduct which disturbs the order of any part of the facility. This includes but is not limited to loud talking in cafeterias, program areas or hallways, talking after lights out, or playing of radios, televisions, tape players or musical instruments in a loud or improper manner. |
| III | 4.5 | Residents shall not engage in or encourage others to engage in unauthorized organizational activities or meetings; display, wear, possess, distribute, or use unauthorized organizational insignia or materials. An unauthorized organization is any gang or any organization which has not been approved by the deputy director for residential services. |
| I,II,III | 4.6 | Residents shall not engage in gang-related, or otherwise inappropriate hand, verbal, or written communication. |
| (05) Weapons. | ||
| III | 5.0 | Residents shall not make, possess, sell or exchange, or use any gun, firearm, ammunition; or any unauthorized use of a knife, razor, sharpened instrument, tool or other item which may be classified as a weapon in terms of use or appearance. |
| (06) Escape or AWOL. | ||
| II,III | 6.1 | Residents shall not escape, attempt to escape, conspire to or be an accessory to an escape from any division facility/program or division custody, or withhold information about an escape/AWOL. |
| I,II,III | 6.2 | Residents shall not exceed the authorized time limits of any authorized temporary absence. |
| III | 6.3 | Residents shall not exceed the authorized travel limits of any authorized temporary absence. |
| III | 6.4 | Residents shall not be absent without leave (AWOL), attempt to AWOL or be an accessory to an AWOL. A resident is AWOL when (s)he intentionally fails to return at or before the time prescribed for his/her return. |
| II | 6.5 | Residents shall comply with all conditions of their authorized temporary absence. |
| (07) Sex offenses. | ||
| III | 7.1 | Residents shall not engage in, encourage, solicit or attempt to force others to engage in sexual acts/gestures. |
| II,III | 7.2 | Residents shall not intentionally expose the private parts of their bodies. |
| I,II,III | 7.3 | Physical contact between residents, including but not limited to kissing, embracing or hand holding, is prohibited. |
| (08) Threats, witness tampering. | ||
| I,II,III | 8.1 | Residents shall not, under any circumstances, make any threat (spoken, in writing or by gesture) to any person. |
| III | 8.2 | Residents shall not tamper with or threaten witnesses or informants in any investigation. |
| (09) Bribery. | ||
| III | 9.0 | Residents shall not bribe or extort, or attempt to bribe or extort any person. |
| (10) Contraband. | ||
| I,II,III | 10.1 | Residents shall not possess any item not expressly permitted. Any item not permitted is contraband. |
| II,III | 10.2 | Residents shall not alter any permitted item so as to change its original intent or purpose. |
| II,III | 10.3 | Residents shall not possess unauthorized security-related equipment such as keys, vehicular keys, communication devices or restraint equipment. |
| III | 10.4 | Residents shall not be in possession of any article or paraphernalia which gives reasonable grounds to believe escape is planned. |
| II,III | 10.5 | Residents shall not make, use, possess, sell or exchange, or be under the influence of any alcoholic beverage or intoxicant. Possession, sale or exchange of yeast or any other fermenting agent is prohibited. |
| II,III | 10.6 | Residents shall not make, use, possess, sell or exchange, or be under the influence of any narcotic, narcotic paraphernalia, or controlled substance. |
| II,III | 10.7 | Residents shall not possess outdated or unauthorized types or quantities of medication, nor shall they sell or exchange any medication. |
| I,II,III | 10.8 | Residents shall not be in possession of money, credit cards, phone cards, checks or other unauthorized valuables or property. (Note: This rule does nor apply to community-based facilities/programs.) |
| I,II,III | 10.9 | Residents shall not be in possession of tools, culinary instruments or other items that may be considered weapons without authorization. These items shall be used only within the context of program and with staff supervision. |
| I,II,III | 10.10 | Residents shall not possess tobacco products. |
| I,II | 10.11 | Residents shall not be in possession of State issue clothing or bedding in excess of what is allowed. The altering of State issue clothing or bedding is prohibited. |
| I,II,III | 10.12 | Residents shall not use or possess authorized items in unauthorized areas. |
| (11) Smuggling. | ||
| II,III | 11.0 | Residents shall not smuggle or attempt to smuggle or solicit others to smuggle any item into or out of the facility/program or from one facility/program area to another. |
| (12) Interference with staff. | ||
| II,III | 12.1 | Residents shall not engage in any behavior (physical or verbal) which interferes with staff in the performance of their duties, interferes with the secure and orderly operation of the facility and/or which may result in injury to staff or residents. |
| II,III | 12.2 | Residents shall not verbally obstruct staff at any time. |
| I,II,III | 12.3 | Residents shall not harass staff or any other person verbally or in writing. |
| I,II,III | 12.4 | Residents shall not direct insolent, abusive and/or obscene language and sexual gestures to staff or any other person. |
| I,II,III | 12.5 | Residents shall not commit an unhygienic act such as spitting, urinating or defecating on the floor or any other area, or throwing urine or feces, or in the case of female residents, throwing sanitary items. |
| (13) Tampering. | ||
| II,III | 13.0 | Residents shall not alter, tamper with or attempt to repair security devices. Residents shall not alter, rewire, tamper with or attempt to repair electrical outlets, electrical devices, fire safety devices, safety equipment or any other device/equipment without proper authorization. |
| (14) Destruction or theft of property. | ||
| II,III | 14.1 | Residents shall not steal, misuse, destroy or intentionally damage any property belonging to others, or possess any stolen property. |
| I,II,III | 14.2 | Residents shall not willfully destroy, steal, lose, misuse, intentionally damage or waste any type of State property. |
| (15) Persistent pattern of infractions. | ||
| II,III | 15.1 | Residents who engage in a persistent pattern of infractions and who have not responded to sanctions imposed through the resident youth development system may be charged with a level II or level III rule violation. |
| II | 15.2 | A persistent pattern of behavior that interferes with the program and/or with other residents' ability to participate in program. |
| (16) False alarms. | ||
| II,III | 16.0 | Residents shall not set off a false fire alarm or falsely report fires, emergencies, disturbances or other threats to facility/program safety. |
| (17) Failure to obey a direct order. | ||
| I,II,III | 17.0 | Residents shall follow all direct orders from staff. |
| (18) Gambling. | ||
| I,II | 18.0 | Gambling in any form is prohibited. |
| (19) Facility counts. | ||
| II,III | 19.0 | Residents shall cooperate fully with all facility/program count procedures and not interfere with or otherwise disrupt staff who are taking a count. |
| (20) Lending, borrowing, selling, trading, buying. | ||
| I,II | 20.0 | Residents shall not borrow, sell, lend, trade, or purchase items for or from other residents or staff. |
| (21) Tattooing, mutilation. | ||
| I,II,III | 21.0 | Residents shall not tattoo or mutilate their bodies or engage in tattooing or mutilating another person's body. |
9 CRR-NY 179-4.5
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.