Detection and Reporting

(1) Any employee may report a violation of the code of offenses and initiate the observation of behavior process in accordance with the procedures set forth in 103 CMR 431.07. The O.B.R. shall include a description of the incident, the specific rules(s) violated, any unusual resident behavior, any staff witnesses, any physical evidence and its disposition, any immediate action including the use of force, the reporting staff member's signature, and the date and time of the report. (2) Informal Handling. Informal handling of minor behavioral infractions is encouraged where appropriate. Initiation of informal handling does not require a written O.B.R. When an employee reasonably believes that formal handling of inappropriate behavior is not necessary, the employee may issue a warning or take other appropriate action and handle the matter informally. Informal handling generally focuses on the immediate correction of an inappropriate behavior (e.g. clean up a messy room, address a hygiene problem, return to theunitif outside the unit without permission, etc.) Informal handling does not include the imposition of room restriction. The employee may refer the matter to the resident's unit team for resolution. (3) Formal Handling. (a) Where informal handling is not appropriate, or where the resident has refused to cooperate with informal handling, the employee shall write an O.B.R. and forward it to the Shift Commander prior to the end of the employee's shift. The O.B.R. shall conform with the requirements of 103 CMR 431.07(1). (b) The Shift Commander shall review the report and if necessary, refer the report back to the reporting staff person for clarification. The Shift Commander may make further investigation if deemed necessary. Any further investigation shall be commenced within 24 hours of the time the violation is reported and in the absence of exceptionalcircumstances, shall be completed without unreasonable delay. No further investigation should be conducted by the employee who reported the incident. The Shift Commander may: 1. Handle the matter informally in consultation with the reporting staff person; or 2. Have the O.B.R. processed and forwarded to the Behavior Review Committee. (c) The Shift Commander may institutepre-hearingrestrictionsas provided by 103 CMR 431.08. (d) Once the O.B.R. has been processed, the resident shall be provided with a copy of the O.B.R. within two working days of the observed behavior or two working days after the completion of an investigation that reveals the observation of behavior violation. The staff person serving the O.B.R. on the resident shall indicate service and the resident's acknowledgement or refusal of service. With the O.B.R., the resident shall be provided the appropriate form for requesting representation, witnesses, evidence and tape recording. The O.B.R. shall be forwarded to the B.R.C. at the same time it is provided to the resident. (e) In any case in which restitution or compensation may be an appropriate sanction, the Superintendent or designee shall provide the resident with an itemized list of damages or costs associated with or resulting from the resident's misconduct. The itemized list ofdamages shall be provided to the resident within a reasonable time, but not less than 24 hours before the proceeding before the B.R.C. (f) The unit officer shall note in the unit log the number of the O.B.R., the resident's name, the behavior observed, the reporting officer, and any restrictions which were imposed. Any modifications to a restriction shall also be noted in the unit log book.