Section 299.620  Applicability

a)         Program and unit rules are to promote a safe and secure environment for treatment.  All residents are expected to comply with the Program and unit rules as well as staff orders.  Disagreement with a staff order will be discussed only after the resident has complied with the order.  If off unit, disagreements will be discussed only upon return to the unit. In a situation where one or more residents are not following staff orders, staff will implement security measures to ensure everyone's safety and security (e.g., staff may direct all residents to their rooms).

b)         All residents will be given adequate notice of the Program rules and unit rules either directly by staff or presumptively by posting of the rules. Residents shall be informed of the rules upon admission and the specific Program and unit rules shall be posted on the units.  Changes in rules shall also be posted on the units.  Only those rules that have been posted may be enforced.

c)         Rules apply equally to all residents in similar circumstances. Differences in situations that are relevant to differences in limitations are within staff discretion; however, such differences must be documented and applied for determining aggravating and mitigating circumstances.

d)         The decision that a resident has violated a rule shall be based upon the best available evidence and that evidence must show it is more likely than not that the resident violated the rule.  Staff may weigh the credibility of witnesses in making the decision.

e)         Corporal punishment, restrictions on diet, medical or sanitary facilities, clothing, bedding, or legal mail, or access to legal counsel and reductions in the frequency of use of toilets, washbowls and showers shall be prohibited from consideration under the Resident Behavior Management System.