31 Miss. Code. R. 9-4.4 - Due Process in Discipline

1. Staff provide the youth in the youth's primary language with a written list of prohibited behaviors and the sanctions or consequences of such behaviors. Staff post the rules of the facility in all living units in English. Staff provide to each youth in the youth's primary language a written and verbal explanation of the rules and sanctions of the facility. Sanctions include less restrictive interventions in addition to room confinement.

2. Due process protections apply when youth may be subject to discipline for all major rule violations (i.e., when room confinement may last longer than four hours). Youth are entitled to due process hearings within 48 hours of the incident (excepting weekends and legal holidays) and prior to the youth serving time in room confinement as a sanction.

3. Youth receive procedural due process protections prior to the implementation of discipline as the result of a major rule violation including:

a. Written notice to the youth of the alleged rule violation, the due process hearing procedures, and appellate procedure.

b. A hearing before a disciplinary committee comprised of impartial staff, meaning staff who were not involved in the incident leading to the alleged rule violation. The disciplinary committee gathers evidence and investigates the alleged violation. During the hearing, the youth is allowed to be present provided he or she does not pose a safety threat to self or others. The youth may have a staff member of his/her choosing present for assistance. The youth is allowed to present his/her case and present evidence and/or call witnesses.

c. Upon request, consultation with a QMHP regarding the youth's ability to understand and participate in due process, whether a youth's disability or mental illness contributed to his or her behavior when determining appropriate sanction, and whether the youth is capable of serving any assigned sanctions.

d. Following the hearing, the disciplinary committee renders a decision finding the youth at fault or not.

e. The youth shall receive a written notice of the committee's decision with the reason(s) for the decision.

f. The youth may appeal an adverse finding to the facility administrator or his/her designee assigned to the facility.

4. Under no circumstances is a youth deprived of his or her basic rights as part of discipline.

a. Basic rights for each youth include:

i. A place to sleep including a mattress, pillow, blankets and sheets.

ii. Full meals and evening snacks.

iii. A full complement of clean clothes.

iv. Parental or guardian and attorney visits.

v. Personal hygiene items.

vi. Daily opportunity for exercise.

vii. Telephone contacts with his or her attorney.

viii. The right to receive and send mail.

ix. A regular education program.

x. An opportunity for daily shower and access to toilet and drinking water as needed.

xi. An opportunity to attend religious services and/or obtain religious counseling of the youth's choice.

xii. Clean and sanitary living conditions.

xiii. Access to reading materials.

5. Staff do not use group punishment as a sanction for the misbehavior of individual youth.

Notes

31 Miss. Code. R. 9-4.4

Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016).

Amended 12/28/2019