§ 138. Institutional rules and regulations for incarcerated individuals at all correctional facilities. 1. All institutional rules and regulations defining and prohibiting incarcerated individuals misconduct shall be published and posted in prominent locations within the institution and set forth in both the English and Spanish language.

2. All incarcerated individuals shall be provided with written copies of these rules and regulations upon admission to the institution and all incarcerated individuals presently incarcerated in a correctional facility shall be provided with written copies of these rules and regulations.

3. Facility rules shall be specific and precise giving all incarcerated individuals actual notice of the conduct prohibited. Facility rules shall state the range of disciplinary sanctions which can be imposed for violation of each rule.

4. Incarcerated individuals shall not be disciplined for making written or oral statements, demands, or requests involving a change of institutional conditions, policies, rules, regulations, or laws affecting an institution.

5. No incarcerated individual shall be disciplined except for a violation of a published and posted written rule or regulation, a copy of which has been provided the incarcerated individual.

6. All rules and regulations pertaining to incarcerated individuals established by the department of corrections and community supervision and all rules and regulations pertaining to incarcerated individuals established by any institutional staff at any state correctional facility shall be reviewed annually by the commissioner of the department of corrections and community supervision.

* 7. De-escalation, intervention, informational reports and the withdrawal of incentives shall be the preferred methods of responding to misbehavior unless the department determines that non-disciplinary interventions have failed, or that non-disciplinary interventions would not succeed and the misbehavior involved an act listed in subparagraph (ii) of paragraph (k) of subdivision six of section one hundred thirty-seven of this article, in which case, as a last resort, the department shall have the authority to issue misbehavior reports, pursue disciplinary charges, or impose new or additional segregated confinement sanctions.

* NB Effective March 31, 2022