Wisconsin Legislature: DOC 373.69 History

3. Apology for the misconduct.

4. Monetary restitution.

5. A period of positive behavior.

(4) A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff, reduce the discipline or write a conduct report if it is determined that the violation was a major conduct rule violation. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.

(5) A youth has no right to be present at the supervisor’s review.

(6) Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.

(7) A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81.

(8) The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth’s official records.

(9) Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.

(10) More restrictive forms of discipline than those authorized in sub. (3), for a conduct rule violation not designated as a major conduct rule violation under this chapter, may be imposed by a supervisor under this subsection as follows:

(a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3), modified as follows:

1. Room confinement for not more than 10 hours.

2. Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.

3. Loss of an off grounds activity for no longer than 30 days.

(b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:

1. Obtain a statement of facts with a recommendation from staff.

2. Inform the youth of the nature of the alleged infraction and the range of discipline.

3. Request that the youth relate the facts concerning the matter at issue.

(c) A disposition under this section shall be imposed consecutive to other dispositions under this section and may be imposed consecutive to a disposition under s. DOC 373.80.

(d) The supervisor may impose discipline under this subsection, may dismiss the charge, or may write a conduct report if the conduct rule violation is a major conduct rule violation.

(e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.

(f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.

(11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.69 Conduct reports.

(1) Staff who observe or discover a conduct rule violation shall investigate the matter to determine if a conduct rule violation occurred. If staff conclude that a major conduct rule violation has occurred, a conduct report shall be written. If more than one staff knows of the same violation, the superintendent shall designate the staff who shall write the conduct report.

(2) A conduct report may only be written for a major conduct rule violation.

(3) The conduct report shall describe the facts in detail, including information obtained from other staff. The report shall list all conduct rules that were allegedly violated, even if they overlap. All physical evidence and witnesses shall be mentioned in the report.

(4) There shall be at least one conduct report or record for each act that is alleged to be a major conduct rule violation under this chapter.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.70 Review of conduct reports by the superintendent.

(1) The superintendent shall promptly review all conduct reports for technical adequacy and the appropriateness of the charges.

(2) The superintendent:

(a) Shall dismiss a conduct report if the superintendent believes that it should not have been written.

(b) Shall eliminate any conduct rule violation cited in the conduct report if the statement of facts does not establish that a violation was committed.

(c) May add any conduct rule violation to the conduct report if the statement of facts establishes that a violation was committed.

(d) Shall destroy the conduct report if no conduct rule violation was committed.

(e) May refer a conduct report for further investigation.

(3) Following a review, the superintendent shall determine whether a conduct report shall be approved.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.71 Notice of alleged major conduct rule violation. When a youth is alleged to have committed a major conduct rule violation and the superintendent has reviewed and approved the conduct report pursuant to s. DOC 373.70, the following procedure shall be followed:

(1) The superintendent shall give a copy of the approved conduct report to the youth within 7 days of placement in prehearing security.

(2) The superintendent shall inform the youth orally and in writing of the conduct rule which the youth is alleged to have violated.

(3) The superintendent shall inform the youth orally and in writing of the potential penalties which may be imposed.

(4) The superintendent shall also inform the youth orally and in writing of all of the following:

(a) That the youth has a right to a disciplinary hearing at which the youth may present oral, written, documentary and physical evidence, and evidence from voluntary eye witnesses.

(b) That the youth has a right to the assistance of a staff advocate, the right to ask questions of the witnesses, that repetitive, disrespectful and irrelevant questions may be forbidden and that the youth may appeal the finding and disposition of the hearing officer to the superintendent.

(c) That the youth may waive the right to a disciplinary hearing and to the other rights specified in this subsection and that a waiver is not an admission of guilt.

(5) The youth may elect to waive the right to a disciplinary hearing at anytime. The waiver shall be in writing and shall be submitted to the superintendent. The superintendent may not accept a written waiver by a youth if the superintendent believes that the youth lacks the mental capacity to waive the disciplinary hearing.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.72 Procedure when the right to a disciplinary hearing is waived. When a youth is alleged to have committed a major conduct rule violation, the superintendent has reviewed and approved the conduct report under s. DOC 373.70 and the youth has waived the right to a disciplinary hearing under s. DOC 373.71 (5), the following procedure shall be followed:

(1) The youth shall appear before a hearing officer not less than 24 hours nor more than 7 days after the date the approved conduct report is given to the youth.

(a) The youth may request more time for preparation or a waiver of time limits. Unless there are good reasons for not granting more time or a waiver of time limits, a reasonable amount of additional time or a waiver of time limits shall be granted.

(b) Time limits may be exceeded due to the absence or unavailability of the youth.

(2)

(a) The hearing officer shall review the conduct report and discuss it with the youth.

(b) The youth shall be provided with an opportunity to respond to the report and present the youth’s version of the facts relating to the alleged violation.

(d) The youth has no right to a staff advocate, to confront witnesses or to have witnesses testify on the youth’s behalf. Staff who wrote the conduct report need not be present.

(3) The hearing officer shall decide the guilt or innocence of the youth on each charge, decide the discipline and announce these decisions to the youth. Penalties may be imposed under s. DOC 373.80.

(4) A finding of guilt shall be based on a preponderance of the evidence.

(5) The hearing officer shall document the findings for each charge, the reasons for the findings, the disposition and the reasons for the disposition. The hearing officer shall submit the documentation to the superintendent.

(6) A person directly involved in preparing the conduct report may not conduct a disciplinary hearing on that conduct report.

(7) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.73 Procedure for disciplinary hearings.

(1) The disciplinary hearing for a youth alleged to have committed a major conduct rule violation shall be held in accordance with this chapter.

(a) At the disciplinary hearing, the conduct report shall be read aloud and all witnesses for or against the accused, including the accused and the staff who wrote the conduct report, shall have a chance to speak.

(b) The hearing officer shall permit the youth or the youth’s advocate to question each of the witnesses. The hearing officer may permit or require the youth or the youth’s advocate to submit questions to the hearing officer to be asked of a witness. The hearing officer may forbid repetitive, disrespectful or irrelevant questions.

(2) After the disciplinary hearing, the hearing officer shall deliberate, considering only the evidence which was presented. The institution has the burden of establishing guilt by a preponderance of the evidence. The hearing officer shall inform the accused and the youth’s advocate, if any, of the decision. The accused shall receive a written copy of the decision, the finding on each charge, the reasons and the disposition.

(3) The disciplinary hearing shall be held no sooner than one day and no later than 14 days after service of an approved conduct report alleging the violation. This period may be enlarged or diminished if the superintendent approves and the youth agrees.

(4) A youth may waive in writing the time limits set by this section.

(5) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.74 Disciplinary hearing: advocates.

(1) A superintendent shall designate staff to serve as advocates for youth at disciplinary hearings. Preference shall be given to staff who volunteer. Staff may be selected by an accused youth, subject to staff’s consent and availability. Staff involved in the incident or in writing the report used in the disciplinary hearing process may not act as the youth’s advocate.

(2) Before the disciplinary hearing, the advocate shall help the youth understand the charges and help in the preparation and presentation of any defense, including gathering evidence and witness testimony and preparing the youth’s own statement. The advocate may speak on behalf of the youth at the disciplinary hearing or may help the youth state a defense. After the disciplinary hearing, the advocate shall discuss the case with the youth, ensure that the youth understands what happened at the disciplinary hearing and answer any questions.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.75 Disciplinary hearing: location. The disciplinary hearing shall take place at the institution where the alleged conduct occurred or at the institution to which the youth has been transferred.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.76 Disciplinary hearing: witnesses and notice.

(1) A youth may request that witnesses be called. The youth shall make the request to the youth’s advocate who shall deliver it to the hearing officer. Except for good cause, a youth may present no more than 2 witnesses. If a youth has chosen not to have an advocate, the request shall be sent to the superintendent. Except for good cause, a request shall be made within 2 days after the youth is served notice as provided in s. DOC 373.71.

(2) After a request for witnesses has been received, the hearing officer shall review the request and determine witness availability as provided in sub. (3).

(3) A witness requested by the accused shall attend the disciplinary hearing unless one or more of the following apply:

(a) There is a significant risk of bodily or psychological harm to the witness if he or she testifies as determined by the hearing officer.

(b) The witness is a youth who does not want to testify.

(d) The witness is a youth who is unavailable due to hospitalization, illness, transfer, release or is otherwise unable to attend, or staff who is unavailable due to injury, illness, vacation or because he or she is no longer employed at that location, or is on extended leave.