DOC 373.74(1)(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.

DOC 373.74(2)(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.

DOC 373.75DOC 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.

DOC 373.76(1)(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.

DOC 373.76(2)(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).

DOC 373.76(3)(3) A witness requested by the accused shall attend the disciplinary hearing unless one or more of the following apply:

DOC 373.76(3)(a)(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.

DOC 373.76(3)(d)(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.

DOC 373.76(3)(e)(e) The testimony is irrelevant to the question of guilt or innocence of the youth or to the disposition.

DOC 373.76(3)(g)(g) The witness is a member of the staff who is on a shift other than the shift on which the hearing is held.

DOC 373.76(4)(4) If a witness, approved to testify at the disciplinary hearing, is unavailable to testify for one of the reasons under sub. (3), the hearing officer may accept a signed, written statement, a transcript of a statement, an oral statement by telephone, a tape recorded statement or may require the advocate or other staff person to interview the witness and report the interview in writing.

DOC 373.76(5)(5) If the hearing officer determines under sub. (3) (a) that a witness is unavailable and the hearing officer considers a signed, written statement from that witness, the identity of the witness may not be revealed to the accused. The statement shall be disclosed to the accused only if it can be edited so that it will not disclose the identity of the witness.

DOC 373.76(6)(6) After determining which witnesses will be called for the accused, the hearing officer shall schedule a time for a hearing when all of the following persons can be present:

DOC 373.76(7)(7) In the case of youth witnesses and the accused, the hearing officer, when scheduling the disciplinary hearing, shall attempt to avoid conflict with off grounds activities, but these persons may be required to attend the disciplinary hearing even if it conflicts with those activities.

DOC 373.76(8)(8) The hearing officer or other designated staff shall notify the accused, the advocate, if any, and all witnesses of the time and location of the disciplinary hearing.