DOC 373.71 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:

DOC 373.71(1) (1) The superintendent shall give a copy of the approved conduct report to the youth within 7 days of placement in prehearing security.

DOC 373.71(2) (2) The superintendent shall inform the youth orally and in writing of the conduct rule which the youth is alleged to have violated.

DOC 373.71(3) (3) The superintendent shall inform the youth orally and in writing of the potential penalties which may be imposed.

DOC 373.71(4) (4) The superintendent shall also inform the youth orally and in writing of all of the following:

DOC 373.71(4)(a) (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.

DOC 373.71(4)(b) (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.

DOC 373.71(4)(c) (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.

DOC 373.71(5) (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.

DOC 373.71 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.72 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:

DOC 373.72(1) (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.

DOC 373.72(1)(a) (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.

DOC 373.72(1)(b) (b) Time limits may be exceeded due to the absence or unavailability of the youth.

DOC 373.72(2) (2) 

DOC 373.72(2)(a) (a) The hearing officer shall review the conduct report and discuss it with the youth.

DOC 373.72(2)(b) (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.

DOC 373.72(2)(c) (c) The hearing officer may question the youth.

DOC 373.72(2)(d) (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.

DOC 373.72(3) (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.

DOC 373.72(4) (4) A finding of guilt shall be based on a preponderance of the evidence.

DOC 373.72(5) (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.

DOC 373.72(6) (6) A person directly involved in preparing the conduct report may not conduct a disciplinary hearing on that conduct report.

DOC 373.72(7) (7) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

DOC 373.72 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.73 DOC 373.73 Procedure for disciplinary hearings.

DOC 373.73(1) (1) The disciplinary hearing for a youth alleged to have committed a major conduct rule violation shall be held in accordance with this chapter.

DOC 373.73(1)(a) (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.

DOC 373.73(1)(b) (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.