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 373.73(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.

DOC 373.73(2)(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.

DOC 373.73(3)(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.

DOC 373.73(4)(4) A youth may waive in writing the time limits set by this section.

DOC 373.73(5)(5) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

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.