Section 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.

(c) The hearing officer may require that physical evidence, if any exists, be offered.

(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.