Section 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.

(c) The witness is not a youth or staff.

(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.

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

(f) The testimony merely duplicates other evidence and would unduly prolong the hearing.

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

(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.

(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.

(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:

(a) The hearing officer.

(b) The youth's advocate, if any.

(c) The witnesses.

(d) The accused.

(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.

(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.

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