Section 373.80. Dispositional alternatives for major conduct rule violations.

 

(1)  If a youth's guilt is not established by a preponderance of the evidence, the hearing officer shall dismiss the case.

(2)  If a youth's conduct, as proven, is not sufficient to warrant a major penalty, the hearing officer may order a disposition under s. DOC 373.68 .

(3)  If the hearing officer finds that a youth committed a major conduct rule violation, the hearing officer shall consider any extenuating or mitigating circumstances in determining the appropriate major penalty disposition, which may include any of the following:

(a) First major conduct rule violation within 60 days: not to exceed close confinement for 3 days and modified confinement for an additional 40 days.

(b) Second major conduct rule violation within 60 days: not to exceed close confinement for 4 days and modified confinement for an additional 50 days.

(c) Third and each subsequent major conduct rule violation within 60 days: not to exceed close confinement for 6 days and modified confinement for an additional 60 days.

(4)  A major penalty disposition may only be imposed concurrent with other major dispositions under this section.

(5)  The minimum requirement of one-hour out-of-room time per day for close confinement may be suspended for a 24-hour period upon the recommendation of a physician or psychologist. The superintendent shall send a written report of the suspension to the administrator.

(6)  If the hearing officer finds that a youth committed a conduct rule violation which resulted in damages or monetary loss, the hearing officer may direct that the youth pay restitution in addition to any disposition imposed under sub. (3) .

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