Section 373.81. Discipline: review by superintendent.

 

(1)  A youth who has received summary discipline or a major penalty may appeal the decision to the superintendent within 7 days of the day the youth was notified of the decision. A youth who has difficulty preparing a written appeal shall be assisted by staff when requested to do so by the youth.

(2)  The superintendent shall issue a final decision on the appeal within 7 days of receipt of the appeal. Failure to issue a final decision upholds the decision to discipline.

(3)  The superintendent may do any of the following:

(a) Affirm both the finding of guilt and the discipline imposed.

(b) Affirm the finding of guilt, but reduce the discipline.

(c) Reverse the finding of guilt.

(d) Remand for reconsideration or rehearing, if there was a finding of guilt.

(4)  Whether or not there is an appeal, the superintendent shall review all findings of guilt and the discipline imposed within 2 days, excluding weekends and holidays, of the time that the decision is imposed and may review the findings and discipline at any time thereafter. In either case, the superintendent may reverse the finding of guilt or reduce the discipline or remand for reconsideration or rehearing, if there was a finding of guilt.

(5)  An institution may not require a youth to serve 90 or more continuous days of confinement without the approval of the administrator.

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