 |
Wisconsin Administrative Code (Last Updated: January 10, 2017) |
 |
Agency DOC. Department of Corrections |
|
Chapter 373. Youth Conduct In Type 1 Secured Correctional Facilities |
|
SubChapter X. Disposition of Conduct Rule Violations |
Section 373.72. Procedure when the right to a disciplinary hearing is waived.
Latest version.
- When a youth is alleged to have committed a major conduct rule violation, the superintendent has reviewed and approved the conduct report under s. DOC 373.70 and the youth has waived the right to a disciplinary hearing under s. DOC 373.71 (5) , the following procedure shall be followed:(1) The youth shall appear before a hearing officer not less than 24 hours nor more than 7 days after the date the approved conduct report is given to the youth.(a) The youth may request more time for preparation or a waiver of time limits. Unless there are good reasons for not granting more time or a waiver of time limits, a reasonable amount of additional time or a waiver of time limits shall be granted.(b) Time limits may be exceeded due to the absence or unavailability of the youth.(2)(a) The hearing officer shall review the conduct report and discuss it with the youth.(b) The youth shall be provided with an opportunity to respond to the report and present the youth's version of the facts relating to the alleged violation.(c) The hearing officer may question the youth.(d) The youth has no right to a staff advocate, to confront witnesses or to have witnesses testify on the youth's behalf. Staff who wrote the conduct report need not be present.(3) The hearing officer shall decide the guilt or innocence of the youth on each charge, decide the discipline and announce these decisions to the youth. Penalties may be imposed under s. DOC 373.80 .(4) A finding of guilt shall be based on a preponderance of the evidence.(5) The hearing officer shall document the findings for each charge, the reasons for the findings, the disposition and the reasons for the disposition. The hearing officer shall submit the documentation to the superintendent.(6) A person directly involved in preparing the conduct report may not conduct a disciplinary hearing on that conduct report.