Wis. Admin. Code Department of Corrections § DOC 374.07 - ACRC hearing decision and youth appeal
(1) The ACRC shall
do all of the following after the hearing under s.
DOC
374.05 is completed:
(a) Deliberate in private considering only
the youth 's institution records and the evidence presented at the hearing that
supports or refutes the need for administrative confinement .
(b) Issue a written decision by majority vote
within 3 days after the hearing that does one of the following:
1. States that the evidence and the youth 's
institution records support the need for administrative confinement . The
decision shall state the period of time the youth shall remain in confinement
and may provide the conditions that must be met before the youth can be
released from administrative confinement .
2. States that the evidence and the youth 's
institution records do not support the need for administrative confinement , in
which case the ACRC shall issue a written order that requires the immediate
release of the youth from administrative confinement.
(c) Provide the youth with a copy of the
decision and a copy of the summary of the hearing record , except portions
regarding the identities of sources of information or containing statements or
evidence that could, upon disclosure, threaten personal safety or institution
security.
(2) A youth
may appeal an ACRC hearing decision to the superintendent within 5 days of the
date of the decision and may appeal a superintendent's decision to the
administrator within 5 days of the date of the superintendent's decision. The
superintendent or administrator shall issue a written decision within 7 days of
receipt of the appeal. Failure to issue a decision affirms the prior
decision.
Notes
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