Wis. Admin. Code Department of Corrections DOC 346.48 - Disciplinary hearings
The operational plan under s. DOC 346.04 shall contain policies and procedures relating to disciplinary hearings, including all of the following components:
(1) Whenever cell confinement of 6 hours or
more is proposed as a disciplinary measure, the juvenile shall be given a
disciplinary hearing. Notice of the hearing and specific charges shall be given
at least 12 hours prior to the hearing unless the notice is waived by the
juvenile. The juvenile shall be advised of the following rights:
(a) The right to request the presence of
available material witnesses.
(b)
The right to have the facility provide a staff advocate or adequate substitute
to assist the juvenile in responding to the charges.
(2) The disciplinary hearing shall be held
before an impartial hearing officer or committee within 24 hours of receipt of
the written notice by the juvenile.
(3) At the hearing, the juvenile or the
juvenile's representative shall be entitled to call witnesses and present
documentary evidence which are material to the determination of the facts of
the alleged violation.
(4) No later
than 24 hours after the hearing, the hearing officer shall issue a written
decision and instructions for possible appeal to the superintendent.
(5) A juvenile may waive the right to a
disciplinary hearing in writing at any time. A waiver does not constitute an
admission of the alleged violation.
(6) A juvenile may appeal the decision of the
hearing officer to the superintendent within 24 hours of receipt of the
decision.
(7) The superintendent
shall issue a written decision no later than 24 hours after receipt of an
appeal under sub. (6).
Notes
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