Wis. Admin. Code Department of Corrections DOC 373.71 - Notice of alleged major conduct rule violation
When a youth is alleged to have committed a major conduct rule violation and the superintendent has reviewed and approved the conduct report pursuant to s. DOC 373.70, the following procedure shall be followed:
(1) The superintendent shall give a copy of
the approved conduct report to the youth within 7 days of placement in
prehearing security.
(2) The
superintendent shall inform the youth orally and in writing of the conduct rule
which the youth is alleged to have violated.
(3) The superintendent shall inform the youth
orally and in writing of the potential penalties which may be
imposed.
(4) The superintendent
shall also inform the youth orally and in writing of all of the following:
(a) That the youth has a right to a
disciplinary hearing at which the youth may present oral, written, documentary
and physical evidence, and evidence from voluntary eye witnesses.
(b) That the youth has a right to the
assistance of a staff advocate, the right to ask questions of the witnesses,
that repetitive, disrespectful and irrelevant questions may be forbidden and
that the youth may appeal the finding and disposition of the hearing officer to
the superintendent.
(c) That the
youth may waive the right to a disciplinary hearing and to the other rights
specified in this subsection and that a waiver is not an admission of
guilt.
(5) The youth may
elect to waive the right to a disciplinary hearing at anytime. The waiver shall
be in writing and shall be submitted to the superintendent. The superintendent
may not accept a written waiver by a youth if the superintendent believes that
the youth lacks the mental capacity to waive the disciplinary
hearing.
Notes
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