Code of Massachusetts Regulations
109 CMR - DEPARTMENT OF YOUTH SERVICES
Title 109 CMR 8.00 - THE GRANTING AND REVOCATION OF CONDITIONAL LIBERTY FOR YOUTH COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES
Section 8.09 - Revocation Hearing
Current through Register 1531, September 27, 2024
A hearing shall be conducted by a Hearing Officer within seven working days after the return of a youth from a Community Placement to a Secure Placement, unless the youth or the Department requests and is granted a continuance by the Hearing Officer. Continuances may only be granted where a youth has not received proper notice of the alleged violations and additional time is necessary for the youth to obtain or review relevant evidence. This hearing will follow procedural requirements including:
(a) Written notice of the allegations against the youth within one business day of the youth's return to custody;
(b) Disclosure of evidence against the youth two business days prior to the hearing, or where emergent events arise while the youth is awaiting hearing, as soon as reasonably practicable prior to the hearing;
(c) Notice of all witnesses one business day prior to the hearing;
(d) Opportunity to be heard by the Hearing Officer;
(e) Right to confront and cross-examine adverse witnesses;
(f) Access to counsel, either appointed by the Committee for Public Counsel Services or privately retained;
(g) Right to call witnesses on his or her own behalf;
(h) Receipt of the Hearing Officer's decision within two business days of the hearing; and
(i) Right to appeal the Hearing Officer's decision as outlined in 109 CMR 8.12. The rules of evidence used in judicial proceedings shall not apply.
