Wisconsin Administrative Code
Department of Corrections
Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities
Subchapter X - Disposition of Conduct Rule Violations
Section DOC 373.72 - Procedure when the right to a disciplinary hearing is waived
Current through August 26, 2024
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.
(2)
(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.
(7) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.