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 373.78 - Disciplinary hearing: evidence

Universal Citation: WI Admin Code ยง DOC 373.78

Current through August 26, 2024

(1) During a disciplinary hearing, the hearing officer shall consider any relevant evidence, whether or not it would be admissible in a court of law and whether or not any violation of this chapter occurred in the process of gathering the evidence, unless any of the following applies:

(a) The evidence is not reliable.

(b) The evidence duplicates evidence already received at the disciplinary hearing.

(2) Evidence is relevant if that evidence makes it appear more likely or less likely that the youth committed the violation of which the youth is accused.

(3) A finding of guilt shall be based on a preponderance of the evidence.

(4) After a finding of guilt by the hearing officer, confidential informant material shall be forwarded to the superintendent for retention in restricted security records.

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