Current through August 26, 2024
(1) When a superintendent places a youth in
administrative confinement, the ACRC shall conduct a hearing within the time
limits in sub. (3) to determine if a youth has been properly placed in
administrative confinement under s.
DOC 374.04.
(2) The superintendent shall give a youth
written notice of the hearing to be conducted by the ACRC within 24 hours of
placement in administrative confinement. The notice shall include:
(a) The reason that administrative
confinement is considered necessary.
(b) The evidence to be considered at the
hearing, which may include documents which have been amended to conceal the
identity of persons whose disclosure would threaten personal safety or
institution security.
(c) The
sources of information relied upon, unless the disclosure would threaten
personal safety or institution security.
(d) An explanation of the possible
consequences of any decision.
(e)
An explanation of the youth's rights at the hearing under sub. (4), including
the right to an advocate, the procedure for requesting an advocate and the role
of the advocate at the hearing.
(f)
The date, time and place of the hearing and an order directing the youth to
appear at the hearing.
(3) The ACRC shall conduct a hearing after
the youth is placed in confinement, to be held no sooner than one day and no
later than 7 days after service of the notice in sub. (2). A youth may request
that the ACRC delay the hearing for additional preparation time. Unless there
are good reasons for not granting additional time, the ACRC shall grant a
reasonable amount of additional time.
(4) At a hearing conducted by the ACRC, a
youth shall have all of the following rights:
(a) The right to be present at the
hearing.
(b) The right to deny the
allegations.
(c) The right to
present documentary evidence.
(d)
The right to call and question witnesses.
(e) The right to be assisted by an
advocate.
(f) The right to receive
a written decision, stating the reasons for the decision based upon the
evidence.
(g) The right to appeal
the finding under s.
DOC 374.07(2).
(5) At the hearing, all of the following
shall occur:
(a) The ACRC committee chair
shall read aloud the reason for placing the youth in administrative
confinement.
(b) All witnesses for
or against the youth shall have an opportunity to speak, including staff who
recommended placement and the youth.
(c) The ACRC may require medical or physical
evidence to be offered.
(d) The
ACRC may permit the youth or the youth's advocate, if any, to ask direct
questions of the witnesses or require the youth or the youth's advocate, if
any, to submit questions to the ACRC to be asked of the witnesses. If the ACRC
requires the youth or the youth's advocate to submit questions, the ACRC shall
provide a reasonable amount of time to the youth or the youth's advocate to
create the questions.
(e)
Repetitive, disrespectful or irrelevant questions may be forbidden.
(f) Whenever the ACRC determines that a
witness shall not be called or that the identities of sources of information
relied upon or any statements or evidence should not be included in the written
record because personal safety or institution security is implicated, the ACRC
shall indicate the fact of the omission in the hearing record which may consist
of a written summary of the proceedings.
