Wisconsin Administrative Code
Department of Corrections
Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions
Section DOC 374.07 - ACRC hearing decision and youth appeal

Universal Citation: WI Admin Code ยง DOC 374.07

Current through August 26, 2024

(1) The ACRC shall do all of the following after the hearing under s. DOC 374.05 is completed:

(a) Deliberate in private considering only the youth's institution records and the evidence presented at the hearing that supports or refutes the need for administrative confinement.

(b) Issue a written decision by majority vote within 3 days after the hearing that does one of the following:
1. States that the evidence and the youth's institution records support the need for administrative confinement. The decision shall state the period of time the youth shall remain in confinement and may provide the conditions that must be met before the youth can be released from administrative confinement.

2. States that the evidence and the youth's institution records do not support the need for administrative confinement, in which case the ACRC shall issue a written order that requires the immediate release of the youth from administrative confinement.

(c) Provide the youth with a copy of the decision and a copy of the summary of the hearing record, except portions regarding the identities of sources of information or containing statements or evidence that could, upon disclosure, threaten personal safety or institution security.

(2) A youth may appeal an ACRC hearing decision to the superintendent within 5 days of the date of the decision and may appeal a superintendent's decision to the administrator within 5 days of the date of the superintendent's decision. The superintendent or administrator shall issue a written decision within 7 days of receipt of the appeal. Failure to issue a decision affirms the prior decision.

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