Section 2504.50 Review of Disciplinary Reports

Section 504

Section 2504.50  Review of

Disciplinary Reports

a)         The Chief Administrative Officer of each facility shall

designate one or more Reviewing Officers.

b)         The Reviewing Officer shall review the decision to place a youth

in temporary confinement within 3 days after such placement, whenever possible,

and may order release from or placement in temporary confinement.  Among other

matters, the factors listed in Section 2504.40(a) may be considered.  If a

disciplinary or investigative report has not been written within 3 days after

placement in temporary confinement, the Reviewing Officer shall inform the

Chief Administrative Officer.

c)         A youth who receives an investigative report shall be

interviewed by the Reviewing Officer in order to permit the youth an

opportunity to present his or her views regarding placement in investigative

status.  The interview shall be conducted within 3 days after initial placement

of a youth in investigative status, whenever possible.

1)         The Reviewing Officer shall recommend whether to continue

placement of the youth in investigative status.  Among other matters, factors

listed in Section 2504.40(a) may be considered.  The Chief Administrative

Officer shall make the final determination.

2)         The youth shall be informed of the decision and the decision

shall be documented in writing.

3)         The youth may be detained in investigative status for up to 5

days.

4)         If the investigation does not indicate that the youth may be

guilty of any disciplinary offense, placement in investigative status shall be

terminated and the report shall be expunged from the youth's records.  A copy

shall be maintained in an expungement file.  This decision shall be made by the

Chief Administrative Officer and shall be documented in writing.

5)         If, as a result of the investigation, it is necessary to amend

or modify the original charges, the youth shall be issued a revised

disciplinary report

s shall be

terminated and the report shall be expunged from the youth's records.  A copy

shall be maintained in an expungement file.  This decision shall be made by the

Chief Administrative Officer and shall be documented in writing.

5)         If, as a result of the investigation, it is necessary to amend

or modify the original charges, the youth shall be issued a revised

disciplinary report.

6)         Upon completion of the investigation, the youth shall appear

before the Adjustment Committee for a hearing on the disciplinary report unless

the report has been expunged.

7)         In the event that an investigation cannot be completed within 5

days due to an institutional emergency, the Chief Administrative Officer may

personally authorize, in writing, an extension of up to 5 days placement in

confinement for juveniles pending investigation.  As used in this Section, an

institutional emergency includes riots, strikes, lockdowns, and natural

disasters.

d)         The

Reviewing Officer shall review each disciplinary report and determine whether:

1)         The reported facts justify a disciplinary hearing.  If not,

the report shall be expunged from the youth's records.  A copy shall be

maintained in an expungement file.

2)         The disciplinary report has been completed properly.  If not,

the Reviewing Officer shall make the necessary corrections or direct the

reporting employee to make the corrections.  The youth shall be provided with a

copy of the corrected report.  In the event the corrected report contains new

charges, the youth shall be provided a copy of the corrected report at least 24

hours prior to the hearing, unless the youth waives this notice in writing.

3)         The offense is major or minor in nature.  Major offenses shall

be assigned to the Adjustment Committee for a hearing and minor offenses shall

be assigned to the Program Unit for a hearing

e event the corrected report contains new

charges, the youth shall be provided a copy of the corrected report at least 24

hours prior to the hearing, unless the youth waives this notice in writing.

3)         The offense is major or minor in nature.  Major offenses shall

be assigned to the Adjustment Committee for a hearing and minor offenses shall

be assigned to the Program Unit for a hearing.

A)        Aiding and abetting, soliciting, attempting to commit,

conspiring to commit, or committing any offense listed in the 100, 200, or 500

series of Table A shall be considered a major offense.

B)        Those offenses listed in the 300 or 400 series or the aiding

and abetting, soliciting, attempting to commit, or conspiring to commit any of

these offenses shall be designated as major or minor based on the seriousness

of the offense and factors enumerated in Section 2504.20(b).