Section 2504.70 Adjustment Committee Hearing Procedures

Section 504

Section 2504.70  Adjustment

Committee Hearing Procedures

a)         The Adjustment Committee hearing shall be convened but need

not be concluded within 7 days after the commission of the offense or its

discovery, whenever possible, unless the youth has received a continuance or is

unable or unavailable for any reason to participate in the hearing.  For

purposes of this Section, when an investigation has taken place, an offense is

considered to be discovered upon the conclusion of the investigation.

Inability to participate includes the absence of the youth from the facility

for any reason or certification by health care staff that the youth is unable

to appear.

b)         The youth shall receive written notice of the facts and

charges being presented against him or her no less than 24 hours prior to the

Adjustment Committee hearing.  The youth may waive the 24-hour advance notice.

The waiver shall be in writing.

c)         The youth shall be informed before or at the hearing of

information that would tend to show that the youth was not guilty. If

information is provided to him or her at the hearing, the youth shall, upon

request, be given a continuance.

d)         Any person who initiated the allegations that serve as the

basis for the disciplinary report, or who conducted an investigation into those

allegations, or who witnessed the incident, or who is otherwise not impartial

shall not serve on the Adjustment Committee hearing that disciplinary report.  A

youth who objects to a member of the Committee based on a lack of impartiality

must raise the matter at the beginning of the hearing. The Committee shall

document the basis of the objection and the decision in the Adjustment

Committee summary.

e)         A youth may, upon written request and for good cause shown, be

granted additional time to prepare his or her defense

disciplinary report.  A

youth who objects to a member of the Committee based on a lack of impartiality

must raise the matter at the beginning of the hearing. The Committee shall

document the basis of the objection and the decision in the Adjustment

Committee summary.

e)         A youth may, upon written request and for good cause shown, be

granted additional time to prepare his or her defense.  If at the time of the

hearing the Committee determines that the youth was unable to prepare a

defense, because of a language barrier, the Committee shall automatically grant

a request for a continuance for language assistance.  The committee shall then

make the necessary arrangements for language assistance.  Inability to prepare

a defense due to a language barrier includes, but is not limited to, a request

for witnesses.

f)         Any youth charged with a violation of any rules shall have the

right to appear before and address the Committee.  Any refusal to appear shall

be documented and provided to the Committee.  However, failure to appear before

or address the Committee may be adversely construed against the individual by

the Adjustment Committee.

1)         The youth may make any relevant statement or produce any

relevant documents in his or her defense.

2)         Prior to the hearing, the youth may request that witnesses be

interviewed.  The request shall be in writing on the space provided in the

disciplinary report and shall include an explanation of what the witnesses

would state.  If the youth fails to make the request in a timely manner before

the hearing, the individual may be granted a continuance for good cause shown.

g)         The Committee shall consider all material presented that is

relevant to the issue of whether or not the youth committed the offense.

h)         The Adjustment Committee shall consider any statements of

witnesses with relevant knowledge of the incident who are reasonably available

in a timely manner before

the hearing, the individual may be granted a continuance for good cause shown.

g)         The Committee shall consider all material presented that is

relevant to the issue of whether or not the youth committed the offense.

h)         The Adjustment Committee shall consider any statements of

witnesses with relevant knowledge of the incident who are reasonably available.

1)         The Committee or its Hearing Investigator may interview

witnesses and prepare or review summaries of their testimony prior to or at or

subsequent to the hearing.

2)         The offender does not have the right to confront or

cross-examine any witnesses but may submit questions for witnesses to the

Committee prior to the hearing.  These questions shall be asked by the

Committee or its Hearing Investigator unless found to be cumulative, irrelevant,

or a threat to the safety of individuals or the security of the facility.

3)         A means shall be provided in each living unit for youth to submit

witness request slips.  The Committee may disapprove witness requests that are

not received prior to the hearing.

4)         Requests by youth for witnesses may be denied if their

testimony would be, among other matters, irrelevant or cumulative or would

jeopardize the safety or disrupt the security of the facility.  If any witness

request is denied, a written reason shall be provided.

5)         At least one person who serves as an Adjustment Committee

member shall hear the in-person testimony of the youth's witnesses where the youth

makes a timely request for the witnesses or is granted a continuance to request

witness testimony.  In-person testimony of the youth's witnesses shall be

defined as face-to-face contact or telephonic contact by the Adjustment

Committee

ovided.

5)         At least one person who serves as an Adjustment Committee

member shall hear the in-person testimony of the youth's witnesses where the youth

makes a timely request for the witnesses or is granted a continuance to request

witness testimony.  In-person testimony of the youth's witnesses shall be

defined as face-to-face contact or telephonic contact by the Adjustment

Committee.

6)         If the Adjustment Committee makes a written determination that

the in-person testimony by the witness requested by the youth would undermine

authority or would present potential disruption of the operations of the

facility or a threat to the safety of any person or institutional safety or

correctional goals, the Adjustment Committee may elect to accept the testimony

through other legally permissible means, including, but not limited to, a sworn

written summary of an interview of the witness or a sworn statement.

7)         A sworn written statement or sworn written summary of a

witness' testimony is a reasonable alternative to in-person testimony if the

witness' testimony will be accepted as credible and it involves verification of

alleged facts, including but not limited to a witness who will testify to the

authenticity of contents of a record or document, cell location, work

assignment, writ status, staff work schedule, or identification.

8)         When testimony is presented to the Adjustment Committee in the

form of a written summary or statement, a copy of the written summary or

statement shall be given to the accused youth unless the Adjustment Committee

finds that disclosure presents a threat to the safety of any person.

i)          The youth shall not have the right to either retained or

appointed counsel.  The youth may request the assistance of a staff member in

the preparation and presentation of his or her defense if he or she is

illiterate or does not speak English or when other circumstances exist that preclude

the individual from adequately preparing his or her defense

reat to the safety of any person.

i)          The youth shall not have the right to either retained or

appointed counsel.  The youth may request the assistance of a staff member in

the preparation and presentation of his or her defense if he or she is

illiterate or does not speak English or when other circumstances exist that preclude

the individual from adequately preparing his or her defense.

j)          The Adjustment Committee shall decide whether or not the youth

committed the offense based upon all relevant information and evidence.

1)         The Committee must be reasonably satisfied there is some

evidence that the youth committed the offense for the individual to be found

guilty.

2)         Polygraph results may be considered but may not be the sole

basis for finding the youth guilty of the offense.

k)         The Adjustment Committee shall take one of the following

actions, based upon the evidence admitted:

1)         Find that the youth did not commit the offense.  In that case,

the Committee shall order that the disciplinary report be dismissed and

expunged from the youth's record.  A copy shall be maintained in an expungement

file.

2)         Find that further investigation is necessary to determine if

the youth did or did not commit the offense and place the youth in

investigative status.

3)         Find that additional time is needed to obtain information

relative to the charge.  The hearing may be continued for a reasonable time.

However, unless the youth is placed in investigative status, the individual may

not be confined for more than 7 days from the date of placement in temporary

confinement.

4)         Find that the youth did commit the offense or a lesser offense

for which the elements were included in the original charge.  The Committee may

recommend one or more of the following disciplinary actions:

A)        Reprimand the youth.

B)        Suspend or restrict one or more privileges of the youth for a

specific period of time

s from the date of placement in temporary

confinement.

4)         Find that the youth did commit the offense or a lesser offense

for which the elements were included in the original charge.  The Committee may

recommend one or more of the following disciplinary actions:

A)        Reprimand the youth.

B)        Suspend or restrict one or more privileges of the youth for a

specific period of time.

C)        Reduce the youth's grade or level.

D)        Change the youth's program.

E)        Change the youth's housing assignment or transfer the individual

to another youth center.

F)         Increase the youth's security classification.

G)        Place the youth in confinement.  A youth may not be confined

for more than 7 consecutive days nor more than 15 days within a 30 day period

except in cases of violence or attempted violence in accordance with Section 2504.230.

Credit shall be given for any period of pre-hearing and investigative status

confinement.

H)        Require the youth to make restitution.

I)         Require forfeiture of items of contraband used in the offense

or possessed in violation of this Part.

J)         Delay referral of a youth to the Prisoner Review Board for

recommended parole or aftercare.

5)         This Part shall in no way be construed to restrict or limit

the Department's ability to administratively change a youth's job, educational,

program, or housing assignment, to restrict privileges, or to transfer the youth

to another facility.

l)          A written record shall be prepared and signed by all members

of the Committee that contains:

1)         A summary of oral and written statements and other evidence

presented.

A)        The Committee may consider information from confidential

sources if:

i)          It finds that his or her identity must be withheld for

reasons of security; and

ii)         The information is reliable

)          A written record shall be prepared and signed by all members

of the Committee that contains:

1)         A summary of oral and written statements and other evidence

presented.

A)        The Committee may consider information from confidential

sources if:

i)          It finds that his or her identity must be withheld for

reasons of security; and

ii)         The information is reliable.

B)        Reliability may be established by one of the following:

i)          The investigating officer has indicated, in writing and by

his or her appearance before the Adjustment Committee, the truth of his or her

report containing confidential information;

ii)         Corroborating testimony such as statements from other sources

or polygraph results; or

iii)        A statement by a member of the Adjustment Committee or an

oral or written statement to the Adjustment Committee by supervisory or

administrative staff that the individual has firsthand knowledge of the sources

of information and considers them reliable on the basis of their past record of

reliability.

C)        If the identity of a source is being withheld for reasons of

security, a statement to that effect and a statement that the Committee finds

the information reliable must be included.  A summary of the information

provided and the basis for the finding of reliability shall be documented, but

need not be included in the summary based on safety and security concerns.

2)         If the Committee members find that the youth committed the

offense, a statement as to their reasons for the finding. If exonerating

evidence is presented and disregarded, the Committee must state the basis for

disregarding the evidence.

3)         The disposition of the charges, the disciplinary action

recommended, and the reasons for recommending the disciplinary action

y concerns.

2)         If the Committee members find that the youth committed the

offense, a statement as to their reasons for the finding. If exonerating

evidence is presented and disregarded, the Committee must state the basis for

disregarding the evidence.

3)         The disposition of the charges, the disciplinary action

recommended, and the reasons for recommending the disciplinary action.

m)        If the safety or security of the youth center or any person is

jeopardized by certain references in the written record, they may be deleted

but the fact that omissions have been made shall be noted on the summary, along

with a finding that material is being deleted based on safety or security

concerns.

n)         If the youth is found guilty, the individual shall be informed

of the opportunity to appeal through the grievance procedures in 20 Ill. Adm.

Code 2504.Subpart C.

o)         A copy of the disciplinary report and Adjustment Committee

summary shall be forwarded to the Chief Administrative Officer for review and

approval and a copy shall be filed in the youth's record.  The youth shall be

given a copy of the Adjustment Committee summary.

p)         The Chief Administrative Officer shall review all Adjustment

Committee dispositions.  The Deputy Director of the Juvenile Division shall

review any Adjustment Committee disposition of a youth when the Committee has

recommended a delay in referral of the youth to the Prisoner Review Board for

more than 30 days.

1)         The Director, Deputy Director, or Chief Administrative Officer

may take the following actions:

A)        Confirm the recommendation in whole or in part.

B)        Order additional or new proceedings.

C)        Suspend or overturn the recommendation.

D)        Offer the youth a work assignment which, if accepted and

satisfactorily completed, will result in reduction of original disciplinary

sanctions

irector, Deputy Director, or Chief Administrative Officer

may take the following actions:

A)        Confirm the recommendation in whole or in part.

B)        Order additional or new proceedings.

C)        Suspend or overturn the recommendation.

D)        Offer the youth a work assignment which, if accepted and

satisfactorily completed, will result in reduction of original disciplinary

sanctions.

2)         The Director, Deputy Director, or Chief Administrative Officer

shall not increase the sanctions recommended by the Adjustment Committee, but

he or she may reduce them.  The youth shall be sent a copy of any modification

to the Adjustment Committee recommendations.