Section 2504.80 New or Additional Proceedings

Section 504

Section 2504.80  New or

Additional Proceedings

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

shall remand the decision to the Adjustment Committee for new proceedings if

the proceedings are found to be defective due to:

1)         Inadequate notice, including failure to state the correct date

of the offense on the disciplinary report or failure to provide the youth with

24-hour notice of the hearing and such notice was not waived.

2)         Lack of impartiality of the Adjustment Committee.

3)         Improper exclusion of witnesses.

4)         Failure to provide exonerating information to the youth prior

to the hearing.

b)         New or additional proceedings may be ordered in other

circumstances, as determined by the Director, Deputy Director, or Chief

Administrative Officer.

1)         The youth shall be provided with notice of the rehearing

within a reasonable time after the Chief Administrative Officer's decision or

the youth center's receipt of the decision.

2)         The rehearing shall commence within 7 days after the Chief

Administrative Officer's decision or the youth center's receipt of the decision,

whenever possible.

3)         The procedures on remand shall be conducted in accordance with

the procedures governing the hearing on the original charge.

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

may remand the decision to the Adjustment Committee for additional

documentation, correction, or clarification of the Adjustment Committee

summary, including the statement of reasons for excluding witnesses, the basis

for the finding of guilt and imposition of sanctions, statement of reasons for

deeming sources to be confidential, or the failure to specify reasons for

finding a confidential source to be reliable.

1)         The youth shall not have the right to a new hearing, but shall

be notified of the decision

tment Committee

summary, including the statement of reasons for excluding witnesses, the basis

for the finding of guilt and imposition of sanctions, statement of reasons for

deeming sources to be confidential, or the failure to specify reasons for

finding a confidential source to be reliable.

1)         The youth shall not have the right to a new hearing, but shall

be notified of the decision.

2)         After the Adjustment Committee has amended its summary, it

shall be forwarded to the Chief Administrative Officer and then to the Director

in accordance with the procedures applicable to review of the original

disposition.

d)         Upon remand, sanctions greater than those imposed at the

original hearing shall not be permitted unless the youth is charged with a

different offense that provides for a greater penalty than provided for under

the original charge or new evidence is produced which was not available at the

original hearing which justifies the imposition of greater punishment.

However, this does not prohibit the youth from being found guilty and

disciplined on remand when the Adjustment Committee had erroneously dismissed

the disciplinary report on procedural grounds.