Section 2504.90 Program Unit Hearing Procedures

Section 504

Section 2504.90  Program Unit

Hearing Procedures

a)         The Program Unit 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 is unable to participate in the hearing.

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

charges being presented against him or her prior to the hearing.

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

basis for the disciplinary report, or who conducted a formal investigation into

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

impartial shall not conduct a hearing on that report.

d)         The hearing may be continued to obtain additional information

or upon the youth's written request and for good cause shown.

e)         The youth shall have the right to appear before and address

the Program Unit Hearing Officer.

f)         The Program Unit Hearing Officer may call witnesses and review

any information relevant to the charge.

g)         The youth shall not have the right to retained or appointed

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

preparation of his or her defense if the individual is illiterate or does not

speak English or when other circumstances exist that preclude the individual

from adequately preparing his or her defense.

h)         The Program Unit Hearing Officer may return a disciplinary

report to the Chief Administrative Officer with a recommendation for a hearing

before the Adjustment Committee.  The factors listed in Section 2504.20(b)

shall be considered when making this determination.

1)         If approved by the Chief Administrative Officer, a hearing

before the Adjustment Committee shall commence within 7 days after the

approval, whenever possible

eturn a disciplinary

report to the Chief Administrative Officer with a recommendation for a hearing

before the Adjustment Committee.  The factors listed in Section 2504.20(b)

shall be considered when making this determination.

1)         If approved by the Chief Administrative Officer, a hearing

before the Adjustment Committee shall commence within 7 days after the

approval, whenever possible.

2)         If not approved, the disciplinary report shall be referred

back for a hearing before the Program Unit which shall commence within 7 days after

the decision not to approve the recommendation, whenever possible.

i)          The Program Unit Hearing Officer may recommend any of the

actions authorized in Section 2504.70(k) of this Part except that the Officer

may not recommend placement in segregation or confinement, delay in referral of

a youth to the Prisoner Review Board for recommended parole or aftercare, an

increase in the youth's security classification, or transfer to another youth

center.

j)          A record shall be signed by the Hearing Officer that contains

a summary of oral and written statements and other evidence presented, the

decision, and the disciplinary action recommended.

k)         The summary shall be processed in accordance with Sections 2504.70(o)

and (p) and 2504.80 of this Part.