Major Discipline Review Hearing
A. At the hearing the Major Discipline Reviewer reads and fully explains to the resident and his/her advocate the circumstances of the charge and/or reason for the Review. The Reviewer also informs the resident of his/her right to:
1. Be represented by an attorney, a social worker, another resident of his/her choosing or another community member or staff member of his/her choosing.
2. Retain or use an attorney to represent him/her at his/her own expense.
3. Admit, deny or remain silent regarding the stated charge(s).
4. Privately make an initial statement to admit or deny the charges to the Reviewer in the absence of witnesses and/or staff the resident or his/her advocate.
5. Disclosure of the evidence that will be presented against him/her during the Review hearing.
6. Present evidence on his/her behalf that includes witnesses and documentation.
7. Have all witnesses questioned in the presence of the resident. If the Reviewer finds that such questioning will jeopardize the physical safety of the witness, that witness may testify out of the presence of the resident, but in the presence of the resident’s advocate when applicable.
8. Testify (although the resident is not required to do so). In all cases, the resident shall be advised that if she/he wishes to testify, anything she/he says may be considered by the Major Discipline Reviewer as well as in future court proceedings, if any. The reviewer does not consider the resident’s decision not to testify as an admission or indication of guilt or wrongdoing.
9. Cross-examine any witnesses that the resident does not present. The resident can also compel the presence of staff or other residents as witnesses by requiring that the Superintendent or designee require their presence at the hearing.
10. The right to appeal the Review decisions and/or the imposed penalty to the Superintendent. All sanctions are suspended pending the outcome of the appeal.
11. Paragraph A is consistent with American Correctional Association (ACA) Standards 3-JDF-3C-14; 3-JTS-3C-16; 3-JDF-3C-15; 3-JTS-3C-17; 3-JDF-3C-16; 3-JTS-3C-18; 3-JDF-3C-17; 3-JTS-3C-19 and 3-JTS-3C-20.
B. All witnesses testify only in the presence of the Major Discipline Reviewer, the resident and the resident’s advocate unless the Major Discipline Reviewer determines that such testimony jeopardizes the safety of the witness. Paragraph B is consistent with ACA Standards 3-JDF-3C-15 and 3-JTS-3C-17.
C. The Reviewer may exclude evidence that is cumulative or presented solely to harass or delay the Review.
D. The Reviewer’s decision is based solely on information obtained during the hearing process; the burden of proof is on the Division to demonstrate by clear and convincing evidence that the resident violated the rules of behavior. Paragraph D is consistent with ACA Standard 3-JTS-3C-20.
E. The Reviewer submits the decision in writing no later than two (2) days after the close of the Review.
1. The decision includes a brief summary of the evidence presented at the Review, the evidence that supports the finding(s) and the reasons for the decision and penalty imposed.
2. The decision affirms that the resident’s disciplinary record was considered in arriving at the sanction as well as the manner in which the record review affected the imposed sanction.
3. The decision affirms that the resident’s disciplinary history was not considered in determining guilt but only considered during the penalty phase of the Review.
4. Paragraph E is consistent with ACA Standards 3-JDF-3C-18 and 3-JTS-3C-21.
F. If the resident is found guilty of the charge(s) his/her record may be used to determine the sanctions to be imposed.
1. The sanctions are consistent with the requirement for progressive discipline.
2. The resident’s past discipline record is only considered after the Major Discipline reviewer determines that the resident is guilty of the charge(s). Further, the record can only be used to weigh the appropriateness of the sanctions.
3. When the resident’s prior discipline record is used to determine penalties, the Reviewer discusses this in the presence of the resident and his/her advocate.
G. The resident and his/her advocate receive a copy of the written decision upon its completion. Paragraph G is consistent with ACA Standards 3-JDF-3C-18 and 3-JTS-3C-21.
H. Notification of the right to appeal is written on the face of the decision and provided verbally when the resident receives the written decision. The resident is also advised of the appeal procedure. Paragraph H is consistent with ACA Standards 3-JDF-3C-21 and 3-JTS-3C-24.
I. A copy of the written decision is placed in the resident’s record in RICHIST. Paragraph I is consistent with ACA Standards 3-JDF-3C-18; 3-JTS-3C-21; 3-JDF-3C-19 and 3-JTS-3C-22.
J. At any point in the process, the Major Discipline Reviewer may make a referral for clinical intervention. As a result of a finding of guilty, the Major Reviewer may impose the following sanctions:
1. A warning and/or discussion with the resident regarding the incident.
2. A resident’s participation in a restorative justice meeting with the person(s) who was adversely affected by the resident’s actions. This may include reasonable restitution based on the resident’s ability to pay and the value of the damaged property.
3. Loss of a resident’s points on one shift.
4. Placing a resident in his/her room for a maximum of (1) hour.
5. Extra chores, homework, book reports, facility and public assignments for up to a maximum of five (5) days.
6. Sending a resident to his/her room before “lights-out” but not earlier than 8 PM (limited to one night for each incident; or one hour before the resident’s customary bedtime).
7. Loss of a resident’s points for one day.
8. Loss of the second scheduled weekly visit or any special visit for one week.
9. Loss of one unit level.
11. Paragraph J is consistent with ACA Standards 3-JDF-3C-02 and 3-JTS-3C-02.
