Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 2504 - DISCIPLINE AND GRIEVANCES › Subpart A - ADMINISTRATION OF DISCIPLINE › Section 2504.70 - Adjustment Committee Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
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. 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.