Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 12 - POLICY AND PROCEDURES MANUAL - JUVENILE › Subsection 201-12-15.3 - Resident Discipline System

Current through 2024-29, July 17, 2024
I.
AUTHORITY
The Commissioner of Corrections adopts this policy pursuant
				  to the authority contained in Title
				  34-A M.R.S.A.
				  Sections1402,
				  1403, and
				  3032.
II.
APPLICABILITY
All Departmental Juvenile Facilities
III.
POLICY
Residents, staff, and others have the right to feel safe and
				  be protected from harm. Security and orderly management of the facility must be
				  preserved. Residents who exhibit unacceptable behaviors shall be held
				  accountable by having consequences imposed for their misconduct. The goals of
				  resident accountability are to impose consequences that are directly related to
				  the unacceptable behavior, deter future misconduct, teach new behaviors, and
				  provide a safe and secure environment. Each facility shall ensure that all
				  residents are provided with the information outlined in this policy and
				  procedures. This policy and procedures shall be reviewed annually and updated
				  as necessary.
IV.
CONTENTS
Procedure A: Violations of Rules
Procedure B: Consequences for Violations
Procedure C: Minor Misconduct
Procedure D: Major Misconduct
Procedure E: Informal Resolution
Procedure F: Formal Disciplinary Process
Procedure G: Juvenile Code or Criminal Code Violations
V.
ATTACHMENTS
(APA Office Note: these may be obtained from
				the Department of Corrections.)
Attachment A: Informal Consequence Form
Attachment B: Consequence Sheet
Attachment C: Misconduct Report
Attachment D: Violation Hearing Report
Attachment E: Violation Hearing Appeal Form
VI.
PROCEDURES
Procedure A: Violations of Rules
1. Facility rules, listing major and minor
				misconduct violations, shall be included in the Resident Handbook, which shall
				be provided to every committed resident during the admission process. The
				facility rules shall be posted in every housing unit. The facility rules shall
				also be explained to every resident as part of facility orientation.
2. Housing unit and other area specific rules
				shall be posted in the area to which they apply. These rules shall be explained
				to every resident as part of orientation to the housing unit or other area.
3. Resident behavior that violates
				facility or other rules shall be considered misconduct. The totality of the
				circumstances surrounding an incident of resident misconduct shall determine
				the level of misconduct and influence the intervention strategy and the
				consequences imposed. Staff shall exercise discretion when determining an
				appropriate course of action.
4.
				Unacceptable resident behavior shall be categorized as either of two degrees,
				dependent upon the behavior:
a.
Minor
				Misconduct:
Minor misconduct is behavior that is inappropriate but does
				not create a substantial risk to the safety of the resident or another person
				or to the security of the facility. The following behavior constitutes minor
				misconduct:
1) Failure to Maintain Cleanliness
				and Neatness of Oneself, Property, or Assigned Area (room, school desk, dining
				area, activity area, etc.).
2)
				Disrespectful Behavior Toward Another Person (name calling, swearing, offensive
				words or gestures, harassment other than harassment constituting major
				misconduct, ignoring staff, lying, etc.).
3) Failure to Follow a Staff Directive or
				Posted Rule (housing unit rule, library rule, dining room rule, visitation
				rule, etc.).
4) Failure to Conduct
				Oneself in an Orderly or Courteous Manner (horseplay, running except as part of
				an approved activity, arguing, loud or obnoxious noise, language, or behavior,
				etc.).
5) Unauthorized Physical
				Touching of Another Person (shoving, poking, grabbing, excessive physical
				contact during sporting activities, etc.).
6) Being Out of Place (being late for any
				program or activity, taking an excessive amount of time to arrive at a
				destination, etc.).
7) Damage or
				Destruction, Misuse, or Unauthorized Possession of Property (damaging or
				destroying property not belonging to the resident, using any item in a way in
				which it was not designed to be used, possession of any property of another
				party without authorization of facility staff, etc.), of Which The Cost of
				Replacement or Repair, Including Labor, is $50.00 or less.
8) Violation of any Facility Procedure
				Contained in the Resident Handbook (telephone use, correspondence procedures,
				care of facility issued property, etc.).
9) Refusal to Abide by an Informal Resolution
				of a Prior Misconduct Incident.
(All Violations Include Planning, Attempting, Inciting,
				  or Acting as an Accessory)
b.
Major Misconduct:
Major
				misconduct is behavior that creates a substantial risk to the safety of the
				resident or another person or to the security of the facility or constitutes a
				juvenile crime or crime. The following behavior constitutes major misconduct:
1) Arson or Possession of Any Item that Might
				be Used to Facilitate Arson (match, lighter, explosive, combustible chemical or
				other combustible material, etc.).
2) Hiding (concealing oneself or disguising
				oneself or wearing clothing not issued or authorized for the resident by the
				facility), Touching or Approaching the Security Fence, Escape (escape from the
				facility, a transport, or an off-grounds activity), or Being Out of Place
				During a Furlough Leave or Furlough Pass (leaving the supervision of the
				sponsor, failing to appear at the approved location, going to a location other
				than the approved location, or failing to return to the facility at the
				appointed time).
3) Use of
				Machinery, Computer, or Other Equipment Without Authorization or Using
				Authorized Machinery, Computer, or Other Equipment for an Unauthorized
				Purpose.
4) Possession of Major
				Contraband - an item prohibited by law (dangerous weapon, tool or other item
				that might be used to facilitate escape, alcohol, or illegal drugs), tobacco or
				tobacco related products (match, lighter, pipe, etc.), inhalant, medication,
				cash, check, money order, or any other legal currency, debit/credit card,
				telephone calling card, ATM card, or any account number information, key or
				keycard, or any item that might be used to harm self or another person without
				authorization of facility staff.
5)
				Fighting, Assault or Inflicting Bodily Injury on Others or Threatening any of
				these or Demonstrating or Practicing Wrestling, Boxing, or Other Martial
				Arts.
6) Assault with Body Fluid
				(spitting, excreting, or urinating on or at another person, throwing any body
				fluid or any fluid appearing to be or stated to be a body fluid on or at
				another person, or contaminating any item with any body fluid or any fluid
				appearing to be or stated to be a body fluid).
7) Sexual Contact (touching of a sexual
				nature, whether voluntary or involuntary, including kissing or hugging) or
				Exposure (exposing or fondling one's genitals, female breasts, or buttocks in
				the presence of another person).
8)
				Damage or Destruction, Misuse, or Unauthorized Possession of Property (damaging
				or destroying property not belonging to the resident, using any item in a way
				in which it was not designed to be used, possession of any property of another
				party without authorization of facility staff, etc.), of which the Cost of
				Replacement or Repair, Including Labor, is More than $50.00.
9) Dishonesty (stealing, making a false
				statement, counterfeiting, forgery, cheating, etc.).
10) Gang-Related Activity or Article
				(possessing any gang-related article or engaging in any gang-related activity,
				including the use of a gang gesture or symbol).
11) Tampering with or Blocking a Safety or
				Security Device (tampering with, blocking or obtaining control of any safety or
				security device, including, but not limited to, any locking device, door, fire
				alarm, smoke alarm, heat sensor, fire sprinkler, security touch screen, radio),
				Causing a False Alarm or Interfering with a Count or Failing to Obey a Staff
				Directive During an Emergency or a Critical Incident.
12) Producing a Positive Drug or Alcohol Test
				Result or Refusing to Take a Drug or Alcohol Test (outright refusal, failure to
				produce an adequate sample, tampering with a sample, failing to follow
				instructions for producing an uncontaminated sample, etc.).
13) Mistreatment of an Animal (abuse,
				harassment, etc.).
14)
				Demonstrating (organizing or participating in an unauthorized group
				demonstration, strike, sit-in, etc.).
15) Gambling (whether or not involving money,
				and including participation in legal gambling, such as state sponsored lottery
				games), or Bribery (whether or not involving money).
16) Violation of State or Federal Juvenile
				Criminal or Criminal Law.
17)
				Repeated Minor Misconduct (three or more minor misconduct violations arising
				out of three different incidents on the same day), if the Juvenile Program
				Manager or, in the Juvenile Program Manager's absence, the on-duty Juvenile
				Facility Operations Supervisor approves designating it as major
				misconduct.
18) Self-Injurious
				Behavior (cutting, rubbing, etc.), provided disciplinary intervention is
				prescribed by the resident's Unit Treatment Team after consultation with mental
				health staff and is outlined in the resident's case plan or, for a resident
				without a case plan, disciplinary intervention is deemed appropriate by mental
				health staff.
19) Body Piercing or
				Tattooing.
20) Harassment
				(harassment by words or gesture of any person that is motivated by the person's
				race, color, ethnicity, national origin, religion, creed, gender, sexual
				orientation, physical or mental disability, or juvenile crime).
21) Being in Another Resident's Room.
(All Violations Include Planning, Attempting, Inciting,
				  and Acting as an Accessory)
Procedure B: Consequences for Violations
1. Violations of rules may result in
				imposition of one or more of the following consequences, the reasons for which
				shall be explained to the resident prior to being imposed:
a. Verbal Redirection or Modification: This
				consists of staff interacting with the resident for the purpose of teaching the
				resident better alternatives to the behavior the resident just engaged in. This
				should occur immediately following the observed behavior but should not take
				place in front of other residents. A warning may or may not be included with
				the Verbal Redirection or Modification.
b. "Unacceptable" Rating on Daily Card: Staff
				may record that a resident's behavior was "unacceptable" during a particular
				rating period on the resident's Daily Card.
c. Writing Assignment: A resident may be
				assigned a writing project which offers an explanation and reflection into the
				behavior that violated the rule and a plan for alternative acceptable behavior
				in a similar situation. The writing assignment shall be collected and reviewed
				by the staff assigning the task. Staff shall give the resident appropriate
				direction and instruction to ensure completeness and accuracy. An alternative
				to writing may be assigned for a resident with a learning disability (e.g. a
				drawing, verbal report, etc.).
d.
				Extra Work Duties: A resident may be assigned one or more additional chores
				above and beyond the resident's daily assignments.
e. Monetary or Service Restitution: A
				resident may be required to pay monetary restitution for the purpose of
				repairing or replacing property damaged or destroyed by the resident or for the
				purpose of paying the cost of medical care incurred as a result of the
				resident's conduct. If a resident does not have the funds to pay for
				restitution, the resident may be assigned work projects, preferably relating to
				the incident, designed to reimburse the facility for costs, including labor and
				materials.
f. Specific Activity
				Restriction: A resident may lose a privilege to engage in one or two specific
				activities, preferably relating to the incident. Examples of such activities
				include, but are not limited to, watching television, group recreation, game
				playing, computer use, canteen purchase, library use, etc.
g. Unit Restriction: A resident may be placed
				on Unit Restriction. Unit Restriction means that when the resident is not
				participating in normal educational and treatment programs and excluding
				regular bedtime hours, the resident shall report to the resident's housing unit
				for a specified period of time, during which time the resident has lost the
				privilege of participating in activities outside the unit, other than regularly
				scheduled visits and meals. Time spent on Time Out or on observation status
				shall not count toward restriction time. The resident shall maintain all the
				privileges associated with activities taking place in the unit, except that the
				resident may not play sports or games while in the outdoor recreation
				area.
h. Pod Restriction: A
				resident may be placed on Pod Restriction. Pod Restriction means that when the
				resident is not participating in normal educational and treatment programs and
				excluding regular bedtime hours, the resident shall report to the resident's
				housing unit pod for a specified period of time, during which time the resident
				has lost the privilege of participating in activities outside the pod, other
				than regularly scheduled visits and meals. Time spent on Time Out or on
				observation status shall not count toward restriction time. The resident shall
				maintain all the privileges associated with activities taking place in the pod.
2. Extra Work Duties,
				Monetary or Service Restitution, Specific Activity Restriction, Unit
				Restriction, or Pod Restriction may only be imposed pursuant to the resident's
				agreement or the formal disciplinary process.
Procedure C: Minor Misconduct
1. A resident whose behavior constitutes
				minor misconduct may receive one or more of the following consequences. Staff
				shall consider the "totality of the incident" as well as any past misconduct by
				the resident when prescribing a consequence for minor misconduct.
Consequence
Duration
Verbal Redirection or
To the extent
							 necessary to accomplish the Modification intended outcome.
"Unacceptable" Rating
For the rating period
							 during which misbehavior occurred.
Writing Assignment
Sufficient in detail to
							 accomplish the intended outcome.
Extra Work Duties
Not to exceed one (1) hour
							 per day for up to two (2) days, as soon as practicable.
Monetary or Service Restitution
Sufficient
							 for reimbursement of costs
Specific Activity Restriction
One activity,
							 loss of privilege for up to a week (up to two (2) weeks with authorization of
							 the resident's Juvenile Program Manager, or designee).
Unit Restriction
No more than twelve (12)
							 hours, which may be consecutive or intermittent.
Pod Restriction
No more than twelve (12)
							 hours, which may be consecutive or intermittent.
Procedure D: Major Misconduct
1. A resident whose behavior constitutes
				major misconduct may receive one or more of the following consequences. Staff
				shall consider the "totality of the incident" as well as any past misconduct by
				the resident when prescribing a consequence for major misconduct.
Consequence
Duration
Verbal Redirection/Modification
To the extent
							 necessary to accomplish the intended outcome.
"Unacceptable" Rating
For the rating period
							 during which misbehavior occurred.
Writing Assignment
Sufficient in detail to
							 accomplish the intended outcome.
Extra Work Duties
Not to exceed one (1) hour
							 per day for up to four (4) days, as soon as practicable.
Monetary or Service Restitution
Sufficient
							 for reimbursement of costs costs
Specific Activity Restriction
Two (2)
							 activities, loss of privilege for up to four (4) weeks.
Unit Restriction
No more than thirty (30)
							 hours, which may be consecutive or intermittent.
Pod Restriction
No more than thirty (30)
							 hours, which may be consecutive or intermittent.
Procedure E: Informal Resolution
1. Any staff who observes, receives a report,
				or otherwise discovers minor or major misconduct may impose one or more of the
				above consequences. The resident shall be afforded the opportunity to explain
				his or her behavior prior to the staff determining the appropriate course of
				action.
2. The imposition of
				Verbal Redirection or Modification (with or without a warning), "Unacceptable"
				Rating, Writing Assignment, or Specific Activity Restriction for one (1)
				activity up to two (2) days does not require the resident's agreement.
3. The imposition of Extra Work
				Duties, Monetary or Service Restitution, Specific Activity Restriction, Unit
				Restriction, or Pod Restriction as an informal resolution requires the
				agreement of the resident. If the resident does not agree, the staff shall
				implement procedures for the formal disciplinary process as set forth below.
4. The imposition of Unit
				Restriction or Pod Restriction requires the approval of the resident's unit
				Juvenile Program Manager or, in the Juvenile Program Manager's absence, the
				Juvenile Program Specialist. If neither is available, the on-duty Juvenile
				Facility Operations Supervisor may authorize the restriction. If authorization
				is not given, the staff shall implement procedures for the formal disciplinary
				process. See Procedure F.
5.
				Documentation:
a. If Verbal Redirection or
				Modification is the only consequence imposed, the staff shall use discretion as
				to whether to record the incident and consequence. If the staff decides to
				record the matter, the staff may use the Daily Card and/or complete an incident
				report in CORIS.
b. If an
				"Unacceptable" Rating on the Daily Card is used, staff shall note the reason on
				the card. The staff may also complete an incident report in CORIS.
c. If a Writing Assignment is a consequence,
				the staff making the assignment shall ensure it is satisfactorily completed and
				that a copy of the writing assignment (or alternative assignment) is placed in
				the resident's Case Management File. The staff shall also complete an incident
				report in CORIS.
d. If there is any
				other consequence, a description of the incident and consequence shall be made
				on the Informal Consequence Form (Attachment A), which shall be placed in the
				resident's Case Management File. In addition, if the consequence is not
				completed immediately, an entry identifying the resident and the consequence to
				be completed shall be made on the Consequence Sheet (Attachment B) kept in the
				housing unit to track all residents who have consequences to complete. The
				Juvenile Program Specialist shall ensure the consequence is satisfactorily
				completed and that the Informal Consequence Form is then placed in the
				resident's Case Management File. The staff shall also complete an incident
				report in CORIS.
6. If
				the minor misconduct occurs while the resident is engaged in an activity that
				is a privilege, the staff may terminate the resident's participation in that
				activity for the remainder of the day regardless of whether the resident
				agrees. Any termination of participation in an activity shall not be considered
				in determining the appropriate consequence for a violation and shall not be
				counted toward the completion of any consequence imposed.
7. If the major misconduct occurs while the
				resident is engaged in an activity that is a privilege, the staff shall
				terminate the resident's participation in that activity for the remainder of
				the day regardless of whether the resident agrees. Any termination of
				participation in an activity shall not be considered in determining the
				appropriate consequence for a violation and shall not be counted toward the
				completion of any consequence imposed.
8. The Unit Treatment Team shall evaluate
				each incident giving rise to an informal resolution when determining Resident
				Behavior Motivation Program Level.
Procedure F: Formal Disciplinary Process
1. Any staff who observes, receives a report
				of, or otherwise discovers minor or major misconduct that the staff believes
				requires the imposition of Extra Work Duties, Monetary or Service Restitution,
				Specific Activity Restriction, Unit Restriction, or Pod Restriction, but that
				is not resolved through the informal resolution process, shall complete a
				Misconduct Report (Attachment C).
a. The
				Misconduct Report shall include, at a minimum:
1) The resident's name and number;
2) The specific violation alleged;
3) A description of the incident, including
				date, time, place, and other persons involved;
4) Any unusual resident behavior;
5) All staff witnesses;
6) Any physical evidence and its disposition;
7) Any staff action taken,
				including any use of force; and
8)
				Reporting staff's name and signature and date and time of completion of
				report.
b. The
				Misconduct Report shall be forwarded by the reporting staff to the on-duty
				Juvenile Facility Operations Supervisor, as soon as possible but prior to the
				reporting staff leaving the facility, for review to ensure the report clearly
				sets forth the incident and the violation alleged. If it does not, the Juvenile
				Facility Operations Supervisor shall assist the reporting staff in writing the
				report more clearly. Unless the Juvenile Facility Operations Supervisor
				determines that the matter should be resolved informally (if allowed by the
				other provisions of this policy), the report shall be sent to the Deputy
				Superintendent of Operations, or designee. If the Juvenile Facility Operations
				Supervisor determines that the matter should be resolved informally, the
				Juvenile Facility Operations Supervisor shall require the reporting staff to
				make the attempt at informal resolution. If the resident refuses an informal
				resolution that requires the resident's agreement, the report shall be sent to
				the Deputy Superintendent of Operations, or designee. The Juvenile Facility
				Operations Supervisor shall ensure that a written notice of the alleged rule
				violation is provided to the resident within twenty-four (24) hours of when the
				violation is observed by, reported to, or otherwise discovered by facility
				staff.
c. The Juvenile Facility
				Operations Supervisor shall notify the resident's housing unit of the incident
				so that an appropriate entry is made in the housing unit log. The Unit
				Treatment Team shall evaluate each incident giving rise to a Misconduct Report
				when determining Resident Behavior Motivation Program Level, when deciding
				whether to modify the Case Plan, and when deciding whether to recommend
				transfer to another housing unit. Such action may be taken regardless of the
				result of the formal disciplinary process.
d. If alleged major misconduct occurs while
				the resident is engaged in an activity that is a privilege and it is not
				informally resolved, the resident's Juvenile Program Manager, or designee, may
				suspend the resident's participation in that activity pending the resolution of
				the formal disciplinary process if it is determined that continued
				participation by the resident would create a risk to safety, security or
				orderly management.
e. Any
				suspension from participation in an activity shall not be considered in
				determining the appropriate consequence for a violation and shall not be
				counted toward the completion of any consequence imposed.
f. A resident shall not be placed on
				observation status pending investigation, hearing, or review of an alleged
				violation, except as provided in Policy 10.1, using the procedures and criteria
				for placement on that status. Any placement on observation status shall not be
				considered in determining the appropriate consequence for a violation and shall
				not be counted toward completion of any consequence imposed.
g. The Deputy Superintendent of Operations,
				or designee, shall assign staff not involved in the incident or the writing or
				reviewing of the report of the incident to commence an investigation within
				twenty-four (24) hours of receipt of the report. As part of the investigation,
				the investigator shall read the Misconduct Report to the resident and ask the
				resident if the resident wishes to make a statement. If the investigator cannot
				contact the resident due to the resident's unavailability (e.g., at court, in
				the hospital, or on escape), the contact shall take place as soon as possible
				after the resident becomes available. The resident shall notify the
				investigator of any known witnesses. The remainder of the investigation shall
				be of a scope sufficient to understand the facts and shall include, but not be
				limited to, discussions with significant witnesses, if available. The
				investigation shall be completed without unnecessary delay.
h. Upon completion of the investigation, the
				investigating staff shall forward the investigation report to the Deputy
				Superintendent of Operations, or designee, for review, along with a
				recommendation as to whether the Misconduct Report should be dismissed, the
				matter should be resolved informally (if allowed by the other provisions of
				this policy), or the Violation Hearing should proceed on the original violation
				alleged or another alleged violation.
i. If the Deputy Superintendent of
				Operations, or designee, decides to dismiss the Misconduct Report, all
				disciplinary documentation relating to the incident shall be destroyed. Other
				documents describing the incident shall not be destroyed.
j. If the Deputy Superintendent of
				Operations, or designee, decides to resolve the matter informally, the Deputy
				Superintendent of Operations, or designee, shall either attempt to resolve the
				matter informally or refer it back to the reporting staff to make the attempt
				at informal resolution. If the resident refuses an informal resolution that
				requires the resident's agreement, the matter shall be scheduled for a
				Violation Hearing.
k. If the Deputy
				Superintendent of Operations, or designee, decides that a Violation Hearing
				should proceed, the Deputy Superintendent of Operations, or designee, shall
				designate a hearing officer and schedule a hearing for as soon as practicable,
				but no later than seven (7) days, excluding weekends and holidays, after the
				alleged violation. If a violation is observed or discovered by any person who
				is not facility staff and is reported to facility staff, the seven (7) days for
				holding the hearing shall begin after receipt of the report by facility staff.
				If a hearing cannot take place within seven (7) days due to the resident's
				unavailability for a hearing (e.g., at court, in the hospital, or on escape),
				it shall be scheduled for as soon as practicable but no later than seven (7)
				days, excluding weekends and holidays, after the resident becomes available for
				a hearing. The reason(s) for any delay due to absence of the resident shall be
				documented. The Violation Hearing shall be conducted by a supervisory staff not
				involved in the incident or the writing or reviewing of the report of the
				incident or the investigation of the incident.
l. The resident shall be notified of the
				date, time and place of the Violation Hearing and the alleged violation at
				least twenty-four (24) hours prior to the hearing, unless the resident waives
				the twenty-four (24) hour notice. At the time of the notification, the resident
				shall be given a copy of the Misconduct Report and the investigation report,
				with any information that would identify a confidential informant removed. A
				summary of the information received from the confidential informant shall be
				provided to the resident.
m. The
				resident shall be offered the opportunity to have staff trained as counsel
				substitute assist the resident in preparation for the hearing and at the
				hearing. If it is determined at any time during the hearing process that a
				resident is not capable of preparing and presenting his or her defense
				effectively on his or her own behalf, the hearing officer shall assign a staff
				counsel substitute to assist the resident and shall continue the hearing if
				necessary to permit the counsel substitute to effectively assist the
				resident.
n. The resident shall be
				allowed to be present at the hearing unless the resident's presence would
				create a risk to self or others or the resident waives, in writing, his or her
				right to be present. If a hearing is conducted without the resident being
				present, the circumstances for the resident's absence shall be documented in
				the written summary.
o. The hearing
				officer shall ensure the resident understands the violation alleged and the
				evidence against the resident. If the resident admits the violation, the
				hearing officer shall afford the resident the opportunity to explain his or her
				behavior prior to determining which consequence or consequences to recommend.
				If the resident does not admit the violation, the resident or counsel
				substitute shall be allowed to call witnesses and present other evidence in the
				resident's defense to the extent it is reasonable. The resident or counsel
				substitute shall be allowed to question any witnesses called to testify against
				the resident to the extent it is reasonable. The hearing officer may require
				that the questioning of any witness be done through the officer. Any witness
				from outside the facility may testify by telephone or in writing. Whenever a
				resident is not allowed to call a witness, present other evidence, or question
				a witness, the hearing officer shall document the reason(s) in the written
				summary of the hearing. The hearing officer may question the resident and may
				call and question witnesses.
p. The
				hearing officer may continue a hearing for good cause, including a need for
				further investigation of the alleged violation. The reason(s) for any
				continuance shall be documented.
q.
				The hearing officer shall determine guilt or innocence based solely on the
				evidence presented at the hearing.
r. A guilty finding must be based on a
				determination that it is more probable than not that the resident committed the
				violation. A resident alleged to have committed a major misconduct may be found
				guilty of a minor misconduct rather than the major misconduct, provided the
				minor misconduct is of the same nature as the major misconduct alleged. If a
				resident is found guilty of a violation, the hearing officer shall recommend a
				consequence or consequences for the violation.
s. If the resident is found not guilty, all
				disciplinary documentation relating to the incident shall be destroyed. Other
				documents describing the incident shall not be destroyed.
t. The resident shall be advised of the
				decision and the basis for it and of the consequence or consequences
				recommended for each guilty finding. The hearing officer shall prepare a
				written summary of the evidence presented, the decision, a statement of the
				basis and evidence relied on for the decision, and the recommended consequence
				or consequences for each guilty finding, using the Violation Hearing Report
				(Attachment D). All documentation relating to the Violation Hearing shall be
				provided to the resident as soon as possible and no later than twenty-four (24)
				hours after the hearing, unless the resident has less than forty-eight (48)
				hours to release, in which case, it must be provided immediately following the
				conclusion of the hearing. When the resident is provided the documentation, the
				resident shall be advised in writing of the resident's right to appeal the
				decision and recommended consequence or consequences (using the Violation
				Hearing Appeal Form, Attachment E) and that even if there is no appeal the
				decision and recommended consequence or consequences are required to be
				reviewed by the Superintendent, or designee, prior to the imposition of any
				consequences. The resident shall be asked whether the resident wishes to waive
				the right to appeal.
u. If the
				resident signs the waiver, no appeal shall be considered and the documentation
				shall be immediately forwarded to the Superintendent, or designee, for review.
				No consequence shall commence until the decision and recommendation have been
				reviewed and approved.
v. If the
				resident does not sign the waiver, the resident may appeal within fifteen (15)
				days of the hearing, unless the resident has less than fifteen (15) days until
				release, in which case, the resident may appeal no later than one (1) hour
				prior to release. If an appeal is not received within fifteen (15) days (or
				other time frame for a resident who has less than fifteen (15) days until
				release) no appeal shall be considered and the documentation shall be forwarded
				to the Superintendent, or designee, for review. Any appeal received within
				fifteen (15) days (or other time frame for a resident who has less than fifteen
				(15) days until release) and the other documentation shall be forwarded to the
				Superintendent, or designee, for review. No consequence shall commence until
				the review is decided
w. The
				Superintendent, or designee, must decide the review within thirty (30) days of
				receiving the documentation. The Superintendent, or designee, may affirm,
				modify, or reverse the decision of the hearing officer and/or recommended
				consequence or consequences or remand the matter to the hearing officer or
				other person involved in the violation process. In the case of a resident who
				has been identified as mentally ill or developmentally disabled, the
				Superintendent, or designee, shall consult with the appropriate mental health
				staff prior to determining the consequence or consequences. The Superintendent,
				or designee, may not increase the severity of the consequence or consequences
				recommended unless unusual circumstances, documented by the Superintendent, or
				designee, warrant an increase. The resident shall be notified in writing of the
				decision by the Superintendent on review (Attachment D).
2. If a finding of guilt is affirmed after
				review, all records relating to the Violation Hearing shall be placed and
				remain in the resident's Master Administrative Record. The Juvenile Program
				Specialist shall ensure the result of the review of the Violation Hearing is
				noted in the housing unit log and a copy placed in the resident's Case
				Management File and also entered into CORIS. In addition, if a consequence is
				not completed immediately, an entry identifying the resident and the
				consequence to be completed shall be made on the Consequence Sheet kept in the
				housing unit to track all residents who have consequences to complete. The
				Juvenile Program Specialist shall ensure the consequence is satisfactorily
				completed and that a notation that the consequence has been completed is then
				made on the copy of the review in the resident's Case Management
				File.
Procedure G: Juvenile Code or Criminal Code
				  Violations
1. If a resident
				allegedly commits Major Misconduct which might constitute a juvenile crime or
				crime, the Superintendent shall decide whether the facility Correctional
				Investigator shall conduct an independent investigation into the alleged
				juvenile crime or crime, separate from the violation investigation performed by
				facility staff for the formal disciplinary process. After the Correctional
				Investigator has completed the investigation, the Superintendent shall refer
				the matter for prosecution to a district attorney or the Attorney General's
				Office. Even when a decision to refer for prosecution is made, the alleged
				violation may also be processed by the facility through the formal disciplinary
				process.