Perf-Based Stds, Juvenile Correctional Facilities, 5th Ed_DEC 2024

Part 3: Justice and Order

3C. - PERFORMANCE-BASED STANDARD: HEARINGS Alleged rule violations are handled in a manner that provides juveniles with appropriate procedural safeguards. EXPECTED PRACTICES Expected Practices 4-JCF-3C-01 through 4-JCF-3C-04 were moved to section 4A and renumbered. Juveniles Notified of Violation in Writing 5-JCF-3C-01 (Ref 4-JCF-3C-05) A juvenile charged with a major violation of facility rules is given a written copy of the alleged rule violation(s) within 24 hours of the infraction(s) The hearing may be held within 24 hours with the juvenile’s written consent

Comment : To ensure due process, it is essential that juveniles be given written notice of the charges against them as soon as possible within 24 hours for major rule violations. Protocols : Written policy and procedure; disciplinary forms; notice of charges form; hearing forms. Process Indicators : Disciplinary records; juvenile records; hearing records; inter views. Juveniles charged with rule violations are scheduled for a hearing as soon as practicable but no later than seven days, excluding weekends and holidays, after being charged with a violation. Juveniles are notified of the time and place of the hearing at least 24 hours in advance of the hearing Comment : To ensure fairness and the integrity of the disciplinary process, juve niles charged with rule violations should receive hearings as soon as possible un less the hearing is prevented by exceptional circumstances, unavoidable delays, or reasonable postponements. Reasons for all delays should be documented. Protocols : Written policy and procedure; notice-of-hearing form; disciplinary forms; hearing-record form. Process Indicators : Disciplinary and hearing forms; juvenile records; hearing records.

Hearing Scheduled 5-JCF-3C-02 (Ref 4-JCF-3C-06)

44 Juvenile Correctional Facilities, Fifth Edition