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

Part 3: Justice and Order

Review of Hearing 5-JCF-3C-10 (Ref 4-JCF-3C-14)

Established processes provide for review of all disciplinary hearings and dis positions by the facility administrator or designee to assure conformity with policy and regulations Comment : At the conclusion of the disciplinary hearing, the hearing record should be forwarded to the facility administrator or designee for review. This review should ensure the hearing was conducted in accordance with stated procedures and that the action taken conforms to facility regulations. Protocols : Written policy and procedure; hearing-review forms; disciplinary- hear ing forms. Process Indicators : Hearing-review documentation; disciplinary-hearing records; juvenile records. Juveniles are provided the right to appeal decisions of the disciplinary com mittee to the facility administrator or designee Juveniles have up to 15 days of receipt of the decision to submit an appeal The appeal is decided within 30 days of its receipt, and the juvenile is promptly notified in writing of the results Comment : The appeal process should consider three factors: whether there was substantial compliance with facility policies and procedures in handling juvenile discipline; whether the disciplinary committee’s decision was based on substantial evidence; and whether, under the circumstances, the sanction imposed was propor tionate to the rule violated. Protocols : Written policy and procedure; disciplinary forms; rules and regulations; juvenile handbook; appeal forms; appeal-hearing-notice forms. Process Indicators : Disciplinary records; appealed disciplinary-action records; copies of notices to juveniles; juvenile records.

Appeal 5-JCF-3C-11 (Ref 4-JCF-3C-15)

48 Juvenile Correctional Facilities, Fifth Edition