Ala. Admin. Code r. 950-1-12-.19

Current through Register Vol. 43, No. 1, October 31, 2024

Section 950-1-12-.19 - Rules And Discipline

(1)RULES OF CONDUCT

(a) Written rules of juvenile conduct specify acts prohibited within the Program and penalties that can be imposed for various degrees of violation.

(b) A rule book that contains all chargeable offenses, ranges of penalties, and disciplinary procedures shall be given to each juvenile and staff member and is translated into those languages spoken by significant numbers of juveniles. Signed acknowledgment of receipt of the rule book is maintained in the juvenile's file. When literacy or language problems prevent the juvenile from understanding the rule book, a staff member will explain and go over it with the juvenile.

(c) Written Policy, Procedure, and practice require that prior to area and/or privilege restriction, the juvenile is explained the reasons for the restriction and has an opportunity to explain the behavior leading to the restriction.

(d) During room/area restriction, staff contact is made with the juvenile at least every 15 minutes, depending on the emotional state of the juvenile. The juvenile assist in determining the end of the restriction period.

(2)DISCIPLINARY REPORTS

(a) Written Policy, Procedure, and practice, shallrequire that employees prepare a disciplinary report when they have a reasonable belief that a juvenile has committed a major violation of the Program's rules or reportable minor violations.

(3)PRE-HEARING ACTION

(a) Written Policy, Procedure, and practice specify that when major rule violation is reported, an appropriate investigation is begun within 24 hours of the time the violation is reported and is completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation. The juvenile shall receive a written copy of the alleged major rule violation within 24 hours of the infraction.

(4)DISCIPLINARY HEARING

(a) Written Policy, Procedure, and practice provide that disciplinary hearings are scheduled as soon as practicable within seven days, (excluding weekends and holidays) after the violation. Hearings are conducted by an impartial person or panel of persons. Juveniles receive a 24-hour advance notice of the hearing, and a written record of the hearing is maintained for at least six months.

(5)CONDUCT OF HEARING

(a) Written Policy, Procedure, and practice provides that juveniles have an opportunity to:

1. Be present at their Hearings unless they waive that right in writing or through their behavior

2. To make a statement and present documentary evidence at the Hearing

3. Request any staff member to represent them at disciplinary hearings, request witnesses on their behalf, the reason for denying such a request are stated in writing. Staff representatives are appointed when it is apparent that juveniles are not capable of effectively collecting or presenting evidence on their own behalf.

(6)HEARING RECORD

(a) Written Policy, Procedure, and practice should provide that a written record is made of the decision and the supporting reasons and that a copy is given to the juvenile. The Hearing record and the supporting documents are kept in the juvenile's file only if found to be guilty, also in the disciplinary committee's record.

(7)REVIEW

1. Written Policy, Procedure, and practice provide for review of all disciplinary hearings and dispositions by the program administrator or designee to assure conformity with Policy and regulations.

(8)APPEAL

(a) Written Policy, Procedure, and practice grant juveniles the right to appeal decisions of the disciplinary committee. Juveniles have up to 72 hours of receipt of the decision to submit an appeal. The appeal is decided within 7 days of its receipt, the juvenile is notified in writing.

Ala. Admin. Code r. 950-1-12-.19

New Rule: Filed December 17, 2004; effective January 21, 2005.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/21/2018.

Author: Alabama Department of Youth Services, Office of Licensing and Standards

Statutory Authority:Code of Ala. 1975, §§ 44-1-27(a)(b), 44-1-24(4)(6), 38-13-4.