049-2 Wyo. Code R. § 2-5

Current through April 27, 2019

Section 2-5 - Transfer to a More Secure Institution

(a) A juvenile committed to the boys' school pursuant to W.S. 14-6-229(d) may be considered for transfer to an institution more secure than the boys' school only if:

• (i) The juvenile poses a danger to self or others;

• (ii) The juveniles actions demonstrate that he cannot be controlled in the boys' school due to its lack of security;

• (iii) The curtailment of liberty warrants additional protections; or

• (iv) The need for more security substantially outweighs any detrimental effect an the Juvenile's liberty interests.

(b) If the agency and superintendent decide to propose a transfer to a more secure Institution, an administrative hearing may be held If requested by the Juvenile in writing within five (5) days of receipt of the notice.

(c) If an administrative hearing is requested, it shall be conducted according to agency established policies and procedures, and shall Include:

• (i) Written notice of the proposed transfer and the planned hearing to the juvenile, parent or guardian, and representative; the notice shall comply with general procedures required in the Wyoming Administrative Procedure Act in W.S. W.S. W.S. 16-3-107;

• (ii) Allowing the juvenile time to prepare favorable evidence and rebut unfavorable evidence;

• (iii) Providing the juvenile with appropriate representation or other assistance;

• (iv) A record of the decision, including a tape recording of the hearing and written summary;

• (v) Sending a copy of the written summary and notice of the decision to the juvenile, parent or guardian, representative and the court; and

• (vi) Entitling the juvenile to a right to appeal appeal the decision to the agency and to request judicial review.

(d) The transfer to a more secure institution may take place immediately following the decision.

(e) A Juvenile adjudicated and committed to the boys' school pursuant to W.S. W.S. W.S. 14-6-229(d) shall not be transferred to the state penitentiary.

(f) If the agency and superintendent decide to propose a transfer to the juvenile treatment program at the state hospital pursuant to W.S. W.S. W.S. 25-3-104, they shall comply with requirements specified in W.S. W.S. W.S. 25-10-401 and 25-10-402.

(g) If the agency and superintendent decide to propose a transfer to the state hospital pursuant to W.S. W.S. W.S. 25-3-104, they shall file a written application with the court to commence involuntary hospitalization proceedings. The application shall comply with requirements specified in W.S. W.S. W.S. 25-10-110 and applicable regulations.

(h) The boys' school shall establish policies and procedures for transferring a resident to a more secure institution.

049-2 Wyo. Code R. § 2-5