Secure facility staff members shall protect the safety and constitutional rights of juveniles and seek a balance between expression of individual rights and preservation of facility order. The facility's disciplinary process shall include:
(1) A list of prohibited acts and sanctions constituting minor rule violations and the following procedural safeguards:
- (A) The procedure for addressing minor rule violations that is initiated by a staff report of an incident that includes the proper offense citation;
- (B) A maximum time frame of five (5) days, excluding weekends and holidays, from the discovery of the offense to final disposition; and
- (C) The list of minor rule violations that is included in the juvenile handbook issued to all juveniles during orientation.
(2) A list of prohibited acts and sanctions constituting major rule violations and the following procedural safeguards:
- (A) The procedure for addressing major rule violations that is initiated by a staff report of an incident that includes the proper offense citation;
- (B) Juveniles charged with major rule violations are scheduled for a hearing as soon as practicable, but no later than seven (7) days, excluding weekends and holidays, after being charged with a violation. Juveniles are notified in writing of the time and place of the hearing at least 24 hours in advance of the hearing;
- (C) The list of major rule violations that is included in the juvenile handbook issued to all juveniles during orientation;
- (D) A juvenile charged with a major violation of facility rules shall be given a written copy of the report containing the alleged rule violation(s) within 24 hours of the incident or within 24 hours of the facility staff's discovery of a violation. A hearing may be held within 24 hours of the violation notification providing the juvenile can prepare for the hearing with assistance, if needed, and furnishes written consent;
- (E) A hearing is conducted with an opportunity to present evidence;
- (F) The hearing officer shall issue a written decision within three (3) days excluding weekends and holidays; and
- (G) An opportunity to appeal shall be provided.
- (3) Medical staff shall not impose sanctions on juveniles for refusing to accept medical care.
- (4) Rules regarding discipline are found in OAC 377:10-1-3.
Added at 27 Ok Reg 638, eff 1-8-10 (emergency)
Added at 27 Ok Reg 2182, eff 7-15-10
Amended at 32 Ok Reg 1980, eff 9-11-15