SECTION 377:3-13-137. Disciplinary procedures  


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  •   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.
[Source: 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]