7 AAC 52.310. Disciplinary action, major infractions

(a) When an infraction may result in the loss of substantial privileges or long-term transfer of five or more days to a more restrictive status, the following procedural requirements must be met:

(1) Notice. The resident must be informed verbally of the intent to prefer a charge, and must be given written notice at least 24 hours before a scheduled hearing before the review board. The notice must state the rule violated, the alleged conduct, and the time and place of hearing. It must further state that the resident may bring to the hearing a representative of the resident's choice as described in 7 AAC 52.325, and that the resident may call witnesses.

(2) Hearing. The review board shall hear and decide the case within seven days after verbal notice; however, the superintendent may extend the time of hearing up to an additional seven days when the investigation of a major infraction has not been fully completed. The resident must be given a copy of the decision of the review board; and a record of the hearing must be made.

(3) Appeal. The resident may appeal the decision of the review board to the superintendent; however, when the superintendent is a member of the review board, the resident may appeal to the director's designee.

(b) When a juvenile's behavior necessitates placement in secure confinement for the safety of the juvenile or others, or to ensure the security of the facility, the juvenile may be so confined for a period of up to 24 hours. Secure confinement for periods of more than 24 hours must be reviewed every 24 hours by the superintendent or the superintendent's designee who was not involved in the incident necessitating that confinement. Secure confinement may be extended for additional periods if necessary for the safety of juveniles or others, or to ensure the safety of the facility. Secure confinement may not exceed five 24-hour periods.

(c) A facility shall provide appropriate services and programs for high-risk juveniles who cannot control their assaultive behavior, who present a danger to themselves, or who are in constant danger of being victimized by other juveniles, thus requiring special management. The facility may, if it determines that it is necessary, separate such juveniles from the general population to allow for individualized attention.

History: Eff. 7/3/80, Register 74; am 1/14/2000, Register 153

Authority: AS 47.05.010

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