Ill. Admin. Code tit. 20, § 460.70 - Program Review Hearings
a) The
Chief Administrative Officer shall appoint one or more hearing officers to
conduct Program Review Hearings.
b)
A Program Review Hearing shall be conducted when the individual in custody has
been referred for possible extension of time to be served in the Program or
involuntary termination from the Program for reasons other than a major rule
infraction as set forth in Section
460.60. Notwithstanding Section
460.60(c) and
Part 504 referrals may be made by administrative, Program, or security staff
and shall be subject to review by the shift commander to determine whether a
hearing is warranted.
c) The
individual in custody shall receive written notice no less than 24 hours prior
to the hearing. The individual in custody may waive the 24-hour advance notice.
The waiver shall be in writing.
d)
The individual in custody shall have the opportunity to appear before and
address the hearing officer who shall be appointed by the Chief Administrative
Officer. However, failure to appear before and address the hearing officer may
be adversely construed against the individual in custody by the hearing
officer.
1) The individual in custody may make
any relevant statement or produce any relevant documents in their
defense.
2) Prior to the hearing,
the individual in custody may request that witnesses be interviewed. The
request shall be in writing in the space provided on the hearing notice and
shall include an explanation of what the witnesses would state. A means shall
be provided for individuals in custody to submit witness request slips. If the
individual in custody fails to make the request in a timely manner before the
hearing, the hearing officer may disapprove witness requests or the hearing
officer may grant a continuance for good cause shown.
3) The individual in custody may, upon
written request and for good cause shown, be granted additional time to prepare
a defense.
4) The individual in
custody shall not have the right to either retained or appointed counsel. The
individual in custody may request the assistance of a staff member in the
preparation of a defense if the individual in custody is illiterate, does not
speak English, or when other circumstances exist which preclude the individual
in custody from adequately preparing a defense.
e) Any person who initiated the referral for
a hearing, or who witnessed the incidents which form the basis for the
referral, or who conducted a formal investigation into the allegations for
Program termination, or who is otherwise not impartial shall not serve as the
hearing officer for the individual in custody's Program Review
Hearing.
f) The hearing officer may
interview witnesses or review summaries of witness testimony prior to or at the
hearing and review any information relevant to the hearing.
1) The individual in custody does not have
the right to confront or cross-examine any witnesses but may submit questions
for the witnesses to the hearing officer prior to the hearing.
2) The hearing officer may exclude any
witnesses requested by the individual in custody if a witness testimony would
be, among other matters, irrelevant, cumulative, or would jeopardize the safety
or disrupt the security of the facility or any person. If any witness is
excluded, a written reason shall be provided.
g) The hearing officer may continue the
hearing when additional information is needed, for further investigation, or
for good cause shown by the individual in custody.
h) The hearing officer shall take one of the
following actions, based upon the relevant information admitted:
1) Find that the individual in custody's
actions do not warrant termination from the Program or any other action. In
that case, the hearing officer shall order that the Program Review Hearing be
dismissed and the notice be expunged from the individual in custody's master
record file or reduce the Program Review to a Case Note. A copy shall be
maintained in an expungement file.
2) Find that further investigation or
information is necessary to determine if the individual in custody's actions
warrant termination from the Program.
3) Find that further observation of the
individual in custody's performance in the Program is needed and continue the
hearing.
4) Find that the
individual in custody's actions do not warrant Program termination, but
recommend one or more of the following actions:
A) Training alternatives in accordance with
Section 460.50.
B) Increased time in the Program, not to
exceed a total of 180 days for individuals sentenced prior to January 1, 2022
or 18 months for any individual sentenced on or after January 1, 2022 of active
service in the Program.
C)
Programming changes.
5)
Find that the individual in custody's actions warrant Program termination and
recommend that the individual in custody be terminated from the
Program.
i) A record,
signed by the hearing officer, which contains a summary of oral and written
statements and other information presented, the reasons for the decision, and
the action recommended shall be submitted to the Chief Administrative Officer
for review and approval. If the safety and security of the facility or any
person may be jeopardized by certain references in the written record, they may
be deleted but the fact that omissions have been made shall be noted on the
summary, along with a finding that material is being deleted based on safety or
security concerns.
j) The Chief
Administrative Officer shall review all Program Review Hearing dispositions.
The Director shall review all Program Review Hearing dispositions which
recommend that the individual in custody be terminated from the Program.
1) The Director or Chief Administrative
Officer may take the following actions:
A)
Confirm the disposition in whole or in part.
B) Order additional or new
proceedings.
C) Suspend or overturn
the disposition.
D) Approve other
actions in accordance with Section 460.50.
2) The Director or Chief Administrative
Officer shall not increase, but may reduce, the dispositions imposed.
k) The individual in custody shall
be provided with a copy of the written summary which includes the action
approved by the Chief Administrative Officer and a copy shall be placed in the
individual in custody master record file.
l) The individual in custody shall be
informed of the opportunity to appeal any adverse decision through the
grievance procedure outlined in Section
460.90.
Notes
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