Section 401-2-004 - HEARING PROCEDURESA youth charged with committing an offense is scheduled for a hearing no later than seven days, excluding weekends and holidays, after the alleged offense was discovered.
004.01NOTICE OF HEARING. A youth charged with committing an offense will be notified of the time and place of the hearing on the allegations at least 24 hours prior to the hearing, unless waived by the youth.004.02ATTENDANCE AT HEARING. A youth charged with committing an offense will be allowed to be present at the hearing on the allegations, unless the youth waives his or her attendance or the disciplinary committee determines the youth's behavior during the hearing justifies exclusion.004.03DISCIPLINARY COMMITTEE. Hearings on the allegations will be conducted by a disciplinary committee comprised of an impartial person or impartial panel of persons. The disciplinary committee will be created as required by facility policy.004.04STANDARD OF PROOF. In order for a youth who is charged with committing an offense to be guilty, the Disciplinary Committee must determine by a preponderance of the evidence that the youth voluntarily, intentionally, recklessly or negligently engaged in conduct which constitutes the offense charged. The Disciplinary Committee must also determine that the youth had notice that the conduct was prohibited by facility policy or state statute.004.05PRESUMPTION. If contraband is found in a living unit shared by more than one youth, there shall be a presumption that each of those youth has knowledge of the presence of the contraband. Each youth charged as a result of the discovery of such contraband shall have the burden of coming forward with evidence to rebut the presumption.004.06AIDDING AND ABETTING. A youth may be charged with committing an offense if it is determined by a preponderance of the evidence that the youth knowingly commanded, induced, procured, or aided another person in the commission of the offense. The fact that the other person has been found free of guilt, has been determined guilty of a different offense, has been discharged from employment, or has been otherwise restricted from access to the facility is not a defense.004.07ATTEMPT. A youth may be found guilty of attempting to commit an offense if: acting with the kind of culpability required for commission of such offense, the youth engages in conduct which constitutes all of the acts necessary for the commission of the offense except its completion; or the youth willfully provides substantial and knowing assistance to a person attempting to commit an offense; or the youth agrees with one or more persons to engage in or cause the performance of such conduct. A youth found guilty of an attempt shall be subject to the same penalties which correspond to the offense attempted.004.08EVIDENCE. A youth charged with committing an offense will have the opportunity during the disciplinary hearing to make a statement and present evidence, including calling witnesses who may have relevant information.004.09ASSISTANCE AT THE HEARING. A youth may request the services of any Youth Rehabilitation and Treatment Center staff member to assist them at the disciplinary hearing. The staff member may question relevant witnesses on behalf of the youth.004.09(A)APPOINTMENT OF ASSISTANCE. A Youth Rehabilitation and Treatment Center staff representative shall be appointed to assist the youth with the disciplinary hearing when the disciplinary committee determines the youth is not capable of effectively presenting evidence on his or her own behalf.401 Neb. Admin. Code, ch. 2, § 004
Amended effective 5/17/2022