7.2 Discipline Process Pursuant to Section 1391

Chapter 7
Section 7.2
Subject 7.2 Discipline Process Pursuant to Section 1391
Effective Date 1/31/2024 12:00 AM
  1. JSO’s, JSO III’s, and SDPO’s are authorized to impose discipline in the form of a “time-out”, reflection time, privilege suspension, and an incident report.
  2.    Minor rule violations may be handled informally by counseling, advising a youth of the expected behavior based on being Safe, Responsible, and Considerate.  Appropriate consequence for this type of behavior is a time out, a reflection time, or a privilege suspension.  Reflection Times, Privilege Suspensions, and Incident Reports must be documented, reviewed for appropriateness, and appealable to a supervisor. 
  3. The JSO III or Supervisor shall evaluate the major rule violation including but not limited to assessing the youth’s attitude and behavior, discussing the incident with the Juvenile Services Officer (JSO) involved and, if appropriate, an SDPO will review video to  determine if formal disciplinary action is required. If so, they shall direct the reporting JSO to prepare an incident report or a room confinement Incident Report. The incident reports should include informal and less interventions that were attempted prior to recommendation for formal disciplinary action and include trauma-informed approaches and PBIS (Positive Behavior Interventions and Supports.)
  4. The reporting JSO shall serve the youth with an incident report discussing with them the reason for the report and the recommended sanction. The JSO shall note on the incident report if the youth agrees or not agree with the facts and circumstances documented in the report and if the youth waives his/her right to a hearing. 
  5. The SDPO will approve all Incident Reports.  Only a SDPO or CDPO can overturn an IR of any kind.
  6. The JSO’s are prohibited from delegating discipline to any youth.
  7. The on-duty Supervisor/JSO III shall document the service of the incident report to the youth, name of the reporting officer and recommended sanction in the facility shift change log. 
  8. If the youth waives his right to a hearing, the on-duty supervisor or JSOIII shall note on the incident report.  
  9. Hearings
    1.  Disciplinary Hearing times are scheduled to take place, within 2 hours of the youth being placed on room confinement status.  Exception: disciplinary hearings will not be conducted between 2200-0700 hours.  Disciplinary hearings that fall within this time period shall be conducted the following day.  An on-duty JSOIII, who is not a party to the incident, is responsible for conducting the disciplinary hearing.
      1. Written notice of violation prior to a hearing
    2. The Hearing Officer shall appoint a staff member to assist the youth when requested and allow the youth to make a statement, present evidence and testimony regarding the incident and the recommendation of formal disciplinary action. 
      1. Hearing by a person who is not a party to the incident
    3. The Hearing Officer in determining if formal disciplinary action is appropriate shall take the following into consideration: achievement of rehabilitative/disciplinary goal; prior behavioral history; the youth’s immediate behavior and attitude; safety/security of the facility; input of reporting officer; current/ongoing Behavioral Health issues related to youth’s behavior; any insight or reflection the youth may have as to the nature of the problem and their willingness to improve their behavior. 
    4. The Hearing Officer shall document on the incident report and the Disciplinary Hearing Form whether the incident is founded or not founded, and the disciplinary action taken. Any incident that is unfounded shall be brought to the Supervisors attention.
      1.  Violations that result in a removal from a camp or commitment program, but not a return to court, will follow the due process provisions in subsection (b)
  10. The Supervising Deputy Probation Officer / Chief Deputy shall review all disciplinary hearings to ensure consistency with departmental policy and Title 15. 
  11. Any decision by the Supervising Deputy Probation Officer or Chief Deputy to modify the youth’s discipline shall be documented clearly in the facility shift change log.
  12. Accommodations will be provided to youth with disabilities, limited literacy, and English language learners