Section 210IAC5-1-1. Definitions; administrative procedures  


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  •    (a) The following definitions and administrative procedures shall be applicable in the operation of the releasing authority for juveniles:

    (1) "Administrative review committee" shall make all decisions relating to the release of juveniles to community supervision.

    (2) "Chairperson" means the chairperson of the administrative review committee or the community supervision revocation committee.

    (3) "Commissioner" means the chief executive of the department.

    (4) "Commitment" means an order of a juvenile court placing a juvenile in the care, custody, and wardship of the department.

    (5) "Community supervision" means the conditional release of a juvenile before the time of a mandatory and unconditional discharge from a commitment.

    (6) "Community supervision revocation committee" shall conduct all community supervision revocation hearings.

    (7) "Community supervision revocation hearing" means a formal hearing afforded by the department to determine if a violation of the conditions of community supervision has occurred.

    (8) "Community supervision violation" means noncompliance with a condition of community supervision by the juvenile.

    (9) "Community supervision violator" means a juvenile who has violated a condition of community supervision.

    (10) "Department" means the department of correction.

    (11) "Director, juvenile transition program" means the person responsible for the day-to-day casework monitoring of all juveniles in the community, approving all special conditions of the community supervision release agreement, and the commissioner's designee to release all juveniles from contract facilities.

    (12) "Discharge" means an unconditional release of a juvenile from a commitment.

    (13) "Field staff" means department employees who supervise juveniles in the community.

    (14) "Hearing officer" means the administrative officer who conducts a preliminary hearing.

    (15) "Juvenile" means a delinquent child, which is a person who is adjudged delinquent by a juvenile court and committed to the department of correction. This definition shall be deemed to include status juveniles.

    (16) "Placement" means the place of residence of the juvenile upon release.

    (17) "Preliminary hearing" means a hearing to determine whether probable cause exists to believe that a violation of a community supervision condition has occurred.

    (18) "Review" means a hearing granted by the administrative review committee for a juvenile who has not met institutional criteria for release recommendation.

      (b) The requirements for the administrative review committee shall be as follows:

    (1) The administrative review committee shall be comprised of four (4) members. The chairperson shall be the facility superintendent or designee and the other three (3) members shall be from the education department, treatment department, and custody department as designated by the commissioner.

    (2) All decisions of the administrative review committee shall be unanimous.

    (3) The administrative review committee shall meet in accordance with a schedule approved by the chairperson.

    (Department of Correction; 210 IAC 5-1-1; filed Apr 17, 1985, 9:45 am: 8 IR 1125; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; filed Jun 17, 2003, 9:25 a.m.: 26 IR 3544; readopted filed Dec 2, 2009, 2:18 p.m.: 20091223-IR-210090805RFA; readopted filed Nov 15, 2016, 1:33 p.m.: 20161214-IR-210160376RFA)