| D.__To call one or more witnesses, which right may not be | unreasonably withheld or restricted; |
|
| E.__To question any witness who testifies at the hearing, | which right may not be unreasonably withheld or restricted; |
|
| F.__To be represented by counsel substitute as prescribed in | the rules adopted by the commissioner under this section; | and |
|
| G.__The juvenile is entitled to appeal the final | disposition, before imposition of punishment, to the | Superintendent. |
|
| A record must be maintained of all disciplinary complaints, | hearings, proceedings and dispositions.__If, at any stage of the | proceedings, the juvenile is cleared of the charges in a | complaint or the complaint is withdrawn, all documentation | relating to the complaint must be expunged. |
|
| | 1.__Generally.__When the behavior of a juvenile residing at | the Maine Youth Center presents a high likelihood of imminent | harm to that juvenile or to others, presents a substantial and | imminent threat of destruction of property or demonstrates a | proclivity to be absent from the center without leave as | evidenced by a stated intention to escape from the center or by a | recent attempted or actual escape from any detention or | correctional facility, the juvenile may be placed under | observation if the juvenile demonstrates that anything less | restrictive would be ineffectual for the control of the | juvenile's behavior. |
|
| | 2.__Conditions.__Placing a juvenile under observation is | subject to this subsection. |
|
| A.__Placement under observation must first be approved by | the Superintendent of the Maine Youth Center. |
|
| B.__The conditions under which a juvenile is placed under | observation must conform with all applicable federal and | state standards relating to the health and safety of clients | in correctional facilities. |
|
| C.__Placement under observation may not exceed the period of | time necessary to alleviate and prevent the reoccurrence of | the behavior described in subsection 1 and it may not be | used as punishment. |
|
|