DOC 373.68(10)(f)(f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.

DOC 373.68(11)(11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

DOC 373.69(1)(1) Staff who observe or discover a conduct rule violation shall investigate the matter to determine if a conduct rule violation occurred. If staff conclude that a major conduct rule violation has occurred, a conduct report shall be written. If more than one staff knows of the same violation, the superintendent shall designate the staff who shall write the conduct report.

DOC 373.69(2)(2) A conduct report may only be written for a major conduct rule violation.

DOC 373.69(3)(3) The conduct report shall describe the facts in detail, including information obtained from other staff. The report shall list all conduct rules that were allegedly violated, even if they overlap. All physical evidence and witnesses shall be mentioned in the report.

DOC 373.69(4)(4) There shall be at least one conduct report or record for each act that is alleged to be a major conduct rule violation under this chapter.

DOC 373.70(1)(1) The superintendent shall promptly review all conduct reports for technical adequacy and the appropriateness of the charges.

DOC 373.70(2)(2) The superintendent:

DOC 373.70(2)(a)(a) Shall dismiss a conduct report if the superintendent believes that it should not have been written.

DOC 373.70(2)(b)(b) Shall eliminate any conduct rule violation cited in the conduct report if the statement of facts does not establish that a violation was committed.

DOC 373.70(2)(c)(c) May add any conduct rule violation to the conduct report if the statement of facts establishes that a violation was committed.

DOC 373.70(2)(d)(d) Shall destroy the conduct report if no conduct rule violation was committed.

DOC 373.70(3)(3) Following a review, the superintendent shall determine whether a conduct report shall be approved.

DOC 373.71DOC 373.71 Notice of alleged major conduct rule violation. When a youth is alleged to have committed a major conduct rule violation and the superintendent has reviewed and approved the conduct report pursuant to s. DOC 373.70, the following procedure shall be followed:

DOC 373.71(1)(1) The superintendent shall give a copy of the approved conduct report to the youth within 7 days of placement in prehearing security.

DOC 373.71(2)(2) The superintendent shall inform the youth orally and in writing of the conduct rule which the youth is alleged to have violated.

DOC 373.71(3)(3) The superintendent shall inform the youth orally and in writing of the potential penalties which may be imposed.

DOC 373.71(4)(4) The superintendent shall also inform the youth orally and in writing of all of the following:

DOC 373.71(4)(a)(a) That the youth has a right to a disciplinary hearing at which the youth may present oral, written, documentary and physical evidence, and evidence from voluntary eye witnesses.

DOC 373.71(4)(b)(b) That the youth has a right to the assistance of a staff advocate, the right to ask questions of the witnesses, that repetitive, disrespectful and irrelevant questions may be forbidden and that the youth may appeal the finding and disposition of the hearing officer to the superintendent.

DOC 373.71(4)(c)(c) That the youth may waive the right to a disciplinary hearing and to the other rights specified in this subsection and that a waiver is not an admission of guilt.

DOC 373.71(5)(5) The youth may elect to waive the right to a disciplinary hearing at anytime. The waiver shall be in writing and shall be submitted to the superintendent. The superintendent may not accept a written waiver by a youth if the superintendent believes that the youth lacks the mental capacity to waive the disciplinary hearing.