Section 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:

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

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

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

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

(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.

(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.

(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.

(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.

History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00.