Wisconsin Legislature: DOC 393.16(1)

(d) A youth’s waiver shall be discussed and signed in the presence of a witness who is an adult. The witness may not be an employee of the aftercare provider, unless no other witness is available.

(4) Information packet. At least 5 days prior to the day of a hearing, the agent shall send copies of the following documents to the youth and the youth’s attorney, if any:

(a) The court order placing the youth under the supervision of the department or county department.

(b) The conduct rules and court-ordered conditions signed by the youth.

(d) A case history review summary.

(e) A statement from any unavailable witness and an statement explaining why the witness is unavailable.

(f) The document used by the agent to recommend revocation.

(g) The department’s aftercare revocation notice, rights, acknowledgment and waiver form.

(5) Review of evidence. At least 2 days prior to the day of the hearing, the youth and the youth’s attorney, if any, may review all evidence to be submitted by the aftercare provider at the hearing, except evidence that the hearing examiner determines should not be disclosed, such as the identity of confidential informants.

(6) Harmless error. When a procedural requirement under this chapter is not met by the aftercare provider, the error shall be considered harmless and disregarded if it does not substantially affect the rights of the youth. Rights are substantially affected when a variance from a requirement prejudices a fair revocation proceeding for the youth.

(7) Concurrent prosecution. All revocation proceedings under this chapter may proceed regardless of any concurrent prosecution of a youth for the conduct underlying the alleged aftercare violation. Dismissal or acquittal in a court proceeding for a youth’s conduct underlying an alleged violation does not preclude revocation of that youth’s aftercare for the same conduct.

(8) Decision to terminate revocation proceedings. At any time during the revocation proceedings, the aftercare provider may terminate the revocation proceedings in order to implement an alternative course of action. If the youth has been held on administrative detention during the proceedings, the youth shall, following the decision to terminate the proceedings, be released to an alternative placement approved by the aftercare provider at the earliest practical time. This placement may be the previous placement from which the youth was initially removed, or an alternative placement.

(9) Corrective sanctions program. An aftercare provider may place a youth in the corrective sanctions program immediately following a revocation if all of the following have occurred:

(a) The youth has waived the revocation hearing.

(b) The administrator or county director has signed the order revoking the youth’s aftercare.

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

DOC 393.15 Procedure for youth on state aftercare when hearing right is waived.

(1) Supervisor’s recommendation. When a youth on state-provided aftercare waives his or her right to a revocation hearing under s. DOC 393.14 (3), a supervisor may recommend that the administrator revoke the youth’s aftercare.

(2) Record. When a supervisor recommends revocation under sub. (1), the supervisor shall forward the youth’s revocation notice and waiver, all documents required under s. DOC 393.14 (4) and the evidence referred to in s. DOC 393.14 (1) (d) 1., 3., 4. and 5. to the administrator within 14 days after acceptance of the waiver, unless the administrator grants an extension for cause.

(3) Administrator’s decision.

(a) The administrator after reviewing the documents and evidence under sub. (2) may revoke the youth’s aftercare. The administrator’s written decision shall state the reasons why the youth’s aftercare was revoked or not revoked.

(b) The administrator shall forward a copy of the decision to the youth, the youth’s attorney, if any, and the youth’s agent within 14 days after the administrator receives the documents and evidence under sub. (2).

(c) If the youth is in custody at a type 1 secured correctional facility, the administrator shall promptly forward a copy of the decision to the type 1 secured correctional facility.

(d) If the youth was not in custody during the revocation proceedings, the administrator shall direct the youth be taken into custody and transferred to a type 1 secured correctional facility.

(e) If the youth’s aftercare is not revoked, the administrator shall remand the youth’s case to the youth’s agent and the agent’s supervisor for alternative planning and placement.

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

DOC 393.16 Procedure for youth on county aftercare when hearing right is waived.

(1) Supervisor’s recommendation. When a youth on county-provided aftercare waives the revocation hearing under s. DOC 393.14 (3), the county agent’s supervisor may recommend that the director of the county department revoke the youth’s aftercare.

(2) Record. When the recommendation under sub. (1) is to revoke the youth’s aftercare status, the county agent’s supervisor shall forward the notice of revocation and waiver, all documents required under s. DOC 393.14 (4) and the evidence referred to in s. DOC 393.14 (1) (d) 1., 3., 4. and 5. to the county director within 14 days after acceptance of the waiver, unless the county director grants an extension for cause.

(3) County director’s decision.

(a) The county director after reviewing the documents under sub. (2) may revoke the youth’s aftercare. The county director shall issue a written decision, stating the reasons why the youth’s aftercare was revoked or not revoked.

(b) The county director shall forward copies of the decision to the youth, the youth’s attorney, if any, and the youth’s agent within 14 days after the county director receives the documents and evidence under sub. (2).

(c) The county director shall promptly forward the decision and all documents required under s. DOC 393.14 (4) to the department and to the type 1 secured correctional facility designated by the department to receive the youth following the revocation.

(d) If the youth was not in custody during the revocation proceedings, the county director shall direct that the youth be taken into custody and arrangements made for the youth to be transferred to the designated type 1 secured correctional facility.

(e) If the youth’s aftercare is not revoked, the youth’s case shall be remanded by the county director to the youth’s agent and the agent’s supervisor for alternative planning and placement.

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

DOC 393.17 Petition for change in placement by the court.

(1) A aftercare provider may, in lieu of an administrative hearing, petition the committing court under s. 938.357 (3), Stats., for a change in placement to a type 1 secured correctional facility.

(2) If a youth who has been released to aftercare by the court violates a condition of supervision imposed by the court or the department, the administrator may direct that a petition be filed with the court requesting revocation.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 393.18 Revocation hearing.

(1) General. The revocation hearing process shall be governed by ch. HA 2, except for those provisions in sub. (2).

(2) Exceptions.

(a) Time limit. A revocation hearing for a youth on aftercare shall be held within 30 days after the youth was taken into custody in Wisconsin for an alleged violation, in accordance with s. 938.357 (5) (d), Stats., unless this time limit is waived under par. (b).

(b) Waiver of revocation hearing time limit. The 30-day required time limit in par. (a) may be waived only upon agreement of the aftercare provider, the youth and the youth’s attorney, if any.

(d) Parents. The youth’s parents or guardian may attend the hearing.

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

DOC 393.19 Return of a youth to a type 1 secured correctional facility.

(1) If a youth on state aftercare is held on administrative detention at a type 1 secured correctional facility, the signed revocation order of the administrator of the division of hearings and appeals, if there has been a hearing, or the signed revocation order of the administrator, if the hearing has been waived, shall serve to revoke the youth’s aftercare and authorize transfer of supervision of the youth to a type 1 secured correctional facility.

(2) If a youth on county-provided aftercare has been held on administrative detention at a secure detention facility, the signed revocation order of the administrator of the division of hearings and appeals, if there has been a hearing, or the signed revocation order of the county director, if the hearing has been waived, shall serve to revoke the youth’s aftercare and authorize return of the youth to a type 1 secured correctional facility.

(3) If a youth or the youth’s attorney files an appeal of the revocation order, the appeal shall not delay transfer of the youth to supervision at a type 1 secured correctional facility pending outcome of the appeal.

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

DOC 393.20 Youth complaint procedure.

(1) General. A youth may file a complaint to obtain administrative review of issues related to the youth’s aftercare that personally affect the youth.

(2) Objectives. The objectives of this procedure include all of the following:

(a) To allow youth to raise questions regarding a decision affecting their supervision.

(b) To encourage communication and cooperation between youth and staff.

(3) Scope. The youth complaint procedure may be used by any youth on aftercare to review a decision that affects the youth personally, except a decision regarding any of the following:

(a) Revocation.

(b) Custody and detention.

(d) Denial of use or possession of a firearm as governed by law.

(e) Conduct rules or court-ordered conditions of supervision.

(f) Discharge of a youth prior to the original discharge date of the youth’s order for supervision.

(g) Decisions of OJOR.

(h) A rule of the department.

(i) Matters over which the department has no authority.

(j) An issue which a youth may appeal under this chapter or any department rule or a decision issued by the department in response to an appeal filed by a youth under this chapter or any department rule.

(4) Filing a complaint.

(a) A youth may initiate a review of a decision by filing a complaint within 5 days of the decision with his or her agent. The agent shall promptly forward the complaint and a statement of the facts and the reasons for the decision to his or her supervisor.

(b) The agent shall attempt to informally resolve the complaint. Any resolution agreed to by the agent and the youth shall be documented in the youth’s file.

(5) Supervisor’s investigation and decision.

(a) The supervisor shall review the complaint and the agent’s statement and may interview the youth or others to investigate the complaint. The supervisor shall issue a written decision within 7 days of receipt of the request for review, stating the reasons for the decision. The youth and the agent shall be given copies of the decision.

(b) If no decision is issued within the 7 day time period, the agent’s decision is affirmed and the youth may appeal under sub. (6).

(6) Appeal of the supervisor’s decision.

(a) The youth may appeal the supervisor’s decision to the regional chief in writing within 5 days of receipt of the decision or the failure to issue a decision under sub. (5) (b). The appeal shall state the reasons for the appeal and request further review.

(b) The regional chief shall review the youth’s complaint and the supervisor’s decision, may investigate the complaint and shall issue a final decision within 7 days of receipt of the appeal, stating the reasons for the decision. Copies of the decision shall be sent to the youth, the agent and the agent’s supervisor.

(7) Effect of appeal on a disputed decision. During the period required under this section for investigation or review of any complaint, all affected parties shall comply with the decision currently under dispute.

(8) Expedited appeal. If the time limits provided in this section would effectively moot the complaint, the supervisor or regional chief shall make all reasonable efforts to expedite the complaint review or appeal.

(9) Penalties.

(a) A youth may not be penalized for filing a complaint under this section.

(b) Notwithstanding par. (a), a youth may be subject to discipline, including revocation of the youth’s aftercare, if the youth knowingly made a false allegation or complaint.

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