Chapter DOC 393

DOC 393.12(2)(a)1.a. a. The youth is unfamiliar with the conduct rule or court-ordered condition.

DOC 393.12(2)(a)1.b. b. The youth has not previously violated the same or a closely related conduct rule or court-ordered condition.

DOC 393.12(2)(a)1.c. c. The youth is unlikely to repeat the behavior if warned and counseled.

DOC 393.12(2)(a)1.d. d. The youth’s ability to understand the conduct rules or court-ordered conditions is limited or impaired.

DOC 393.12(2)(a)1.e. e. Summary disposition or revocation is not appropriate.

DOC 393.12(2)(a)2. 2. ‘Record.’ The agent shall place a brief written record in the youth’s supervision file that describes the youth’s violation and the counseling the agent provided to the youth.

DOC 393.12(2)(b) (b) Summary disposition.

DOC 393.12(2)(b)1. 1. ‘Procedure.’ The agent may inform the youth that the youth’s conduct is in violation of a conduct rule or court-ordered condition of aftercare and do one or more of the following:

DOC 393.12(2)(b)1.a. a. Explain the conduct rules and court-ordered conditions and warn the youth that further violations may result in revocation of the youth’s aftercare.

DOC 393.12(2)(b)1.b. b. Modify or supplement the conduct rules.

DOC 393.12(2)(b)1.c. c. Require the youth to take corrective action.

DOC 393.12(2)(b)1.d. d. Further restrict the youth’s placement or supervision.

DOC 393.12(2)(b)2. 2. ‘Report.’ When the agent imposes a summary disposition, the agent shall prepare a written violation report consistent with s. DOC 393.13.

DOC 393.12(2)(b)3. 3. ‘Appeal.’

DOC 393.12(2)(b)3.a. a. A youth may appeal a summary disposition to the next supervisory level within the department or the county department either orally or in writing within 5 days of its imposition. That supervisor shall review the action and issue a final written decision within 5 working days of receipt of the appeal. The agent shall record the appeal decision in the youth’s file. If the supervisor does not issue a written decision within 5 working days, the disposition is upheld.

DOC 393.12(2)(b)3.b. b. The filing of an appeal by a youth may not delay the imposition of the summary disposition pending outcome of the appeal.

DOC 393.12(2)(c) (c) Initiation of revocation proceedings. The agent may recommend to the department or county department that revocation proceedings be initiated. The department or county department shall consider the following prior to initiating revocation proceedings:

DOC 393.12(2)(c)1. 1. The youth’s committing offense.

DOC 393.12(2)(c)2. 2. The youth’s past conduct and the positive and negative adjustments while on aftercare.

DOC 393.12(2)(c)3. 3. Previous violations that have occurred and the disposition of each.

DOC 393.12(2)(c)4. 4. The seriousness of the violation.

DOC 393.12(2)(c)5. 5. The alternatives to revocation.

DOC 393.12(2)(c)6. 6. Why alternatives to revocation are not appropriate and have been rejected.

DOC 393.12(3) (3) Revocation of youth under extended jurisdiction.

DOC 393.12(3)(a) (a) The aftercare revocation procedures in ss. DOC 393.14 to 393.16 and 393.18 do not apply to a youth subject to extended jurisdiction under s. 48.366, Stats.

DOC 393.12(3)(b) (b) When the aftercare provider decides to initiate revocation proceedings for a youth subject to extended jurisdiction, the aftercare provider shall file a petition for revision of the court order with the committing court requesting revocation of the youth’s aftercare status.

DOC 393.12(4) (4) Administrative detention.

DOC 393.12(4)(a) (a) If an aftercare provider initiates revocation proceedings, the aftercare provider may place a youth under its supervision on administrative detention pending the outcome of the revocation proceedings. The administrative detention decision shall be based upon the alleged violation and the youth’s past conduct. The aftercare provider may hold the youth on administrative detention if it is likely that any of the following will occur if the youth remains in the current placement:

DOC 393.12(4)(a)1. 1. The youth will seek to intimidate a witness in a pending investigation, disciplinary action or revocation action.

DOC 393.12(4)(a)2. 2. The youth will encourage others by example, expressly or by the youth’s presence, to defy staff authority and thereby erode the staff’s ability to control a particular situation.

DOC 393.12(4)(a)3. 3. The youth will present a substantial danger to the physical safety of himself or herself or another person.

DOC 393.12(4)(a)4. 4. The youth will attempt to flee.

DOC 393.12(4)(a)5. 5. Criminal, disciplinary or revocation proceedings will be inhibited.

DOC 393.12(4)(a)6. 6. The youth will commit a crime.

DOC 393.12(4)(a)7. 7. The youth will engage in an activity that violates a conduct rule or court-ordered condition of aftercare.

DOC 393.12(4)(a)8. 8. The youth will not achieve the goals and objectives of his or her aftercare.

DOC 393.12(4)(b) (b) If a youth under aftercare supervision of the department is removed from an approved placement, whether from the youth’s own home or from an alternate care placement and a suitable alternative placement is not readily available, the department may place the youth at a type 1 secured correctional facility on administrative detention until a suitable alternate placement is found. If a suitable alternate placement is not found within 30 days, the supervisor shall notify the regional chief of the youth’s status. If a suitable alternate placement is not found within 60 days, the regional chief shall notify the administrator.

DOC 393.12(4)(c) (c) When the aftercare provider decides to place a youth on administrative detention, the aftercare provider may request that the youth be taken into custody under s. 938.19 (1) (d) 6., Stats. and released to the aftercare provider under s. 938.20 (2) (cm), Stats.

DOC 393.12(4)(d) (d) The department may place a youth in a type 1 secured correctional facility or a secure detention facility within the meaning of s. 938.02 (16), Stats., pending the outcome of revocation proceedings.

DOC 393.12 Note Note: Section 938.02 (16), Stats., was renumbered to s. 938.02 (10r), Stats., and the term “secure detention facility” was changed to “juvenile detention facility” by 2005 Wis. Act 344.

DOC 393.12(4)(e) (e)

DOC 393.12(4)(e)1. 1. If the aftercare provider places a youth on administrative detention, the aftercare provider shall give the youth a written notice explaining why the youth is on administrative detention pending the outcome of the revocation proceeding.

DOC 393.12(4)(e)2. 2. The aftercare provider shall give the notice to the youth no later than the 7th day after the day the youth was placed on administrative detention. The notice shall state the reason why revocation of aftercare has been initiated and shall identify the basis for administrative detention under par. (a).

DOC 393.12(4)(e)3. 3. The notice shall inform the youth that he or she may appeal the administrative detention decision to the next supervisory level in writing at any time prior to the revocation hearing.

DOC 393.12(4)(e)4. 4. The supervisor reviewing the appeal shall respond in writing to the youth within 7 days after receipt of the appeal. Failure of the supervisor to respond upholds the administrative detention decision.

DOC 393.12(4)(e)5. 5. The youth may appeal the decision of the supervisor to the administrator at any time prior to the revocation hearing. The administrator shall respond in writing to the youth within 7 days after receipt of the appeal. Failure of the administrator to respond upholds the administrative detention decision.

DOC 393.12(4)(e)6. 6. The original administrative detention decision shall remain in effect pending the decision on the appeal.

DOC 393.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 393.13 DOC 393.13 Violation report.

DOC 393.13(1) (1) When a violation results in a summary disposition, initiation of revocation proceedings or the youth is taken into custody by law enforcement for a violation of a law, the assigned agent shall prepare a written violation report. The violation report shall include all of the following:

DOC 393.13(1)(a) (a) A description of the alleged misconduct, including any conflicting versions of the nature or circumstances of the alleged violation.

DOC 393.13(1)(b) (b) The alleged victim’s statement or a statement of the impact on the alleged victim.

DOC 393.13(1)(c) (c) The youth’s statement.

DOC 393.13(1)(d) (d) A description of any alleged violations of the law, any statement or confession to law enforcement, guilty plea, pending charges, a prosecutor’s recommended disposition or a conviction for the conduct underlying the alleged aftercare violation, if known.

DOC 393.13(1)(e) (e) A list of all conduct rules and court-ordered conditions the youth allegedly violated.

DOC 393.13(1)(f) (f) A description of the agent’s investigation and statement of the agent’s conclusions.

DOC 393.13(1)(g) (g) Information about the custody status of the youth.

DOC 393.13(1)(h) (h) Any recommendation for revocation of aftercare and the reasons for the recommendation, or a description of the specific summary disposition imposed under s. DOC 393.12 (2) (b).

DOC 393.13(2) (2) The assigned agent shall maintain the violation report in the youth’s file.

DOC 393.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.14 DOC 393.14 Preparation for revocation hearing.

DOC 393.14(1) (1) Notice. Prior to a revocation hearing, the agent shall serve the youth with written notice of the hearing. If the youth is being held on administrative detention under s. DOC 393.12 (4), the notice shall be served no later than the 7th day after the day on which the youth was taken into physical custody in Wisconsin. If the youth is not in physical custody, the notice shall be served on the youth at least 14 days prior to the scheduled revocation hearing. The agent shall also send a copy of the notice to the hearing examiner’s office and to the youth’s attorney. The notice shall include:

DOC 393.14(1)(a) (a) A statement of the alleged violation.

DOC 393.14(1)(b) (b) A statement of the conduct rule or court-ordered condition of aftercare that the youth allegedly violated.

DOC 393.14(1)(c) (c) A statement that a revocation hearing has been scheduled under this section and an explanation of the youth’s rights at that hearing including:

DOC 393.14(1)(c)1. 1. The right to be present.

DOC 393.14(1)(c)2. 2. The right to be represented by an attorney.

DOC 393.14(1)(c)3. 3. The right to deny the allegation and to speak on his or her own behalf.

DOC 393.14(1)(c)4. 4. The right to present evidence.

DOC 393.14(1)(c)5. 5. The right to present witnesses and the right to question witnesses.

DOC 393.14(1)(c)6. 6. The right to receive a written decision stating the reasons for the decision based upon the evidence and testimony presented.

DOC 393.14(1)(d) (d) A statement of the evidence to be considered at the hearing which may include:

DOC 393.14(1)(d)1. 1. Documents.

DOC 393.14(1)(d)2. 2. Physical evidence.

DOC 393.14(1)(d)3. 3. Results of a breathalyzer test.

DOC 393.14(1)(d)4. 4. Incriminating statements by the youth.

DOC 393.14(1)(d)5. 5. All law enforcement reports regarding the allegation.

DOC 393.14(1)(d)6. 6. All warrants issued relating to the allegation.

DOC 393.14(1)(d)7. 7. Relevant photographs.

DOC 393.14(1)(e) (e) A statement that the youth has the right to waive the revocation hearing in accordance with sub. (3), in which case the administrator or the director of the county department, shall decide whether to revoke the youth’s aftercare.

DOC 393.14(1)(f) (f) A statement that whatever relevant information or evidence is in the possession of the department or county department is available for inspection, unless the hearing examiner determines that the information or sources of information may be kept confidential.

DOC 393.14(1)(g) (g) The date, time and place of the hearing.

DOC 393.14(2) (2) Reissuance of notice. When the notice of a revocation hearing is found to be improper and the impropriety results in the dismissal of the revocation proceedings, the department or county department may reinitiate revocation proceedings by issuing a proper notice.

DOC 393.14(3) (3) Waiver.

DOC 393.14(3)(a) (a) A youth served with notice under sub. (1) or sub. (2) may waive the right to a revocation hearing, including the right to be represented by an attorney at that hearing, if the youth waives these rights knowingly, voluntarily and in writing.

DOC 393.14(3)(b) (b) The aftercare provider may not accept a waiver from a youth who is less than 14 years of age at the time of the waiver, unless the youth’s attorney approves the waiver. If a youth who is less than 14 years of age at the time of the waiver does not have an attorney, the aftercare provider may not accept a waiver unless the youth’s parent, guardian or legal custodian approves the waiver. A youth may consult with an attorney, if requested, before the youth waives any rights.

DOC 393.14(3)(c) (c) The aftercare provider may not accept a waiver from a youth of any age if the aftercare provider reasonably believes that the youth lacks the mental capacity to make a reasoned and voluntary waiver of his or her rights.

DOC 393.14(3)(d) (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.

DOC 393.14(4) (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: