Chapter DOC 393

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:

DOC 393.14(4)(a) (a) The court order placing the youth under the supervision of the department or county department.

DOC 393.14(4)(b) (b) The conduct rules and court-ordered conditions signed by the youth.

DOC 393.14(4)(c) (c) The violation report.

DOC 393.14(4)(d) (d) A case history review summary.

DOC 393.14(4)(e) (e) A statement from any unavailable witness and an statement explaining why the witness is unavailable.

DOC 393.14(4)(f) (f) The document used by the agent to recommend revocation.

DOC 393.14(4)(g) (g) The department’s aftercare revocation notice, rights, acknowledgment and waiver form.

DOC 393.14(5) (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.

DOC 393.14(6) (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.

DOC 393.14(7) (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.

DOC 393.14(8) (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.

DOC 393.14(9) (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:

DOC 393.14(9)(a) (a) The youth has waived the revocation hearing.

DOC 393.14(9)(b) (b) The administrator or county director has signed the order revoking the youth’s aftercare.

DOC 393.14(9)(c) (c) OJOR has approved the transfer to the corrective sanctions program and issued the transfer order.

DOC 393.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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

DOC 393.15(1) (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.

DOC 393.15(2) (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.

DOC 393.15(3) (3) Administrator’s decision.

DOC 393.15(3)(a) (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.

DOC 393.15(3)(b) (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).

DOC 393.15(3)(c) (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.

DOC 393.15(3)(d) (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.

DOC 393.15(3)(e) (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.

DOC 393.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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

DOC 393.16(1) (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.

DOC 393.16(2) (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.

DOC 393.16(3) (3) County director’s decision.

DOC 393.16(3)(a) (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.

DOC 393.16(3)(b) (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).

DOC 393.16(3)(c) (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.

DOC 393.16(3)(d) (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.

DOC 393.16(3)(e) (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.

DOC 393.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.17 DOC 393.17 Petition for change in placement by the court.

DOC 393.17(1) (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.

DOC 393.17(2) (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.

DOC 393.17 History 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 DOC 393.18 Revocation hearing.

DOC 393.18(1) (1) General. The revocation hearing process shall be governed by ch. HA 2, except for those provisions in sub. (2).

DOC 393.18(2) (2) Exceptions.

DOC 393.18(2)(a) (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).

DOC 393.18(2)(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.

DOC 393.18(2)(c) (c) Hearing closed. A revocation hearing for a youth shall be closed to the public.

DOC 393.18(2)(d) (d) Parents. The youth’s parents or guardian may attend the hearing.

DOC 393.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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

DOC 393.19(1) (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.

DOC 393.19(2) (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.

DOC 393.19(3) (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.

DOC 393.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.20 DOC 393.20 Youth complaint procedure.

DOC 393.20(1) (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.

DOC 393.20(2) (2) Objectives. The objectives of this procedure include all of the following:

DOC 393.20(2)(a) (a) To allow youth to raise questions regarding a decision affecting their supervision.

DOC 393.20(2)(b) (b) To encourage communication and cooperation between youth and staff.

DOC 393.20(2)(c) (c) To resolve problems in an orderly and consistent manner.

DOC 393.20(3) (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:

DOC 393.20(3)(a) (a) Revocation.

DOC 393.20(3)(b) (b) Custody and detention.

DOC 393.20(3)(c) (c) A violation of criminal law or ordinance.