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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.
(c) Hearing closed. A revocation hearing for a youth shall be closed to the public.
(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.
(c) To resolve problems in an orderly and consistent manner.
(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.
(c) A violation of criminal law or ordinance.
(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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.