DOC 393.12(1)(1)Investigation. An agent who has reason to believe that a youth violated a conduct rule or court-ordered condition of aftercare shall investigate the matter. The investigation shall include an interview with the youth to discuss the alleged violation within a reasonable period of time after the agent becomes aware of the allegation.
DOC 393.12(2)(2)Action. If following the investigation under sub. (1), the agent concludes that a youth committed a violation, the agent shall take one of the following actions:
DOC 393.12(2)(a)(a) Counseling.
DOC 393.12(2)(a)1.1. ‘Procedure.’ If the violation is minor and does not present a substantial or immediate risk to the community or the youth, the agent may review the conduct rules and court-ordered conditions of aftercare with the youth, inform the youth why the conduct is a violation and direct the youth to take corrective action. Counseling may be the appropriate course of action if any of the following apply:
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.