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.