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 NoteNote: 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 HistoryHistory: 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 393.13DOC 393.13Violation 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 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 393.14DOC 393.14Preparation for revocation hearing.