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.

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 History History: 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 393.13 DOC 393.13 Violation 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 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.14 DOC 393.14 Preparation for revocation hearing.

DOC 393.14(1) (1) Notice. Prior to a revocation hearing, the agent shall serve the youth with written notice of the hearing. If the youth is being held on administrative detention under s. DOC 393.12 (4), the notice shall be served no later than the 7th day after the day on which the youth was taken into physical custody in Wisconsin. If the youth is not in physical custody, the notice shall be served on the youth at least 14 days prior to the scheduled revocation hearing. The agent shall also send a copy of the notice to the hearing examiner’s office and to the youth’s attorney. The notice shall include:

DOC 393.14(1)(a) (a) A statement of the alleged violation.

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.