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.

DOC 393.14(1)(c)3. 3. The right to deny the allegation and to speak on his or her own behalf.

DOC 393.14(1)(c)4. 4. The right to present evidence.

DOC 393.14(1)(c)5. 5. The right to present witnesses and the right to question witnesses.

DOC 393.14(1)(c)6. 6. The right to receive a written decision stating the reasons for the decision based upon the evidence and testimony presented.

DOC 393.14(1)(d) (d) A statement of the evidence to be considered at the hearing which may include:

DOC 393.14(1)(d)1. 1. Documents.

DOC 393.14(1)(d)2. 2. Physical evidence.

DOC 393.14(1)(d)3. 3. Results of a breathalyzer test.

DOC 393.14(1)(d)4. 4. Incriminating statements by the youth.

DOC 393.14(1)(d)5. 5. All law enforcement reports regarding the allegation.

DOC 393.14(1)(d)6. 6. All warrants issued relating to the allegation.

DOC 393.14(1)(d)7. 7. Relevant photographs.

DOC 393.14(1)(e) (e) A statement that the youth has the right to waive the revocation hearing in accordance with sub. (3), in which case the administrator or the director of the county department, shall decide whether to revoke the youth’s aftercare.

DOC 393.14(1)(f) (f) A statement that whatever relevant information or evidence is in the possession of the department or county department is available for inspection, unless the hearing examiner determines that the information or sources of information may be kept confidential.

DOC 393.14(1)(g) (g) The date, time and place of the hearing.

DOC 393.14(2) (2) Reissuance of notice. When the notice of a revocation hearing is found to be improper and the impropriety results in the dismissal of the revocation proceedings, the department or county department may reinitiate revocation proceedings by issuing a proper notice.

DOC 393.14(3) (3) Waiver.

DOC 393.14(3)(a) (a) A youth served with notice under sub. (1) or sub. (2) may waive the right to a revocation hearing, including the right to be represented by an attorney at that hearing, if the youth waives these rights knowingly, voluntarily and in writing.

DOC 393.14(3)(b) (b) The aftercare provider may not accept a waiver from a youth who is less than 14 years of age at the time of the waiver, unless the youth’s attorney approves the waiver. If a youth who is less than 14 years of age at the time of the waiver does not have an attorney, the aftercare provider may not accept a waiver unless the youth’s parent, guardian or legal custodian approves the waiver. A youth may consult with an attorney, if requested, before the youth waives any rights.