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(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)(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. DOC 393.14(3)(c)(c) The aftercare provider may not accept a waiver from a youth of any age if the aftercare provider reasonably believes that the youth lacks the mental capacity to make a reasoned and voluntary waiver of his or her rights. DOC 393.14(3)(d)(d) A youth’s waiver shall be discussed and signed in the presence of a witness who is an adult. The witness may not be an employee of the aftercare provider, unless no other witness is available. DOC 393.14(4)(4) Information packet. At least 5 days prior to the day of a hearing, the agent shall send copies of the following documents to the youth and the youth’s attorney, if any: DOC 393.14(4)(a)(a) The court order placing the youth under the supervision of the department or county department. DOC 393.14(4)(b)(b) The conduct rules and court-ordered conditions signed by the youth. DOC 393.14(4)(e)(e) A statement from any unavailable witness and an statement explaining why the witness is unavailable. DOC 393.14(4)(g)(g) The department’s aftercare revocation notice, rights, acknowledgment and waiver form. DOC 393.14(5)(5) Review of evidence. At least 2 days prior to the day of the hearing, the youth and the youth’s attorney, if any, may review all evidence to be submitted by the aftercare provider at the hearing, except evidence that the hearing examiner determines should not be disclosed, such as the identity of confidential informants. DOC 393.14(6)(6) Harmless error. When a procedural requirement under this chapter is not met by the aftercare provider, the error shall be considered harmless and disregarded if it does not substantially affect the rights of the youth. Rights are substantially affected when a variance from a requirement prejudices a fair revocation proceeding for the youth. DOC 393.14(7)(7) Concurrent prosecution. All revocation proceedings under this chapter may proceed regardless of any concurrent prosecution of a youth for the conduct underlying the alleged aftercare violation. Dismissal or acquittal in a court proceeding for a youth’s conduct underlying an alleged violation does not preclude revocation of that youth’s aftercare for the same conduct. DOC 393.14(8)(8) Decision to terminate revocation proceedings. At any time during the revocation proceedings, the aftercare provider may terminate the revocation proceedings in order to implement an alternative course of action. If the youth has been held on administrative detention during the proceedings, the youth shall, following the decision to terminate the proceedings, be released to an alternative placement approved by the aftercare provider at the earliest practical time. This placement may be the previous placement from which the youth was initially removed, or an alternative placement. DOC 393.14(9)(9) Corrective sanctions program. An aftercare provider may place a youth in the corrective sanctions program immediately following a revocation if all of the following have occurred: DOC 393.14(9)(b)(b) The administrator or county director has signed the order revoking the youth’s aftercare. DOC 393.14(9)(c)(c) OJOR has approved the transfer to the corrective sanctions program and issued the transfer order. DOC 393.14 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00. DOC 393.15DOC 393.15 Procedure for youth on state aftercare when hearing right is waived.