DOC 331.03(2)(b)4. 4. Implementation of an alternative to revocation.

DOC 331.03(2)(c) (c) Recommend revocation for the alleged violation.

DOC 331.03 History History: CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 331.04 DOC 331.04 Notice. Within a reasonable time after a determination under s. DOC 331.03 (2) (c), the department shall provide the offender with written notice that the department has recommended revocation. The notice shall contain all of the following:

DOC 331.04(1) (1) A statement describing the alleged violation and the rule violated.

DOC 331.04(2) (2) The offender’s hearing rights, including the right to waive the hearing.

DOC 331.04(3) (3) The amount of any time available for good time forfeiture, reincarceration, or reconfinement.

DOC 331.04(4) (4) The amount of time recommended by the agent for good time forfeiture, reincarceration, or reconfinement.

DOC 331.04 History History: CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 331.05 DOC 331.05 Preliminary hearing.

DOC 331.05(1) (1) Requirement. When revocation is initiated, a magistrate shall conduct a preliminary hearing in accordance with this section to determine whether there is probable cause to believe that the offender violated a rule or a condition of supervision.

DOC 331.05(2) (2) Exceptions. A preliminary hearing need not be held if one of the following is true:

DOC 331.05(2)(a) (a) The offender waives the right to a preliminary hearing in writing.

DOC 331.05(2)(b) (b) The offender has given and signed a written statement which admits a violation.

DOC 331.05(2)(c) (c) There has been a finding of probable cause in a felony matter and the offender is bound over for trial for the same or similar conduct.

DOC 331.05(2)(d) (d) There has been an adjudication of guilt by a court for the same or similar conduct.

DOC 331.05(2)(e) (e) The offender is not being held in custody under the department’s authority.

DOC 331.05(2)(f) (f) There has been a finding of probable cause for the same or similar conduct by a court or magistrate in another state.

DOC 331.05(3) (3) Notice of preliminary hearing. Written notice shall be given to the offender and either the offender’s attorney or the state public defender. The notice shall include all of the following:

DOC 331.05(3)(a) (a) The rule or condition that the offender is alleged to have violated.

DOC 331.05(3)(b) (b) A statement that the offender has a right to a preliminary hearing to determine if there is probable cause to believe the offender has violated a rule or condition of supervision.

DOC 331.05(3)(c) (c) A statement that the offender has the right to waive the preliminary hearing.

DOC 331.05(3)(d) (d) A statement that the offender has a qualified right to be represented by an attorney at the preliminary hearing.

DOC 331.05(3)(e) (e) A statement that the offender or offender’s attorney, if applicable, may review all relevant evidence to be considered at the preliminary hearing, except evidence that is determined to be confidential.

DOC 331.05(3)(f) (f) An explanation of the possible consequences of any decision.

DOC 331.05(3)(g) (g) An explanation of the offender’s rights which shall include all of the following:

DOC 331.05(3)(g)1. 1. The right to be present.

DOC 331.05(3)(g)2. 2. The right to deny the allegation.

DOC 331.05(3)(g)3. 3. The right to present relevant evidence, including witnesses who can give relevant information regarding the violation of the rules or conditions of supervision.