DOC 331.05(4)(4) Time and place. The preliminary hearing shall take place as close as feasible to the area of the state in which the alleged violation occurred. It shall take place not sooner than one working day and not later than 5 working days after receipt by the offender of the notice of the preliminary hearing. DOC 331.05(5)(5) Qualified right to an attorney. If an attorney fails to appear at the preliminary hearing to represent the offender, the magistrate may either proceed with the hearing or postpone the hearing. The hearing shall be postponed to permit representation by an attorney if the offender, after being informed of his or her right to representation, requests an attorney based on a timely and plausible claim that he or she did not commit the alleged violation and the magistrate concludes either that the complexity of the issues will make it difficult for the offender to present his or her case or that the offender is otherwise not capable of speaking effectively for himself or herself. DOC 331.05(6)(a)(a) After the preliminary hearing the magistrate shall issue a written decision stating findings, conclusions and reasons for the decision. The decision shall be based on the evidence presented. DOC 331.05(6)(b)(b) The magistrate shall provide copies to the offender within a reasonable time after the preliminary hearing. DOC 331.05(6)(c)(c) If probable cause was found, the division of hearings and appeals shall be contacted in writing to request the scheduling of a final revocation hearing. DOC 331.05(6)(d)(d) If no probable cause was found the revocation process terminates without prejudice. DOC 331.05(7)(a)(a) When there is a preliminary hearing, the magistrate shall decide if the offender is to be detained pending the outcome of the final hearing. When a preliminary hearing is not required because the case meets one of the criteria under sub. (2), a supervisor shall make the detention decision. DOC 331.05(7)(b)(b) The magistrate or supervisor shall consider factors including the following: DOC 331.05(7)(b)3.3. The offender is likely to engage in criminal behavior before the revocation takes place. DOC 331.05(7)(b)4.4. The offender is likely to engage in an activity that does not comply with the rules and conditions of supervision. DOC 331.05(7)(c)(c) A detained offender is not eligible for release, including temporary release for work. DOC 331.05(7)(d)(d) The detention decision made pursuant to par. (b) shall remain in effect until one of the following occurs: DOC 331.05(7)(e)(e) If the department requests review of the administrative law judge’s decision, the custody decision made pursuant to par. (b) shall remain in effect. DOC 331.05(7)(f)(f) The secretary may alter the custody decision at any time if the public interest warrants it. DOC 331.05(8)(a)(a) If notice of the preliminary hearing is found to be improper and the impropriety itself results in the dismissal of the revocation proceedings, the department may issue a proper notice and begin the proceedings again. DOC 331.05(8)(b)(b) If a magistrate decides that there is no probable cause to believe the offender committed the violation and later the department learns of additional relevant information regarding the alleged violation, revocation proceedings may be started again with issuance of a new notice for the preliminary hearing. DOC 331.05 HistoryHistory: CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13. DOC 331.06DOC 331.06 Final revocation hearing. A final revocation hearing of an offender’s supervision shall take place in accordance with procedures set forth in ch. HA 2. DOC 331.06 HistoryHistory: CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.