DOC 331.05(6) (6) Decision.

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) (7) Detention pending final hearing.

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)1. 1. The offender is believed to be dangerous.

DOC 331.05(7)(b)2. 2. The offender is likely to flee.

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)(b)5. 5. The length of the term to be served upon revocation is great.

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)(d)1. 1. The decision of the administrative law judge becomes final.

DOC 331.05(7)(d)2. 2. The offender is reinstated.

DOC 331.05(7)(d)3. 3. The violation warrant is vacated by the department.

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) (8) Reissuance of notice.

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

DOC 331.06 DOC 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 History History: CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 331.07 DOC 331.07 Waived revocation hearing.

DOC 331.07(1) (1) An offender may waive in writing the right to revocation hearing.

DOC 331.07(2) (2) The agent shall prepare and send the waiver and a record of documents supporting the recommendation for revocation to the secretary for decision within a reasonable period of time.