Register December 2006 No. 612
Chapter DOC 331
PROBATION-PAROLE REVOCATION PROCEDURE
DOC 331.01 Authority and applicability.
DOC 331.03 Revocation of probation and parole.
DOC 331.04 Preliminary hearing.
DOC 331.06 Procedure when revocation hearings are waived.
DOC 331.07 Termination of revocation proceedings.
DOC 331.08 Concurrent criminal prosecution and acquittal in criminal proceeding.
DOC 331.10 Transport to a correctional institution.
DOC 331.11 Special revocation procedures.
DOC 331.12 Harmless error.
DOC 331.13 Good time forfeiture hearing.
DOC 331.14 Reincarceration hearing.
DOC 331.16 Reinstatement.
Ch. DOC 331 Note
Note: Several sections in this chapter have explanatory notes which can be found after the last section in the chapter.
DOC 331.01
DOC 331.01
Authority and applicability. DOC 331.01(1)
(1) These rules are promulgated under the authority of s.
227.11, Stats. They interpret ss.
46.001,
301.025,
302.11,
302.19,
302.31,
304.06,
304.072,
961.47,
971.17, and
973.10, Stats.; ss.
54.04 and 54.07, 1975 Stats.; and
ch. 48, Stats.
DOC 331.01(2)
(2) This chapter applies to the adults on probation or parole and youth on aftercare in the legal custody of the department. This chapter will cease to apply to youth on the effective date of revocation rules relating specifically to youth.
DOC 331.01 History
History: Cr.
Register, December, 1981, No. 312, eff. 1-1-82; emerg. am. (2), eff. 9-25-89; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2006 No. 612.
DOC 331.02 History
History: Cr.
Register, December, 1981, No. 312, eff. 1-1-82.
DOC 331.03
DOC 331.03
Revocation of probation and parole. DOC 331.03(1)(1)
Revocation. A client's probation or parole may be revoked and the client transported to a correctional institution or court if the client violates a rule or condition of supervision.
DOC 331.03(2)
(2) Investigation. A client's agent shall investigate the facts underlying an alleged violation and shall meet with the client to discuss the allegation within a reasonable period of time after becoming aware of the allegation.
DOC 331.03(3)
(3) Recommendation. After investigation and discussion under
sub. (2), the agent shall decide whether to:
DOC 331.03(3)(b)1.
1. A review of the rules of supervision followed by changes in them where necessary or desirable, including return to court;
DOC 331.03(3)(b)2.
2. A formal or informal counseling session with the client to reemphasize the necessity of compliance with the rules or conditions; or
DOC 331.03(3)(b)3.
3. An informal or formal warning that further violation may result in a recommendation for revocation; or
DOC 331.03(4)
(4) Report. An agent shall report all alleged client violations of the rules or conditions of supervision to the agent's supervisor. The following shall be reported:
DOC 331.03(4)(a)
(a) The facts underlying the alleged violation, including conflicting versions regarding the nature and circumstances of the alleged violation;
DOC 331.03(4)(d)
(d) The agent's recommendation regarding disposition and the reasons for it;
DOC 331.03(4)(f)
(f) Any pending criminal charges, guilt plea, confession, or conviction for the conduct underlying the alleged violation; and
DOC 331.03(4)(g)
(g) Reference to the client's prior adjustment, including but not limited to alleged violations, violations, and abscondings.
DOC 331.03 History
History: Cr.
Register, December, 1981, No. 312, eff. 1-1-82; r. (2) and (9), renum. (3) to (8), (10) and (11) to be HSS 31.05 to 31.12,
Register, August, 1985, No. 356, eff. 9-1-85.
DOC 331.04(1)(1)
Requirement. If the agent's immediate supervisor reasonably concludes on the basis of the agent's report under
s. DOC 331.03 (4) that revocation proceedings should be started, even if the agent did not recommend revocation, a preliminary hearing shall be held in accordance with this section, unless
sub. (2) applies, to determine whether there is probable cause to believe that the client violated a rule or a condition of supervision.
DOC 331.04(2)
(2) Exceptions. A preliminary hearing need not be held if one of the following is true:
DOC 331.04(2)(b)
(b) The client has given and signed a written statement which admits the violation;
DOC 331.04(2)(c)
(c) There has been a finding of probable cause in a felony matter and the client is bound over for trial for the same or similar conduct;
DOC 331.04(2)(d)
(d) There has been an adjudication of guilt by a court for the same conduct that is alleged to be a violation of supervision; or
DOC 331.04(3)
(3) Magistrate. The preliminary hearing shall be held before a magistrate. The magistrate shall be a supervisor or supervisor's designee who has not been directly involved in the decision to initiate proceedings to revoke the client's probation or parole.
DOC 331.04(4)
(4) Notice. Written notice of the preliminary hearing shall be given to the client and either the client's attorney or the state public defender if the client claims to be or appears indigent and is not represented by a private attorney. The notice shall include:
DOC 331.04(4)(a)
(a) The rule or condition that the client is alleged to have violated;
DOC 331.04(4)(c)
(c) A statement that the client has a right to a preliminary hearing before an impartial magistrate who shall determine if there is probable cause to believe the person has committed the alleged violation;
