Why alternatives to revocation are not appropriate and have been rejected.
(3) Revocation of youth under extended jurisdiction. DOC 393.12(3)(b)
When the aftercare provider decides to initiate revocation proceedings for a youth subject to extended jurisdiction, the aftercare provider shall file a petition for revision of the court order with the committing court pursuant to s. 48.366 (5)
, Stats., requesting revocation of the youth's aftercare status.
If an aftercare provider initiates revocation proceedings, the aftercare provider may place a youth under its supervision on administrative detention pending the outcome of the revocation proceedings. The administrative detention decision shall be based upon the alleged violation and the youth's past conduct. The aftercare provider may hold the youth on administrative detention if it is likely that any of the following will occur if the youth remains in the current placement:
The youth will seek to intimidate a witness in a pending investigation, disciplinary action or revocation action.
The youth will encourage others by example, expressly or by the youth's presence, to defy staff authority and thereby erode the staff's ability to control a particular situation.
The youth will present a substantial danger to the physical safety of himself or herself or another person.
The youth will engage in an activity that violates a conduct rule or court-ordered condition of aftercare.
The youth will not achieve the goals and objectives of his or her aftercare.
If a youth under aftercare supervision of the department is removed from an approved placement, whether from the youth's own home or from an alternate care placement and a suitable alternative placement is not readily available, the department may place the youth at a type 1 secured correctional facility on administrative detention until a suitable alternate placement is found. If a suitable alternate placement is not found within 30 days, the supervisor shall notify the regional chief of the youth's status. If a suitable alternate placement is not found within 60 days, the regional chief shall notify the administrator.
When the aftercare provider decides to place a youth on administrative detention, the aftercare provider may request that the youth be taken into custody under s. 938.19 (1) (d) 6.
, Stats. and released to the aftercare provider under s. 938.20 (2) (cm)
The department may place a youth in a type 1 secured correctional facility or a secure detention facility within the meaning of s. 938.02 (16)
, Stats., pending the outcome of revocation proceedings.
DOC 393.12 Note
Section 938.02 (16), Stats., was renumbered to s. 938.02 (10r), Stats., and the term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344
If the aftercare provider places a youth on administrative detention, the aftercare provider shall give the youth a written notice explaining why the youth is on administrative detention pending the outcome of the revocation proceeding.
The aftercare provider shall give the notice to the youth no later than the 7th day after the day the youth was placed on administrative detention. The notice shall state the reason why revocation of aftercare has been initiated and shall identify the basis for administrative detention under par. (a)
The notice shall inform the youth that he or she may appeal the administrative detention decision to the next supervisory level in writing at any time prior to the revocation hearing.
The supervisor reviewing the appeal shall respond in writing to the youth within 7 days after receipt of the appeal. Failure of the supervisor to respond upholds the administrative detention decision.
The youth may appeal the decision of the supervisor to the administrator at any time prior to the revocation hearing. The administrator shall respond in writing to the youth within 7 days after receipt of the appeal. Failure of the administrator to respond upholds the administrative detention decision.
The original administrative detention decision shall remain in effect pending the decision on the appeal.
DOC 393.12 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00.
When a violation results in a summary disposition, initiation of revocation proceedings or the youth is taken into custody by law enforcement for a violation of a law, the assigned agent shall prepare a written violation report. The violation report shall include all of the following:
A description of the alleged misconduct, including any conflicting versions of the nature or circumstances of the alleged violation.
The alleged victim's statement or a statement of the impact on the alleged victim.
A description of any alleged violations of the law, any statement or confession to law enforcement, guilty plea, pending charges, a prosecutor's recommended disposition or a conviction for the conduct underlying the alleged aftercare violation, if known.
A list of all conduct rules and court-ordered conditions the youth allegedly violated.
A description of the agent's investigation and statement of the agent's conclusions.
Any recommendation for revocation of aftercare and the reasons for the recommendation, or a description of the specific summary disposition imposed under s. DOC 393.12 (2) (b)
The assigned agent shall maintain the violation report in the youth's file.
DOC 393.13 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00.
Preparation for revocation hearing. DOC 393.14(1)(1)
Prior to a revocation hearing, the agent shall serve the youth with written notice of the hearing. If the youth is being held on administrative detention under s. DOC 393.12 (4)
, the notice shall be served no later than the 7th day after the day on which the youth was taken into physical custody in Wisconsin. If the youth is not in physical custody, the notice shall be served on the youth at least 14 days prior to the scheduled revocation hearing. The agent shall also send a copy of the notice to the hearing examiner's office and to the youth's attorney. The notice shall include:
A statement of the conduct rule or court-ordered condition of aftercare that the youth allegedly violated.
A statement that a revocation hearing has been scheduled under this section and an explanation of the youth's rights at that hearing including:
The right to deny the allegation and to speak on his or her own behalf.
The right to receive a written decision stating the reasons for the decision based upon the evidence and testimony presented.
A statement of the evidence to be considered at the hearing which may include:
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.
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.
(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.
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.
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.
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.
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.
(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:
The court order placing the youth under the supervision of the department or county department.
The conduct rules and court-ordered conditions signed by the youth.
A statement from any unavailable witness and an statement explaining why the witness is unavailable.
The department's aftercare revocation notice, rights, acknowledgment and waiver form.
(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.
(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.
(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.
(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.
(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:
The administrator or county director has signed the order revoking the youth's aftercare.
OJOR has approved the transfer to the corrective sanctions program and issued the transfer order.
DOC 393.14 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00.
Procedure for youth on state aftercare when hearing right is waived. DOC 393.15(1)
When a youth on state-provided aftercare waives his or her right to a revocation hearing under s. DOC 393.14 (3)
, a supervisor may recommend that the administrator revoke the youth's aftercare.
When a supervisor recommends revocation under sub. (1)
, the supervisor shall forward the youth's revocation notice and waiver, all documents required under s. DOC 393.14 (4)
and the evidence referred to in s. DOC 393.14 (1) (d) 1.
to the administrator within 14 days after acceptance of the waiver, unless the administrator grants an extension for cause.