DOC 393.15 DOC 393.15 Procedure for youth on state aftercare when hearing right is waived.

DOC 393.15(1) (1) Supervisor’s recommendation. 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.

DOC 393.15(2) (2) Record. 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., 3., 4. and 5. to the administrator within 14 days after acceptance of the waiver, unless the administrator grants an extension for cause.

DOC 393.15(3) (3) Administrator’s decision.

DOC 393.15(3)(a) (a) The administrator after reviewing the documents and evidence under sub. (2) may revoke the youth’s aftercare. The administrator’s written decision shall state the reasons why the youth’s aftercare was revoked or not revoked.

DOC 393.15(3)(b) (b) The administrator shall forward a copy of the decision to the youth, the youth’s attorney, if any, and the youth’s agent within 14 days after the administrator receives the documents and evidence under sub. (2).

DOC 393.15(3)(c) (c) If the youth is in custody at a type 1 secured correctional facility, the administrator shall promptly forward a copy of the decision to the type 1 secured correctional facility.

DOC 393.15(3)(d) (d) If the youth was not in custody during the revocation proceedings, the administrator shall direct the youth be taken into custody and transferred to a type 1 secured correctional facility.

DOC 393.15(3)(e) (e) If the youth’s aftercare is not revoked, the administrator shall remand the youth’s case to the youth’s agent and the agent’s supervisor for alternative planning and placement.

DOC 393.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.16 DOC 393.16 Procedure for youth on county aftercare when hearing right is waived.

DOC 393.16(1) (1) Supervisor’s recommendation. When a youth on county-provided aftercare waives the revocation hearing under s. DOC 393.14 (3), the county agent’s supervisor may recommend that the director of the county department revoke the youth’s aftercare.

DOC 393.16(2) (2) Record. When the recommendation under sub. (1) is to revoke the youth’s aftercare status, the county agent’s supervisor shall forward the notice of revocation and waiver, all documents required under s. DOC 393.14 (4) and the evidence referred to in s. DOC 393.14 (1) (d) 1., 3., 4. and 5. to the county director within 14 days after acceptance of the waiver, unless the county director grants an extension for cause.

DOC 393.16(3) (3) County director’s decision.

DOC 393.16(3)(a) (a) The county director after reviewing the documents under sub. (2) may revoke the youth’s aftercare. The county director shall issue a written decision, stating the reasons why the youth’s aftercare was revoked or not revoked.

DOC 393.16(3)(b) (b) The county director shall forward copies of the decision to the youth, the youth’s attorney, if any, and the youth’s agent within 14 days after the county director receives the documents and evidence under sub. (2).

DOC 393.16(3)(c) (c) The county director shall promptly forward the decision and all documents required under s. DOC 393.14 (4) to the department and to the type 1 secured correctional facility designated by the department to receive the youth following the revocation.

DOC 393.16(3)(d) (d) If the youth was not in custody during the revocation proceedings, the county director shall direct that the youth be taken into custody and arrangements made for the youth to be transferred to the designated type 1 secured correctional facility.

DOC 393.16(3)(e) (e) If the youth’s aftercare is not revoked, the youth’s case shall be remanded by the county director to the youth’s agent and the agent’s supervisor for alternative planning and placement.

DOC 393.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.17 DOC 393.17 Petition for change in placement by the court.

DOC 393.17(1) (1) A aftercare provider may, in lieu of an administrative hearing, petition the committing court under s. 938.357 (3), Stats., for a change in placement to a type 1 secured correctional facility.

DOC 393.17(2) (2) If a youth who has been released to aftercare by the court violates a condition of supervision imposed by the court or the department, the administrator may direct that a petition be filed with the court requesting revocation.

DOC 393.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 393.18 DOC 393.18 Revocation hearing.

DOC 393.18(1) (1) General. The revocation hearing process shall be governed by ch. HA 2, except for those provisions in sub. (2).

DOC 393.18(2) (2) Exceptions.

DOC 393.18(2)(a) (a) Time limit. A revocation hearing for a youth on aftercare shall be held within 30 days after the youth was taken into custody in Wisconsin for an alleged violation, in accordance with s. 938.357 (5) (d), Stats., unless this time limit is waived under par. (b).

DOC 393.18(2)(b) (b) Waiver of revocation hearing time limit. The 30-day required time limit in par. (a) may be waived only upon agreement of the aftercare provider, the youth and the youth’s attorney, if any.