Wis. Admin. Code Department of Corrections DOC 393.14 - Preparation for revocation hearing

(1) NOTICE. 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) A statement of the alleged violation.

(b) A statement of the conduct rule or court-ordered condition of aftercare that the youth allegedly violated.

(c) A statement that a revocation hearing has been scheduled under this section and an explanation of the youth's rights at that hearing including:

1. The right to be present.

2. The right to be represented by an attorney.

3. The right to deny the allegation and to speak on his or her own behalf.

4. The right to present evidence.

5. The right to present witnesses and the right to question witnesses.

6. The right to receive a written decision stating the reasons for the decision based upon the evidence and testimony presented.

(d) A statement of the evidence to be considered at the hearing which may include:

1. Documents.

2. Physical evidence.

3. Results of a breathalyzer test.

4. Incriminating statements by the youth.

5. All law enforcement reports regarding the allegation.

6. All warrants issued relating to the allegation.

7. Relevant photographs.

(e) 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.

(f) 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.

(g) The date, time and place of the hearing.

(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.

(3) WAIVER.

(a) 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.

(b) 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.

(c) 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.

(d) 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:

(a) The court order placing the youth under the supervision of the department or county department.

(b) The conduct rules and court-ordered conditions signed by the youth.

(c) The violation report.

(d) A case history review summary.

(e) A statement from any unavailable witness and an statement explaining why the witness is unavailable.

(f) The document used by the agent to recommend revocation.

(g) 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:

(a) The youth has waived the revocation hearing.

(b) The administrator or county director has signed the order revoking the youth's aftercare.

(c) OJOR has approved the transfer to the corrective sanctions program and issued the transfer order.

Notes

Wis. Admin. Code Department of Corrections DOC 393.14

Cr. Register, June, 2000, No. 534, eff. 7-1-00.