Current through November 25, 2024
(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:
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.
(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.
