Section 393.12. Staff response to alleged violation.

 

(1)   Investigation. An agent who has reason to believe that a youth violated a conduct rule or court-ordered condition of aftercare shall investigate the matter. The investigation shall include an interview with the youth to discuss the alleged violation within a reasonable period of time after the agent becomes aware of the allegation.

(2)   Action. If following the investigation under sub. (1) , the agent concludes that a youth committed a violation, the agent shall take one of the following actions:

(a) Counseling.

1. Procedure. If the violation is minor and does not present a substantial or immediate risk to the community or the youth, the agent may review the conduct rules and court-ordered conditions of aftercare with the youth, inform the youth why the conduct is a violation and direct the youth to take corrective action. Counseling may be the appropriate course of action if any of the following apply:

a. The youth is unfamiliar with the conduct rule or court-ordered condition.

b. The youth has not previously violated the same or a closely related conduct rule or court-ordered condition.

c. The youth is unlikely to repeat the behavior if warned and counseled.

d. The youth's ability to understand the conduct rules or court-ordered conditions is limited or impaired.

e. Summary disposition or revocation is not appropriate.

2. Record. The agent shall place a brief written record in the youth's supervision file that describes the youth's violation and the counseling the agent provided to the youth.

(b) Summary disposition.

1. Procedure. The agent may inform the youth that the youth's conduct is in violation of a conduct rule or court-ordered condition of aftercare and do one or more of the following:

a. Explain the conduct rules and court-ordered conditions and warn the youth that further violations may result in revocation of the youth's aftercare.

b. Modify or supplement the conduct rules.

c. Require the youth to take corrective action.

d. Further restrict the youth's placement or supervision.

2. Report. When the agent imposes a summary disposition, the agent shall prepare a written violation report consistent with s. DOC 393.13 .

3. Appeal.

a. A youth may appeal a summary disposition to the next supervisory level within the department or the county department either orally or in writing within 5 days of its imposition. That supervisor shall review the action and issue a final written decision within 5 working days of receipt of the appeal. The agent shall record the appeal decision in the youth's file. If the supervisor does not issue a written decision within 5 working days, the disposition is upheld.

b. The filing of an appeal by a youth may not delay the imposition of the summary disposition pending outcome of the appeal.

(c) Initiation of revocation proceedings. The agent may recommend to the department or county department that revocation proceedings be initiated. The department or county department shall consider the following prior to initiating revocation proceedings:

1. The youth's committing offense.

2. The youth's past conduct and the positive and negative adjustments while on aftercare.

3. Previous violations that have occurred and the disposition of each.

4. The seriousness of the violation.

5. The alternatives to revocation.

6. Why alternatives to revocation are not appropriate and have been rejected.

(3)   Revocation of youth under extended jurisdiction.

(a) The aftercare revocation procedures in ss. DOC 393.14 to 393.16 and 393.18 do not apply to a youth subject to extended jurisdiction under s. 48.366 , Stats.

(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.

(4)   Administrative detention.

(a) 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:

1. The youth will seek to intimidate a witness in a pending investigation, disciplinary action or revocation action.

2. 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.

3. The youth will present a substantial danger to the physical safety of himself or herself or another person.

4. The youth will attempt to flee.

5. Criminal, disciplinary or revocation proceedings will be inhibited.

6. The youth will commit a crime.

7. The youth will engage in an activity that violates a conduct rule or court-ordered condition of aftercare.

8. The youth will not achieve the goals and objectives of his or her aftercare.

(b) 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.

(c) 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) , Stats.

(d) 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.

(e)

1. 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.

2. 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) .

3. 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.

4. 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.

5. 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.

6. The original administrative detention decision shall remain in effect pending the decision on the appeal.

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

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 . Microsoft Windows NT 6.1.7601 Service Pack 1