Frequently Asked Questions
1. Do I need to have new charges to be revoked? No, however, violating the law while on supervision is such a serious violation that it alone may justify revocation. State ex rel. Rodriguez v. Dep’t of Health & Soc. Servs., 133 Wis. 2d 47, 52, 393 N.W.2d 105 (Ct. App. 1986).
2. Is the DOC required to provide me with an Alternative to Revocation (ATR) before revoking? No, the DOC has the discretion to offer an ATR. In exercising that discretion, the DOC must consider whether alternatives are available and viable but are not required to offer or try alternatives before seeking revocation.
3. Am I entitled to have counsel at a revocation hearing? Yes, an administrative rule provides that you have an unqualified right to counsel at revocation. Wis. Admin. Code § HA 2.05(3)(f). However, you can also appear pro se (on your own). The ALJ would ensure you are making that decision knowingly, intelligently, and voluntarily.
4. Do I appear before the circuit court Judge for this hearing? No, the revocation hearing will be heard by an Administrative Law Judge that is impartial to both the DOC and client.
5. Is hearsay allowed to come in at the hearing? Yes, under certain circumstances so it is important to know and understand the exceptions and how to argue against its admission.
6. Who determines my jail credit? If you waive your right to a revocation hearing, the DOC determines custody credit. Wis. Stat. § 973.155(2). If an ALJ provides the revocation decision, he or she determines custody credit. Wis. Stat. § 973.155(2). It is important to have counsel cross-check the identified credit as there have been errors identified and you want to ensure all custody credit is accounted for at the hearing.