The Division of Hearings and Appeals (DHA) Corrections Unit handles adult probation, parole, extended supervision, and juvenile aftercare
supervision cases. Revocation of supervision for these types of cases requires an administrative hearing unless the hearing is waived by
the individual whose supervision is being revoked. Requests for hearings in these cases are sent to DHA by the Department of Corrections.
The hearings are typically held where the offender is being detained, usually a county jail or state correctional institution. If the offender is not detained, the hearing may take place in a DOC office or other public location.
Often these hearings are conducted by video and parties may physically be in different locations. These hearings are usually held within 50 days of the offender's arrest or detention
(Wis. Stat. § 302.335 (2)(b)).
This information has been provided to help you understand the hearing process. It is not intended to substitute for the legal advice and assistance of an attorney. This is a general explanation and does not cover all details contained in the applicable statutes.
The Revocation Process
When an offender allegedly violates the conditions of his or her supervision, or allegedly commits a new law violation,
the agent supervising the offender must investigate and make a decision whether to recommend revocation of the offender's
supervision. This decision is discussed with and must be approved by the agent's supervisor.
The offender has the right to have revocation hearing held before an Administrative Law Judge (ALJ).
The ALJ will determine, based on the evidence presented, if the revocation of supervision is appropriate. The ALJ, who by
law is a licensed attorney, is not employed by the Department of Corrections.
At the time of the hearing, the offender, the offender's attorney, and the agent are all
permitted to present evidence on the issues for which the revocation of supervision is recommended.
The evidence may include the testimony of witnesses, documents and audio visual recordings. All parties present may
question witnesses and the testimony is recorded. The ALJ must decide at the
hearing if the evidence proves the offender violated the conditions of supervision, and, if so, if the revocation of supervision appropriate.
After the hearing, the ALJ will write a decision determining whether or not supervision will be revoked and explaining the reasoning
behind the decision. This decision will be sent to the offender, the offender's attorney and the agent
within 10 working days of the hearing.
After the Hearing
Revocation of the offender's supervision will result in the offender's return to court for sentencing or incarceration in a jail
or a prison. A decision not to revoke the offender will result in continued supervision in the community with the probability
of additional rules of supervision.
Either the offender or the offender's agent may appeal a decision of an Administrative Law Judge by filing a
written appeal (see Wis. Admin. Code § HA 2.05(8)).
The appeal can be as informal as a letter and should be addressed to:
Brian Hayes, Administrator
Division of Hearings and Appeals
5005 University Avenue, Suite 201
Madison, WI 53705
Administrative appeals must be filed within 10 working days of the date of the administrative law judge's
A copy of the appeal must also be sent to the opposing party. The opposing party has seven working
days to respond. The final decision will be issued within twenty-one working days of the appeal.
Corrections Appeals 2015