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02-0812 State ex rel. Savage v. Schwarz

By: dmc-admin//November 25, 2002//

02-0812 State ex rel. Savage v. Schwarz

By: dmc-admin//November 25, 2002//

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Joseph Savage appeals an order affirming his probation revocation and quashing his writ of certiorari. The Department of Corrections began proceedings to revoke Savage’s probation after he violated several conditions. At Savage’s revocation hearing, the administrative law judge (ALJ) found Savage had violated conditions of his probation, but determined a program to which Savage had already been accepted was a viable alternative to revocation. The alternative program, however, was in Minnesota and the ALJ concluded he did not have the authority to transfer Savage to an out of state program. The ALJ determined there was no other appropriate alternative to revocation and revoked Savage’s probation. Savage appealed to the Division of Hearings and Appeals, which upheld the ALJ’s decision, but determined the Minnesota program was not a viable alternative to Savage’s revocation. Savage filed for certiorari review, and the trial court affirmed the division’s decision.

On appeal, Savage argues the division’s decision is arbitrary, oppressive and unreasonable because it did not explain why the Minnesota program was not a reasonable alternative to revocation. He further contends the evidence does not support the division’s decision that there were no reasonable alternatives to revocation.

We determine the division’s decision was not arbitrary, oppressive or unreasonable and therefore affirm the judgment.

This opinion will not be published.

Dist III, St. Croix County, Needham, J., Per Curiam

Attorneys:

For Appellant: Jack E. Schairer, Madison

For Respondent: Eric G. Johnson, Hudson; Michael R. Klos, Madison

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