Waiver

A youth may waive the right to a revocation hearing. Such waiver shall be after consultation with an attorney, where one has been appointed or retained; however, nothing in 109 CMR 8.08 shall preclude a youth from declining to accept an offer of assistance of counsel. Where a youth chooses to waive his or her right to a revocation hearing, liberty is revoked provided the youth has endorsed his or her intent to waive in writing. In any case where a youth has waived a hearing, the Hearing Officer shall review the revocation documents to determine the adequacy of the grounds for revocation, as well as evaluate the effectiveness of the waiver prior to affirming the youth's revocation of conditional liberty. The disposition of a youth who has waived a hearing shall be subject to the provisions of 109 CMR 8.11. In the event there is a question as to the continued validity of the waiver of a revocation hearing based on factors including, but not limited to, a change in the Department's requested disposition or the youth's reconsideration of the waiver, the Department shall promptly notify the attorney, if any, who counseled the youth regarding the waiver.