reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter VIII - Conduct Rules Relating to Safety and Health › Section DOC 373.56 - Misuse of medication

Current through June 24, 2024
(1) A youth may not possess or take
				medication except as properly prescribed for the youth, and in the amount and
				manner authorized.
(2) A youth may
				not distribute any medications, including over-the-counter medications, to
				another youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter VIII - Conduct Rules Relating to Safety and Health › Section DOC 373.57 - Self-harm and disfigurement

Current through June 24, 2024
(1) A youth may not
				cause injury, physical pain, illness or any impairment of physical condition to
				self.
(2) A youth may not cut,
				pierce, remove, mutilate, discolor or tattoo any part of the youth's own body
				or the body of another person.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter VIII - Conduct Rules Relating to Safety and Health › Section DOC 373.58 - Room disorder

Current through June 24, 2024
(1) Each institution or residential area of
				an institution shall adopt and post specific policies and procedures regulating
				the organization, neatness and cleanliness of youth living quarters.
(2) A youth may not violate institution
				policies and procedures regarding organization, neatness and cleanliness of a
				youth's living quarters.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter VIII - Conduct Rules Relating to Safety and Health › Section DOC 373.59 - Poor self-maintenance

Current through June 24, 2024
(1) A youth may not fail to follow
				institution standards or directives regarding personal cleanliness or grooming
				when the youth has been informed by staff that he or she does not meet the
				standards or directives.
(2) A
				youth may not fail to shower at least every 7 days or more frequently if
				required by the institution.
(3) A
				youth performing a work assignment may be required to maintain suitably cut
				hair or to wear protective headgear or a net.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter IX - Miscellaneous Conduct Rules › Section DOC 373.60 - Violation of clothing policy

Current through June 24, 2024
Each institution shall post specific policies and procedures
				  describing the clothing to be issued to youths, how clothing shall be worn, and
				  when it shall be worn. A youth may not violate the institution policies and
				  procedures regarding clothing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter IX - Miscellaneous Conduct Rules › Section DOC 373.61 - Gambling

Current through June 24, 2024
A youth may not wager money, services or anything else of
				  value on the outcome of all or any part of a game of skill or chance, an
				  athletic contest, the outcome of any event, or anything else.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter IX - Miscellaneous Conduct Rules › Section DOC 373.62 - Violation of conditions of leave

Current through June 24, 2024
(1) Each
				institution shall post specific policies and procedures regarding conditions
				imposed on an authorized leave. Institutions may solicit the views of
				appropriate community representatives prior to adoption of the specific
				policies and procedures.
(2) A
				youth may not violate the institution's policies and procedures relating to
				authorized leave.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter IX - Miscellaneous Conduct Rules › Section DOC 373.64 - Failure to cooperate with program

Current through June 24, 2024
In this section, "fail to cooperate" includes, but is not
				  limited to, failure of a youth to work appropriately toward completion of case
				  plan objectives or program goals or to respond appropriately to any discipline
				  imposed. A youth may not intentionally fail to cooperate with an assigned
				  program.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter IX - Miscellaneous Conduct Rules › Section DOC 373.65 - Institution policies and procedures

Current through June 24, 2024
(1) Each
				institution shall make specific policies and procedures relating to talking,
				clothing, movement within the institution, conditions of leave from the
				institution, personal property, personal hygiene and conditions of living
				quarters. These policies and procedures shall be consistent with the purposes
				stated in s.
				938.01,
				Stats., and the goals of youth corrections in s.
				DOC
				371.01(2). No institution policy or
				procedure may conflict with any provision of this chapter or be stricter than
				any provision of this chapter.
(2)
				The institution may solicit the views of youth prior to the adoption of an
				institution policy or procedure.
(3) Discipline may be imposed for violation
				of an institution policy or procedure only if at least one of the following
				apply:
(a) The policy or procedure was posted
				on an institution bulletin board or in an institution handbook and a youth had
				actual knowledge of the institution policy or procedure at the time of the
				violation.
(b) There is a violation
				of an institution policy or procedure in an institution handbook or other
				document that was received by a youth, in which case the youth is presumed to
				have knowledge of the policy or procedure in the absence of a preponderance of
				evidence to the contrary.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.66 - Conduct rule violations: possible dispositions

Current through June 24, 2024
The conduct rule violations described in ss.
				  DOC
				  373.14 to maybe 373.65 dealt with by staff only in the
				  following ways:
(1) If a conduct rule
				violation is a minor conduct rule violation, a conduct report may not be
				written, but a youth may be counseled and warned, consistent with s.
				DOC
				373.67 or disciplined summarily, consistent with s.
				DOC
				373.68.
(2) A major conduct rule violation shall be
				referred to the superintendent in writing by a conduct report under s.
				DOC
				373.69. Violations referred to the superintendent may
				be dealt with as follows:
(a) The
				superintendent may dismiss, alter or correct the conduct report consistent with
				s.
				DOC
				373.70.
(b) If the superintendent determines that a
				violation should be treated as a minor conduct rule violation, the
				superintendent shall refer the matter to appropriate staff to be disposed of in
				accordance with s.
				DOC
				373.68.
(c) If the violation is a major conduct rule
				violation, the superintendent shall refer the matter to a hearing officer to be
				disposed of in accordance with this subchapter.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.67 - Conditions under which youth who violate conduct rules are not disciplined

Current through June 24, 2024
(1) Staff may write conduct reports only for
				major conduct rule violations under s.
				DOC
				373.11(4) or violations of conduct
				rules which they believe are major conduct rule violations under s.
				DOC
				373.11(5). Under any of the following
				conditions, staff may inform a youth about conduct that violates a conduct
				rule, discuss that conduct and give a warning:
(a) The youth is unfamiliar with the conduct
				rule.
(b) The youth has not
				violated the same or a closely related rule recently, whether or not discipline
				was imposed.
(c) The youth is
				unlikely to repeat the conduct rule violation if warned and
				counseled.
(d) Although the youth
				technically violated a conduct rule, the purpose of this chapter would not be
				served by disciplining a youth in the particular situation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.68 - Summary disciplinary dispositions

Current through June 24, 2024
(1) A youth may be
				disciplined summarily for a minor conduct rule violation in accordance with
				this chapter. When a youth is disciplined summarily under this section, staff
				shall make an appropriate record.
(2) When staff who have the responsibility
				for supervising a youth believe that a penalty listed in sub. (3) is
				appropriate, staff shall do all of the following:
(a) Inform the youth of the nature of the
				alleged infraction and the potential disposition.
(b) Obtain the youth's version of the
				underlying facts.
(c) Make a
				finding as to whether the youth violated a conduct rule, communicate this
				finding to the youth and impose discipline consisting of one or more of the
				disciplinary actions under sub. (3).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.69 - Conduct reports

Current through June 24, 2024
(1) Staff who observe or discover a conduct
				rule violation shall investigate the matter to determine if a conduct rule
				violation occurred. If staff conclude that a major conduct rule violation has
				occurred, a conduct report shall be written. If more than one staff knows of
				the same violation, the superintendent shall designate the staff who shall
				write the conduct report.
(2) A
				conduct report may only be written for a major conduct rule
				violation.
(3) The conduct report
				shall describe the facts in detail, including information obtained from other
				staff. The report shall list all conduct rules that were allegedly violated,
				even if they overlap. All physical evidence and witnesses shall be mentioned in
				the report.
(4) There shall be at
				least one conduct report or record for each act that is alleged to be a major
				conduct rule violation under this chapter.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.70 - Review of conduct reports by the superintendent

Current through June 24, 2024
(1) The
				superintendent shall promptly review all conduct reports for technical adequacy
				and the appropriateness of the charges.
(2) The superintendent:
(a) Shall dismiss a conduct report if the
				superintendent believes that it should not have been written.
(b) Shall eliminate any conduct rule
				violation cited in the conduct report if the statement of facts does not
				establish that a violation was committed.
(c) May add any conduct rule violation to the
				conduct report if the statement of facts establishes that a violation was
				committed.
(d) Shall destroy the
				conduct report if no conduct rule violation was committed.
(e) May refer a conduct report for further
				investigation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.71 - Notice of alleged major conduct rule violation

Current through June 24, 2024
When a youth is alleged to have committed a major conduct
				  rule violation and the superintendent has reviewed and approved the conduct
				  report pursuant to s.
				  DOC
				  373.70, the following procedure shall be
				  followed:
(1) The superintendent shall
				give a copy of the approved conduct report to the youth within 7 days of
				placement in prehearing security.
(2) The superintendent shall inform the youth
				orally and in writing of the conduct rule which the youth is alleged to have
				violated.
(3) The superintendent
				shall inform the youth orally and in writing of the potential penalties which
				may be imposed.
(4) The
				superintendent shall also inform the youth orally and in writing of all of the
				following:
(a) That the youth has a right to
				a disciplinary hearing at which the youth may present oral, written,
				documentary and physical evidence, and evidence from voluntary eye
				witnesses.
(b) That the youth has a
				right to the assistance of a staff advocate, the right to ask questions of the
				witnesses, that repetitive, disrespectful and irrelevant questions may be
				forbidden and that the youth may appeal the finding and disposition of the
				hearing officer to the superintendent.
(c) That the youth may waive the right to a
				disciplinary hearing and to the other rights specified in this subsection and
				that a waiver is not an admission of guilt.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.72 - Procedure when the right to a disciplinary hearing is waived

Current through June 24, 2024
When a youth is alleged to have committed a major conduct
				  rule violation, the superintendent has reviewed and approved the conduct report
				  under s.
				  DOC
				  373.70 and the youth has waived the right to a
				  disciplinary hearing under s.
				  DOC
				  373.71(5), the following procedure
				  shall be followed:
(1) The youth shall
				appear before a hearing officer not less than 24 hours nor more than 7 days
				after the date the approved conduct report is given to the youth.
(a) The youth may request more time for
				preparation or a waiver of time limits. Unless there are good reasons for not
				granting more time or a waiver of time limits, a reasonable amount of
				additional time or a waiver of time limits shall be granted.
(b) Time limits may be exceeded due to the
				absence or unavailability of the youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.73 - Procedure for disciplinary hearings

Current through June 24, 2024
(1) The
				disciplinary hearing for a youth alleged to have committed a major conduct rule
				violation shall be held in accordance with this chapter.
(a) At the disciplinary hearing, the conduct
				report shall be read aloud and all witnesses for or against the accused,
				including the accused and the staff who wrote the conduct report, shall have a
				chance to speak.
(b) The hearing
				officer shall permit the youth or the youth's advocate to question each of the
				witnesses. The hearing officer may permit or require the youth or the youth's
				advocate to submit questions to the hearing officer to be asked of a witness.
				The hearing officer may forbid repetitive, disrespectful or irrelevant
				questions.
(c) The hearing officer
				may require that physical evidence, if any exists, be offered.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.74 - Disciplinary hearing: advocates

Current through June 24, 2024
(1) A
				superintendent shall designate staff to serve as advocates for youth at
				disciplinary hearings. Preference shall be given to staff who volunteer. Staff
				may be selected by an accused youth, subject to staff's consent and
				availability. Staff involved in the incident or in writing the report used in
				the disciplinary hearing process may not act as the youth's advocate.
(2) Before the disciplinary hearing, the
				advocate shall help the youth understand the charges and help in the
				preparation and presentation of any defense, including gathering evidence and
				witness testimony and preparing the youth's own statement. The advocate may
				speak on behalf of the youth at the disciplinary hearing or may help the youth
				state a defense. After the disciplinary hearing, the advocate shall discuss the
				case with the youth, ensure that the youth understands what happened at the
				disciplinary hearing and answer any questions.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.75 - Disciplinary hearing: location

Current through June 24, 2024
The disciplinary hearing shall take place at the institution
				  where the alleged conduct occurred or at the institution to which the youth has
				  been transferred.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.76 - Disciplinary hearing: witnesses and notice

Current through June 24, 2024
(1) A youth may
				request that witnesses be called. The youth shall make the request to the
				youth's advocate who shall deliver it to the hearing officer. Except for good
				cause, a youth may present no more than 2 witnesses. If a youth has chosen not
				to have an advocate, the request shall be sent to the superintendent. Except
				for good cause, a request shall be made within 2 days after the youth is served
				notice as provided in s.
				DOC
				373.71.
(2) After a request for witnesses has been
				received, the hearing officer shall review the request and determine witness
				availability as provided in sub. (3).
(3) A witness requested by the accused shall
				attend the disciplinary hearing unless one or more of the following apply:
(a) There is a significant risk of bodily or
				psychological harm to the witness if he or she testifies as determined by the
				hearing officer.
(b) The witness is
				a youth who does not want to testify.
(c) The witness is not a youth or
				staff.
(d) The witness is a youth
				who is unavailable due to hospitalization, illness, transfer, release or is
				otherwise unable to attend, or staff who is unavailable due to injury, illness,
				vacation or because he or she is no longer employed at that location, or is on
				extended leave.
(e) The testimony
				is irrelevant to the question of guilt or innocence of the youth or to the
				disposition.
(f) The testimony
				merely duplicates other evidence and would unduly prolong the
				hearing.
(g) The witness is a
				member of the staff who is on a shift other than the shift on which the hearing
				is held.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.77 - Disciplinary hearing: hearing officers

Current through June 24, 2024
(1) The
				superintendent shall designate staff to serve as hearing officers who make
				decisions in disciplinary hearings.
(2) The superintendent may designate 2 or 3
				hearing officers to function as a hearing committee assigned to fulfill the
				role of a single hearing officer in a disciplinary hearing. If a hearing
				committee is designated to conduct the disciplinary hearing, a decision shall
				be rendered as follows:
(a) A decision by a
				committee of 3 requires the concurrence of a majority of members of the
				committee.
(b) A decision by a
				committee of 2 must be unanimous. If a unanimous decision cannot be reached,
				the matter shall be referred to the superintendent for decision.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.78 - Disciplinary hearing: evidence

Current through June 24, 2024
(1) During a
				disciplinary hearing, the hearing officer shall consider any relevant evidence,
				whether or not it would be admissible in a court of law and whether or not any
				violation of this chapter occurred in the process of gathering the evidence,
				unless any of the following applies:
(a) The
				evidence is not reliable.
(b) The
				evidence duplicates evidence already received at the disciplinary
				hearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.79 - Recordkeeping

Current through June 24, 2024
(1) A record of a conduct rule violation may
				be included in a youth's permanent record only if the youth was found guilty by
				summary disciplinary procedure, as provided in s.
				DOC
				373.68 or by a hearing officer under this
				chapter.
(2) Following an appeal in
				which the finding of guilty is reversed, all records of the conduct rule
				violation shall be removed from the youth's records.
(3) No record of an alleged violation of the
				conduct rules which has been dismissed or for which the youth was found not
				guilty, may be maintained in any official record or considered in making
				program or release decisions. Information concerning the alleged violation may
				be retained for statistical or administrative purposes only, but without
				personal identifiers.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.80 - Dispositional alternatives for major conduct rule violations

Current through June 24, 2024
(1) If a youth's
				guilt is not established by a preponderance of the evidence, the hearing
				officer shall dismiss the case.
(2)
				If a youth's conduct, as proven, is not sufficient to warrant a major penalty,
				the hearing officer may order a disposition under s.
				DOC
				373.68.
(3) If the hearing officer finds that a youth
				committed a major conduct rule violation, the hearing officer shall consider
				any extenuating or mitigating circumstances in determining the appropriate
				major penalty disposition, which may include any of the following:
(a) First major conduct rule violation within
				60 days: not to exceed close confinement for 3 days and modified confinement
				for an additional 40 days.
(b)
				Second major conduct rule violation within 60 days: not to exceed close
				confinement for 4 days and modified confinement for an additional 50
				days.
(c) Third and each subsequent
				major conduct rule violation within 60 days: not to exceed close confinement
				for 6 days and modified confinement for an additional 60 days.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.81 - Discipline: review by superintendent

Current through June 24, 2024
(1) A youth who has
				received summary discipline or a major penalty may appeal the decision to the
				superintendent within 7 days of the day the youth was notified of the decision.
				A youth who has difficulty preparing a written appeal shall be assisted by
				staff when requested to do so by the youth.
(2) The superintendent shall issue a final
				decision on the appeal within 7 days of receipt of the appeal. Failure to issue
				a final decision upholds the decision to discipline.
(3) The superintendent may do any of the
				following:
(a) Affirm both the finding of
				guilt and the discipline imposed.
(b) Affirm the finding of guilt, but reduce
				the discipline.
(c) Reverse the
				finding of guilt.
(d) Remand for
				reconsideration or rehearing, if there was a finding of guilt.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.82 - Basic services and privileges for youth serving a major penalty

Current through June 24, 2024
(1) All of the
				following are the minimum services and privileges for a youth serving a major
				penalty, unless suspended under sub. (2), because the youth is out of control:
(a) Underwear, socks, outer clothing or, when
				warranted, clothing which will assist in the prevention of self-harm.
(b) Appropriate bedding supplies.
(c) Toothbrush, toothpaste and comb or
				pick.
(d) Washcloth, towel, soap
				and shower.
(e) Full meals at
				regularly scheduled times.
(f)
				Reading and writing materials.
(g)
				Daily exercise or recreation, to take place outside of room or cell.
(h) Reasonable social worker contact and
				discussion, if requested by the youth.
(i) Daily counselor contact.
(j) Daily opportunity to clean room or
				cell.
(k) Crisis intervention
				worker or other appropriate staff contacts and discussion.
(L) Daily, except Saturday, Sunday and legal
				holidays, teacher contact. The youth shall be offered at least 3 hours of
				educational work a day. Youth with exceptional educational needs shall be
				offered instruction in accordance with law.
(m) Health care.
(n) Pastoral care services, if requested by
				the youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.83 - Referral for prosecution

Current through June 24, 2024
(1) The
				superintendent of each institution shall develop, in conjunction with local law
				enforcement authorities, a policy regarding conduct rule violations to be
				considered for referral for prosecution.
(2) When a conduct rule violation which is
				also a crime is alleged, the superintendent shall review the incident in light
				of the policy to determine if the case should be referred for prosecution and
				if necessary, shall order an investigation to determine if sufficient evidence
				exists for referral.
(3) Whether or
				not the review described in sub. (2) results in prosecution, the incident may
				be handled as a conduct rule violation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities › Subchapter X - Disposition of Conduct Rule Violations › Section DOC 373.84 - Harmless error

Current through June 24, 2024
If a procedural requirement under this chapter is not adhered
				  to by staff, the error may be deemed harmless and disregarded if it does not
				  prejudice a fair proceeding involving a youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2),
				301.03
				and
				938.48(16),
				Stats., to provide for the administrative confinement in a secure setting of a
				youth in a type 1 secured correctional facility when the youth's presence in
				the general population poses a serious threat to life, property, self, staff,
				or other youth, or to the security or orderly operation of the institution.
				Youth misconduct shall be handled under ch. DOC 373.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "ACRC" means the administrative confinement review committee appointed by the
			 superintendent, consisting of 3 members, one of whom shall be from security,
			 one from the youth's treatment team and one of whom who shall be a supervisor
			 who will serve as the committee chair.
(2) "Administrative confinement" means an
			 involuntary nonpunitive status for the confinement of a youth because the
			 youth's behavior presents a danger to self or others, or poses a serious risk
			 to institution security, including but not limited to, escape risk or
			 disturbance.
(3) "Administrator"
			 means the administrator of the department's division of juvenile corrections or
			 that person's designee.
(4) "Close
			 confinement" means restriction of a youth to the youth's assigned room with a
			 minimum of one hour of out-of-room time per day.
(5) "Department" means the department of
			 corrections.
(6) "Disturbance"
			 means a serious disruption to institution order or security by 2 or more
			 youth.
(7) "Hearing record" means
			 the exhibits presented at hearing, a summary of witness statements and the
			 views of each ACRC member.
(8)
			 "Institution" means a type 1 secured correctional facility.
(9) "Modified confinement" means restriction
			 of a youth to the youth's assigned room with a minimum of 4 hours of
			 out-of-room time per day.
(10)
			 "Staff" means an employee of the institution where the youth is
			 housed.
(11) "Superintendent" means
			 the superintendent of a type 1 secured correctional facility or the
			 superintendent's designee.
(12)
			 "Type 1 secured correctional facility" has the meaning given in s.
			 938.02(19),
			 Stats.
(13) "Youth" means a person
			 or persons under the supervision of the department in an institution consistent
			 with the requirements of law and regardless of age.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.04 - Criteria

Current through June 24, 2024
A superintendent may place a youth in administrative
				confinement if the superintendent reasonably believes that any of the following
				is true:
(1) The youth presents a
			 significant risk of harm to self, another person or institution security as
			 evidenced by a behavior or a history of homicidal, assaultive or other violent
			 behavior or by an attempt or threat to cause harm, including prior to and after
			 institution placement.
(2) The
			 youth's presence in the general population poses a significant risk of
			 escape.
(3) The youth's continued
			 presence in general population poses a significant risk of a
			 disturbance.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.05 - ACRC hearing

Current through June 24, 2024
(1) When a superintendent places a youth in
			 administrative confinement, the ACRC shall conduct a hearing within the time
			 limits in sub. (3) to determine if a youth has been properly placed in
			 administrative confinement under s.
			 DOC
			 374.04.
(2) The superintendent shall give a youth
			 written notice of the hearing to be conducted by the ACRC within 24 hours of
			 placement in administrative confinement. The notice shall include:
(a) The reason that administrative
			 confinement is considered necessary.
(b) The evidence to be considered at the
			 hearing, which may include documents which have been amended to conceal the
			 identity of persons whose disclosure would threaten personal safety or
			 institution security.
(c) The
			 sources of information relied upon, unless the disclosure would threaten
			 personal safety or institution security.
(d) An explanation of the possible
			 consequences of any decision.
(e)
			 An explanation of the youth's rights at the hearing under sub. (4), including
			 the right to an advocate, the procedure for requesting an advocate and the role
			 of the advocate at the hearing.
(f)
			 The date, time and place of the hearing and an order directing the youth to
			 appear at the hearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.06 - ACRC hearing: advocates

Current through June 24, 2024
(1) A
			 superintendent shall designate staff to serve as advocates for youth at ACRC
			 hearings. Preference shall be given to staff who volunteer. A youth may select
			 an advocate, subject to the individual's consent and availability. Staff
			 involved in the decision to place a youth in administrative confinement may not
			 act as the youth's advocate.
(2)
			 Before the ACRC hearing, the advocate shall help the youth understand the
			 issues and help in the preparation and presentation of any defense, including
			 gathering evidence and witness testimony and preparing the youth's own
			 statement. The advocate may speak on behalf of the youth at the ACRC hearing or
			 may help the youth state a defense. After the ACRC hearing, the advocate shall
			 discuss the issues with the youth, ensure that the youth understands what
			 happened at the ACRC hearing and answer any questions.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.07 - ACRC hearing decision and youth appeal

Current through June 24, 2024
(1) The ACRC shall
			 do all of the following after the hearing under s.
			 DOC
			 374.05 is completed:
(a) Deliberate in private considering only
			 the youth's institution records and the evidence presented at the hearing that
			 supports or refutes the need for administrative confinement.
(b) Issue a written decision by majority vote
			 within 3 days after the hearing that does one of the following:
1. States that the evidence and the youth's
			 institution records support the need for administrative confinement. The
			 decision shall state the period of time the youth shall remain in confinement
			 and may provide the conditions that must be met before the youth can be
			 released from administrative confinement.
2. States that the evidence and the youth's
			 institution records do not support the need for administrative confinement, in
			 which case the ACRC shall issue a written order that requires the immediate
			 release of the youth from administrative confinement.
(c) Provide the youth with a copy of the
			 decision and a copy of the summary of the hearing record, except portions
			 regarding the identities of sources of information or containing statements or
			 evidence that could, upon disclosure, threaten personal safety or institution
			 security.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.08 - Reviews by the ACRC and superintendent

Current through June 24, 2024
(1) The ACRC shall
			 review the need for administrative confinement at least every 7 days after the
			 issuance of the hearing decision under s.
			 DOC
			 374.07. The ACRC may release a youth from
			 administrative confinement or continue administrative confinement consistent
			 with the decision under s.
			 DOC
			 374.07. An ACRC decision to continue confinement under
			 this subsection shall be submitted in writing to the superintendent and the
			 youth.
(2) A superintendent may
			 review a decision of the ACRC at any time, whether or not there has been an
			 appeal by a youth, and may remand the decision to the ACRC for reconsideration
			 or terminate the administrative confinement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.09 - Appeals by youth of ACRC review decisions

Current through June 24, 2024
(1) The youth may
			 submit a written appeal of an ACRC review decision, under s.
			 DOC
			 374.08(2), to the superintendent
			 within 5 days of receipt of the ACRC decision under this section. If the youth
			 has difficulty writing the appeal, the advocate or other staff not involved in
			 the decision to place the youth in administrative confinement shall assist the
			 youth to write the appeal.
(2) The
			 superintendent shall review the appeal and affirm, reverse, or remand the
			 decision within 7 days of receipt of the appeal. The superintendent shall issue
			 a decision in writing, including the reasons for the decision, and send it to
			 the ACRC and the youth. Failure to issue a decision affirms the ACRC
			 decision.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 374 - Administrative confinement in Type 1 secured correctional institutions › Section DOC 374.10 - Living conditions

Current through June 24, 2024
While in administrative confinement, a youth:
(1) Shall reside alone in a locked room. The
			 locked room may be in a segregated building or area. A youth may be placed in
			 close confinement or modified confinement. While outside of the assigned room,
			 the youth shall be directly supervised by one or more staff.
(2) Shall be given the opportunity to
			 participate in any program that is consistent with the services offered in the
			 area in which the youth is confined, may participate in limited exercise and
			 therapy and may keep in the assigned room any legal, educational, religious or
			 other reading material, consistent with safety and security.
(3) Shall be allowed to have any property in
			 the assigned room that is consistent with s.
			 DOC
			 373.82.
(4) Shall be permitted visitation in
			 accordance with s.
			 DOC
			 379.07.
(5) Shall be permitted to receive and send
			 mail in accordance with s.
			 DOC
			 379.04.
(6) Shall be permitted to shower at least 3
			 times every 7 days. When possible, the institution shall permit daily
			 showers.
(7) Shall be provided
			 religious, social, and other services that are consistent with the services
			 offered in the area in which the youth is confined.
(8) May be awarded canteen privileges in
			 accordance with s.
			 DOC
			 379.20(9).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2),
				938.48(16)
				and
				938.505(1),
				Stats., to establish standards and procedures for the involuntary non-punitive,
				temporary confinement of a youth to ensure the youth's safety and the safety of
				others if the youth is mentally ill and dangerous, is experiencing acute mental
				distress or has a medical problem that requires separation for
				treatment.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Acute mental distress" means a condition in which a youth's emotional, social
			 or behavioral functioning is significantly impaired and the impairment may
			 result in physical harm to the youth or others.
(2) "Administrator" means the administrator
			 of the division or that person's designee.
(3) "Advanced practice nurse prescriber"
			 means an advanced practice nurse as defined in ch. 441, Stats., and ch. N 8 who
			 has been certified to prescribe medication.
(4) "Dangerous" means a youth presents a
			 substantial probability of physical harm to self or to other persons as
			 manifested by any of the following:
(a) Recent
			 homicidal or other violent behavior.
(b) The reasonable fear of others of violent
			 behavior and serious physical harm, because of a recent overt act or an attempt
			 or threat to cause serious physical harm.
(c) Serious self-destructive behavior or a
			 threat of that behavior.
(d) The
			 inability to cope with life in the institution to the degree that the youth or
			 others are endangered.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.04 - Observation

Current through June 24, 2024
(1) CRITERIA. Observation is an involuntary
			 non-punitive status used for the temporary confinement of a youth to ensure the
			 individual's safety and the safety of others. A youth may be placed in
			 observation if any of the persons listed in sub. (2) (b) have reasonable cause
			 to believe that one or more of the following are true:
(a) The youth is mentally ill and dangerous
			 to self or others.
(b) The youth is
			 exhibiting symptoms of acute mental distress.
(c) The youth has a communicable disease,
			 infection or other medical problem that requires separation from the
			 institution population for treatment by a physician.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.05 - Limits on time in observation

Current through June 24, 2024
(1) A youth placed
			 in observation under s.
			 DOC
			 375.04(1) (a) may not remain in
			 observation longer than 14 days unless notice of review of the youth's status
			 under s.
			 DOC
			 375.06(2) has been served, the
			 superintendent has approved a voluntary or involuntary transfer under s.
			 DOC
			 375.04(3) (b) or (c) and legal
			 proceedings under ch. 51, Stats., have been initiated. The superintendent shall
			 promptly inform the administrator if a youth is kept in observation beyond 14
			 days and the administrator shall review the need for observation at least every
			 7 days after the youth has been in observation for 14 days.
(2) A youth placed in observation under s.
			 DOC
			 375.04(1) (b) may not remain in
			 observation for longer than 14 days.
(3) A youth placed in observation under s.
			 DOC
			 375.04(1) (c) may remain in
			 observation for a reasonable period of time for diagnosis and, if necessary,
			 treatment until the disease or condition is in remission or the youth has
			 passed the communicable stage of the disease or infection.
(4) When a youth is placed in observation,
			 the superintendent shall give the youth written notice of this section and s.
			 DOC
			 375.10.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.06 - Review of need for continued observation

Current through June 24, 2024
(1) If a physician
			 or psychologist determines that observation of a youth under s.
			 DOC
			 375.04(1) (a) must continue beyond 14
			 days and the superintendent has initiated transfer proceedings under s.
			 DOC
			 375.04(3) (b) or (c), a psychologist
			 or physician, other than the person who made the original placement, shall
			 review the need for continued confinement of the youth following notice under
			 sub. (2).
(2) The psychologist or
			 physician who conducts the review under sub. (1) shall serve written notice of
			 the review on the youth within 14 days after the youth is first placed in
			 observation. Notice shall include:
(a) The
			 allegation of the youth's mental illness and dangerousness.
(b) The standards used to determine mental
			 illness and dangerousness.
(c) The
			 evidence to be considered at the review.
(d) The sources of information relied upon,
			 unless such disclosure would threaten personal safety or institution security.
			 If information is not disclosed, the notice shall state that information is not
			 being disclosed and the reason it has not being disclosed.
(e) An explanation of the possible
			 consequences of the review.
(f) An
			 explanation of the youth's rights at the review which include all of the
			 following:
1. The right to be
			 present.
2. The right to deny the
			 allegation.
3. The right to an
			 advocate in accordance with s.
			 DOC
			 373.74 and the right to present or have the advocate
			 present information obtained from witnesses.
4. The right to present documentary
			 evidence.
5. The right to question
			 witnesses.
6. The right to receive
			 a written decision, stating the reasons based upon the evidence.
7. The right to appeal the finding in
			 accordance with s.
			 DOC
			 375.10.
8.
			 The date, time and place of the review and an order that the youth appear at
			 the review.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.07 - Conditions of observation

Current through June 24, 2024
(1) Staff shall
			 confine a youth in observation status in a room appropriate to meet the
			 purposes of this chapter. The youth may have access to common areas if behavior
			 permits such access. The youth shall be entitled to the same privileges and
			 property as youth in the general population, unless any of the following apply:
(a) The person who placed the youth in
			 observation under s.
			 DOC
			 375.04(2) or the supervisor on the
			 observation unit where the youth is placed reasonably believes that the
			 privileges or property may be used by the youth or another youth in observation
			 to harm self or another person.
(b)
			 The property is not permitted, because of the security needs of the observation
			 unit.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.08 - Supervision

Current through June 24, 2024
(1) Staff shall have unimpeded access to
			 youth placed in observation under s.
			 DOC
			 375.04(1) (a) or (b), shall observe
			 the youth at least once every 15 minutes and shall accompany the youth at all
			 times while the youth is out of his or her room.
(2) Staff shall use the most appropriate
			 setting to achieve the objectives of this chapter and to treat youth in
			 observation. Staff shall make a reasonable effort to interact with youth
			 throughout each day.
(3) The shift
			 supervisor shall promptly inform a health services professional, psychologist
			 or crisis intervention worker of any suicide attempt or other self-harm that
			 occurred prior to or during placement in observation. Staff shall promptly
			 report all placements into and transfers from observation and any suicide
			 attempts prior to or during placement in observation to the
			 superintendent.
(4) A psychologist
			 or health services professional shall provide appropriate treatment and
			 document the youth's progress in treatment while the youth is in observation.
			 The psychologist or health services professional shall document in the youth's
			 file specific descriptions of incidents that may relate to the youth's mental
			 illness, dangerousness, mental distress or physical condition.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.09 - Removal from observation

Current through June 24, 2024
A youth shall be returned to previous status and assignment or
				shall be reassigned by the institution programming authority after removal from
				observation, with particular attention given, as appropriate, to the special
				needs which required placement in observation status. A youth may be returned
				to observation consistent with this chapter.