reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.06 - Complaint resolution procedure

Current through June 24, 2024
(1) INFORMAL
			 RESOLUTION. The complaint mediator shall conduct all of the following
			 procedures:
(a) Upon receipt of a complaint,
			 the complaint mediator shall attempt to informally resolve the issues raised by
			 the complainant.
(b) If a complaint
			 is resolved informally, the complaint mediator shall reduce the outcome to
			 writing, using the appropriate informal complaint resolution form, and shall
			 provide a concise statement of the complaint and the resolution. The youth
			 shall sign the informal complaint resolution form to acknowledge his or her
			 agreement with the resolution of the complaint.
(c) The superintendent shall review the
			 informal complaint resolution form signed by the youth under par. (b) and
			 approve the informal resolution or require a formal resolution under sub.
			 (2).
(d) Informal mediation shall
			 be completed in 5 days from the receipt of the complaint, unless waived in
			 writing by the complainant.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.07 - Decision and appeal procedure

Current through June 24, 2024
(1)
			 SUPERINTENDENT'S DECISION. Within 7 days of receipt of the complaint mediator's
			 report or receipt of a direct complaint, the superintendent shall issue a
			 written decision and provide a copy to each complainant. The decision shall
			 state the issue, the facts upon which the decision is based, the decision, the
			 reasons for the decision and the notice required by sub. (4). If no decision is
			 issued within 7 days, the recommendation of the complaint mediator is affirmed.
			 If the youth filed complaint directly with the superintendent, a written
			 [decision] must be issued.
(2)
			 SUPERINTENDENT'S OPTIONS. If the superintendent affirms a complaint under s.
			 DOC
			 380.02(2) challenging the procedure
			 used by a hearing officer under ss.
			 DOC
			 373.72,
			 373.73 and
			 373.76 to
			 373.78, the superintendent may do one
			 of the following:
(a) Affirm the hearing
			 officer's decision if the error in procedure did not deny the youth a fair
			 hearing.
(b) Affirm the hearing
			 officer's decision, but reduce the discipline.
(c) Reverse the hearing officer's decision
			 and remove all records of the decision from the youth's files. A record of the
			 decision may be kept for statistical purposes only.
(d) Remand the case to the hearing officer
			 for further consideration.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.08 - Confidentiality

Current through June 24, 2024
(1)
(a)
			 Staff shall keep the identity of the complainant and the subject matter of the
			 complaint confidential, except to the extent that discussion with others is
			 necessary for investigation. Any staff with whom a complaint is discussed shall
			 maintain confidentiality.
(b) A
			 complainant may publicize any aspect of a complaint at any time.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.09 - Retaliation prohibited

Current through June 24, 2024
(1) Neither staff nor a youth may retaliate
			 against a youth for filing a complaint.
(2) A youth may send a complaint, using a
			 complaint form, alleging retaliation directly to the superintendent, who shall
			 issue a written decision within 7 days. A copy of the decision, stating
			 information required in s.
			 DOC
			 380.07(1) shall be given to the
			 complainant.
(3) A complainant may
			 appeal the decision of the superintendent under sub. (2), or a failure of the
			 superintendent to issue a timely decision, in writing using the appeal of
			 complaint decision form, to the administrator within 7 days of receipt of the
			 appeal. If the administrator does not issue a written decision within 7 days of
			 receipt of the appeal, the decision of the superintendent is
			 affirmed.
(4) Disciplinary action
			 may be taken against a youth under s.
			 DOC
			 373.32 for knowingly filing a false
			 complaint.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.10 - Report required

Current through June 24, 2024
An institution shall submit an annual report to the
				administrator concerning the quantity, type and disposition of complaints. To
				be in compliance with Title VI of the Civil Rights Act (42 C.R.R. 2000d), the
				report must include the number of complaints filed per month by minority youth;
				and the number of complaints alleging discrimination on the basis of race, sex,
				religion or age initiated against individual staff persons and the
				dispositions.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 381 - Furloughs, Offgrounds Leave And Trial Visits For Youth In Type 1 Secured Correctional Facilities › Section DOC 381.01 - Authority

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2),
				301.03(10)
				and
				938.48(16),
				Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 381 - Furloughs, Offgrounds Leave And Trial Visits For Youth In Type 1 Secured Correctional Facilities › Section DOC 381.02 - Applicability

Current through June 24, 2024
This chapter applies to the department and all youth who are
				under its supervision in a type 1 secured correctional facility consistent with
				the requirements of law.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 381 - Furloughs, Offgrounds Leave And Trial Visits For Youth In Type 1 Secured Correctional Facilities › Section DOC 381.03 - Definitions

Current through June 24, 2024
(1) "Administrator" means the administrator
			 of the division of juvenile corrections or that person's designee.
(2) "Alternate care placement" means the
			 placement of a youth in an alternate placement, including placement in a child
			 caring institution, group home, foster home or treatment foster home.
(3) "Close family member" means the youth's
			 natural, adoptive, step or foster parents, spouse, children, grandparents or
			 siblings. A parent surrogate is within the definition of parent if it can be
			 substantiated that a claimed surrogate did in fact act as a parent to the youth
			 although the parent surrogate was not an adoptive, foster or
			 stepparent.
(4) "Department" means
			 the department of corrections.
(5)
			 "Escorted" means accompanied by one or more staff.
(6) "Furlough" means an approved, supervised
			 leave for a youth from an institution, not exceeding 7 days.
(7) "Institution" means a type 1 secured
			 correctional facility within the meaning of s.
			 938.02(19),
			 Stats.
(8) "OJOR" means the
			 department's office of juvenile offender review.
(9) "Offgrounds leave" means an approved
			 escorted or supervised leave for a youth from an institution, not exceeding 24
			 hours.
(10) "Staff" means an
			 employee of the department.
(11)
			 "Superintendent" means the superintendent of an institution or that person's
			 designee.
(12) "Supervision" means
			 close and continuous oversight and physical control of a youth with the
			 responsibility to notify department staff if the youth does not comply with
			 department conditions of the furlough, offgrounds leave leave or trial
			 visit.
(13) "Trial visit" means an
			 approved leave for a youth from an institution in a trial placement, not
			 exceeding 30 days.
(14) "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 381 - Furloughs, Offgrounds Leave And Trial Visits For Youth In Type 1 Secured Correctional Facilities › Section DOC 381.04 - Purpose

Current through June 24, 2024
(1) Furlough, offgrounds leave, and trial
			 visit programs are intended to promote the treatment and program needs and
			 community reintegration of youth by permitting qualified youth to experience an
			 authorized absence from an institution.
(2) A furlough or offgrounds leave may be
			 granted for any of the following purposes:
(a) To attend the funeral of a close family
			 member.
(b) To visit a terminally
			 ill close family member.
(c) To
			 respond to a request from law enforcement officials or to make a court
			 appearance.
(d) To attend
			 educational, social, therapeutic, athletic or recreational events.
(e) To participate in a structured work
			 program.
(f) To be interviewed by a
			 prospective employer or educational official who requests the interview to
			 determine an appropriate work release or study release placement.
(g) For medical purposes.
(h) To participate in activities deemed
			 appropriate by the superintendent.
(i) To participate in community and family
			 reintegration.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 381 - Furloughs, Offgrounds Leave And Trial Visits For Youth In Type 1 Secured Correctional Facilities › Section DOC 381.05 - Furlough and offgrounds leave

Current through June 24, 2024
(1)
(a) A youth may submit a written request for
			 a furlough or offgrounds leave to the superintendent who may authorize the
			 absence from the institution under s.
			 DOC
			 381.04(2).
(b) The superintendent shall identify the
			 persons who will provide supervision of the youth and shall provide the
			 aftercare agent with the information referred to in sub. (5).
(c) The institution social worker shall
			 provide appropriate victim and witness notification.
Note:
It is the intent of the department that
				other staff may provide notification.
(d) The superintendent may impose any
			 conditions of conduct or other conditions on a furlough or offgrounds
			 leave.
(e) The superintendent shall
			 provide a copy of a decision to grant or deny a furlough or offgrounds leave to
			 the youth prior to the proposed furlough or offgrounds leave. The decision
			 shall state the reasons for a denial.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 381 - Furloughs, Offgrounds Leave And Trial Visits For Youth In Type 1 Secured Correctional Facilities › Section DOC 381.06 - Trial visit

Current through June 24, 2024
(1) OJOR may authorize a trial visit and
			 shall impose conditions for the trial visit.
(2) OJOR shall provide appropriate victim and
			 witness notification if requested.
(3) A youth is under the supervision of the
			 department while on a trial visit and is subject to discipline under ch. DOC
			 373 for violation of any conditions of conduct or other conditions which OJOR
			 imposed on a trial visit.
(4) A
			 youth who intentionally fails to return or who intentionally leaves the area
			 designated as the limits of confinement under sub. (1) may be treated as an
			 escapee under s.
			 946.42(3)
			 (c), Stats.
(5) The administrator may cancel a trial
			 visit at any time. A copy of the decision to cancel, together with the reasons
			 for the cancellation shall be provided to the youth.
(6) At the end of the trial visit, OJOR may
			 approve the placement, require a different placement, or release the youth to
			 aftercare under s.
			 DOC
			 371.15.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 383 - Use of psychotropic medication › Section DOC 383.01 - Authority and purpose

Current through June 24, 2024
This chapter interprets s.
				938.505(2),
				Stats., and is promulgated under the authority of ss.
				227.11(2),
				301.03
				and
				938.48(16),
				Stats. This chapter provides guidance to institution staff concerning the
				administration of psychotropic medications. Involuntary treatment, as described
				in this chapter, is considered by the department to be a treatment of last
				resort.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 383 - Use of psychotropic medication › Section DOC 383.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Advanced practice nurse prescriber" (APNP) means an "advanced practice nurse"
			 who has been certified to prescribe drugs in Wisconsin as defined in s.
			 441.16(2),
			 Stats., and ch. N 8.
(2)
			 "Department" means the department of corrections.
(3) "Guardian" means the person named by the
			 court having the duty and authority of guardianship.
(4) "Institution" means a type 1 secured
			 correctional facility operated by the department.
(5) "Legal custody" has the meaning given in
			 s.
			 938.02(12),
			 Stats.
(6) "Nurse" means a
			 registered or licensed practical nurse as defined by ch. 441, Stats.
(7) "Parent" has the meaning given in s.
			 938.02(13),
			 Stats.
(8) "Pharmacological
			 therapeutic classification" means the classification of a psychotropic
			 medication as one of the following:
(a)
			 Anti-psychotic.
(b)
			 Anti-depressant.
(c) Agent for
			 control of mania and depression.
(d) Anti-anxiety agent.
(e) Sedatives or hypnotic.
(f) Psychomotor stimulant.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 383 - Use of psychotropic medication › Section DOC 383.04 - General standards for use of psychotropic medications

Current through June 24, 2024
(1) ORDER AND
			 PURPOSE. Psychotropic medications may be administered to youth only upon the
			 written order of a physician or APNP and only for an appropriate therapeutic
			 purpose, including alleviating psychiatric disorders or enhancing the coping
			 capacity of the youth. Medication may not be administered for the purpose of
			 punishing the youth, producing docility or as a substitute for counseling and
			 treatment.
(2) PRESCRIPTION. In
			 prescribing psychotropic medication, the physician or APNP shall do all of the
			 following:
(a) Review the youth's medical
			 history and appropriate physical and laboratory examinations before prescribing
			 medication, and document the behaviors, symptoms and diagnosis, if known, which
			 the medication is to treat or modify.
(b) Prescribe the lowest effective dose of a
			 clinically indicated medication.
(c) Use caution in prescribing drugs known to
			 produce psychological or physiological dependency, or to have significant
			 potential for abuse.
(d) Indicate
			 in the medical record a specific stop date.
(e) Specify limited amounts and limited
			 refills, if any, for prescriptions.
(f) Reduce or withdraw medication as soon as
			 clinically indicated.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 383 - Use of psychotropic medication › Section DOC 383.05 - Voluntary treatment with psychotropic medication

Current through June 24, 2024
Youth may be treated with psychotropic medications in an
				institution without being committed under ch. 51, Stats. Each institution shall
				ensure that treatment is voluntary by doing all of the following:
(1) The physician or APNP shall discuss the
			 following with the youth and the parent or guardian of a youth under 18 years
			 of age, or a legal guardian of an incompetent individual 18 years or older:
(a) The nature of the condition.
(b) The purposes, nature and dose of the
			 medication.
(c) The desired effects
			 of the medication.
(d) The risks
			 and side effects of the medication.
(e) Appropriate alternatives as
			 available.
(f) Prognosis without
			 medication.
Note: The discussion shall be with a youth aged 18 years or
				older pursuant to s.
				DOC
				383.04(4) (a) 3.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 383 - Use of psychotropic medication › Section DOC 383.06 - Involuntary treatment with psychotropic medication

Current through June 24, 2024
A youth may be treated involuntarily with psychotropic
				medications only under the following circumstances:
(1) In an emergency, after reasonable
			 interventions have proved unsuccessful, the attending licensed psychologist,
			 social worker or physician or APNP shall determine whether a recommendation for
			 an emergency transfer to a state treatment facility under s.
			 51.35(3)
			 (e), Stats., should be made to the
			 superintendent. Pending that determination, the attending physician or APNP may
			 order involuntary treatment with psychotropic medication. The youth may be
			 treated involuntarily with psychotropic medications pending an emergency
			 transfer, or for 72 hours, whichever is shorter. If an emergency transfer is
			 initiated, the attending physician or APNP may order continued involuntary
			 treatment with psychotropic medications pending completion of the transfer
			 proceedings. In this subsection, "emergency" means a situation in which either
			 of the following is true:
(a) The youth's
			 perception of reality appears to be severely impaired as a result of mental
			 illness.
(b) The youth appears to
			 pose an immediate danger to self or others, evidenced by a recent overt act or
			 attempt or threat to inflict serious bodily harm.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 392 - Drug Testing Of Youth On County Supervision, Type 2 Status Or Aftercare › Section DOC 392.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2)
				and
				938.34(6s),
				Stats., to provide rules for the regulation of drug testing programs operated
				by the department, or a county department which is providing supervision of
				delinquent youth who have been determined by the court to be in need of
				treatment for the use or abuse of controlled substances or controlled substance
				analogs.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 392 - Drug Testing Of Youth On County Supervision, Type 2 Status Or Aftercare › Section DOC 392.04 - Drug testing

Current through June 24, 2024
(1) DIGNITY OF YOUTH. A provider shall make a
			 reasonable effort to preserve the dignity of a youth in all searches and tests
			 conducted under this chapter.
(2)
			 TESTS REQUIRED BY COURT ORDER.
(a) A provider
			 shall require a youth under its supervision, who has been ordered to submit to
			 drug testing under s.
			 938.34(6s),
			 Stats., to receive scheduled, random and for cause drug tests when appropriate,
			 whether that youth is in a type 1 or type 2 secured correctional facility, a
			 type 2 child caring institution, another out of home placement in the community
			 or in the youth's own home. Drug tests shall be administered consistent with s.
			 DOC
			 392.05(1).
(b) Scheduled tests under this section may be
			 administered to a youth at regular intervals, which may be varied from time to
			 time, consistent with the prior pattern of drug or alcohol use by the youth and
			 with the progress of the youth in treatment.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 392 - Drug Testing Of Youth On County Supervision, Type 2 Status Or Aftercare › Section DOC 392.05 - Body contents search

Current through June 24, 2024
(1) Staff who are appropriately licensed or
			 certified, as provided in s.
			 DOC
			 376.13(1) (d), may conduct or
			 authorize a body contents search to collect a specimen required to conduct a
			 court ordered, scheduled, random or for cause drug test. A search shall be
			 conducted by qualified staff in accordance with s.
			 DOC
			 376.13(1) (d), except that cause is
			 not required if a court has ordered a body contents search.
(2) A supervisor may require that collection
			 of a urine specimen be observed by staff. Staff of the same gender as a youth
			 shall observe and collect the urine specimen.
(3) Blood and stool samples may only be
			 collected by a licensed physician, physician's assistant, registered nurse or
			 other person authorized by law.
(4)
			 X-rays shall only be conducted by licensed radiology personnel.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 392 - Drug Testing Of Youth On County Supervision, Type 2 Status Or Aftercare › Section DOC 392.06 - Test results

Current through June 24, 2024
(1) A provider may, consistent with state and
			 federal law, give drug test results to staff of the provider working with a
			 youth to assist in and promote the youth's treatment program.
(2) Drug test results shall not be provided
			 to staff without a need to know the drug test results to perform their
			 duties.
(3) A provider shall
			 require that staff administer discipline of a youth resulting from drug test
			 results in a reasonable and equitable manner.
(4) Contracts between the department or a
			 county department and a private agency which is authorized by the contract to
			 administer drug tests shall include the requirements of subs. (2) and
			 (3).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 392 - Drug Testing Of Youth On County Supervision, Type 2 Status Or Aftercare › Section DOC 392.07 - Payment for drug testing

Current through June 24, 2024
(1) A provider
			 shall pay for each drug test it administers or authorizes for a youth under its
			 supervision, whether the test is court ordered, scheduled, random or
			 administered for cause.
(2)
(a) A provider may, as part of the conduct
			 rules of aftercare or other community supervision, require a youth to reimburse
			 the provider for the cost of any for cause drug test which results in a
			 positive drug use finding.
(b) The
			 department or county department may bill the youth's parent(s) for the cost of
			 drug testing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2),
				301.025,
				938.357(5)
				(g) and
				938.48(16),
				Stats., to establish rules of conduct for youth who are on state or county
				supervised aftercare, including standards and procedures for dealing with
				violations of expected conduct and procedures to revoke a youth's aftercare
				status.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.02 - Applicability

Current through June 24, 2024
This chapter applies to the department, to a county department
				that operates an aftercare program, to any youth on aftercare under a court
				order issued pursuant to s.
				938.34,
				Stats., and to any youth on aftercare under a court order issued pursuant to s.
				48.34, 1993 Stats., or s.
				48.366,
				Stats., relating to extended jurisdiction.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.04 - Responsibilities of the aftercare provider

Current through June 24, 2024
The department or county department providing aftercare shall
				make reasonable efforts to ensure all of the following regarding a youth on
				aftercare:
(1) The youth is free from
			 discrimination based on race, national origin, color, creed, sex, age, sexual
			 orientation, marital status, political affiliation, disability, ethnicity,
			 religion, or ancestry.
(2) The
			 youth is protected from abuse or neglect.
(3) The youth is provided with accessible and
			 usable services, and any reasonable accommodations and services needed to
			 benefit from correctional programming.
(4) The youth is provided with an interpreter
			 if his or her ability to speak, understand, read or write English is
			 limited.
(5) The youth is placed in
			 the youth's parental home when this is consistent with correctional programming
			 and the protection of the public.
(6) The youth is involved in planning his or
			 her ongoing correctional program.
(7) The youth has appropriate access to the
			 courts and legal counsel.
(8) The
			 youth has access to appropriate department, county department and community
			 programs and services consistent with the protection of the public and the
			 youth's needs.
(9) The youth has
			 his or her educational, vocational, drug or alcohol abuse, health, mental
			 health and other programming needs met.
(10) The youth may visit, use the mail and
			 communicate with family members or an attorney within reasonable guidelines
			 established by the department or a county department.
(11) The youth may participate in authorized
			 recreational and religious activities.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.06 - Use of force

Current through June 24, 2024
(1) GENERAL. Whenever practical, staff shall
			 rely on law enforcement authorities when it is necessary to exercise force to
			 control a youth. When it is not practical, staff may use force to control the
			 youth in accordance with this section.
(2) CORPORAL PUNISHMENT. Staff may not impose
			 corporal punishment on a youth.
(3)
			 AMOUNT OF FORCE. Only reasonable and the minimum necessary force may be used to
			 achieve control of a youth. Staff may not use excessive force.
(4) NON-DEADLY FORCE.
(a) Staff may use non-deadly force to control
			 a youth only if the user of force reasonably believes its use is immediately
			 necessary to accomplish one of the following purposes:
1. To prevent an escape.
2. To prevent death or bodily injury to
			 oneself or another.
3. To prevent
			 unlawful damage to property.
4. To
			 change the location of a youth.
5.
			 To take a youth into custody or transport a youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.07 - Mechanical restraints

Current through June 24, 2024
(1) GENERAL. Staff may use mechanical
			 restraints to control the behavior of a youth or transport a youth in
			 accordance with this section.
(2)
			 REASONS FOR USING MECHANICAL RESTRAINTS. Mechanical restraints may be used for
			 any of the following purposes:
(a) To take a
			 youth into custody
(b) To transport
			 a youth
(c) To prevent death or
			 bodily injury to oneself or another
(d) To prevent unlawful damage to
			 property
(e) To change the physical
			 location of a youth
(f) To prevent
			 a youth from escaping
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.08 - Chemical agents and weapons

Current through June 24, 2024
(1) OLEORESIN OF
			 CAPSICUM. For the purpose of this section, "oleoresin of capsicum" means
			 oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin
			 contains the active ingredient capsaicin and related compounds classified as
			 capsaicinoids.
(2) USE OF OLEORESIN
			 OF CAPSICUM. Staff may carry or use oleoresin of capsicum, as permitted under
			 s.
			 941.26(4)
			 (a) and (c), Stats., while on duty and only
			 under all of the following conditions:
(a) If
			 approved by the department.
(b)
			 After successfully completing a department approved training program or, if
			 applicable, after successfully updating training according to department policy
			 and procedure.
(c) While acting in
			 self-defense or defense of a third person, as permitted under ss.
			 939.48
			 and
			 941.26(4)
			 (c) 1, Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.09 - Search and seizure

Current through June 24, 2024
(1) GENERAL. Staff may conduct a search of a
			 youth and a youth's living quarters or property at any time, subject to this
			 section. In this section:
(a) "Living
			 quarters" means a private bedroom, common familial or communal living areas and
			 areas under a youth's control or to which the youth has access, including, but
			 not limited to, the grounds and motor vehicles.
(b) "Property" means objects under a youth's
			 control, regardless of ownership.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.10 - Custody and transporting

Current through June 24, 2024
(1) GENERAL. Staff
			 may request that law enforcement authorities take a youth into custody and
			 transport the youth to a detention facility, a mental health or medical
			 facility or a type 1 secured correctional facility whenever practical. When
			 assistance is not available, staff may take a youth into custody and transport
			 the youth in accordance with this section.
(2) TRANSPORTING. When staff takes a youth
			 custody, the youth shall be transported as soon as practical.
(3) PERSONNEL. Staff shall transport a youth
			 in a secure manner to a secure facility and adequate staff shall supervise the
			 transport consistent with department policies and procedures.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.11 - Finding of violation

Current through June 24, 2024
A youth may be found to have violated a conduct rule or a
				court-ordered condition of aftercare under s.
				DOC
				393.05 if any of the following applies:
(1) The youth committed the conduct
			 prohibited by the conduct rule or court-ordered condition.
(2) The youth was convicted or was
			 adjudicated delinquent for violating a criminal law or municipal
			 ordinance.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.12 - Staff response to alleged violation

Current through June 24, 2024
(1) INVESTIGATION.
			 An agent who has reason to believe that a youth violated a conduct rule or
			 court-ordered condition of aftercare shall investigate the matter. The
			 investigation shall include an interview with the youth to discuss the alleged
			 violation within a reasonable period of time after the agent becomes aware of
			 the allegation.
(2) ACTION. If
			 following the investigation under sub. (1), the agent concludes that a youth
			 committed a violation, the agent shall take one of the following actions:
(a)
Counseling.
1. `Procedure.' If the violation is minor and
			 does not present a substantial or immediate risk to the community or the youth,
			 the agent may review the conduct rules and court-ordered conditions of
			 aftercare with the youth, inform the youth why the conduct is a violation and
			 direct the youth to take corrective action. Counseling may be the appropriate
			 course of action if any of the following apply:
a. The youth is unfamiliar with the conduct
			 rule or court-ordered condition.
b.
			 The youth has not previously violated the same or a closely related conduct
			 rule or court-ordered condition.
c.
			 The youth is unlikely to repeat the behavior if warned and counseled.
d. The youth's ability to understand the
			 conduct rules or court-ordered conditions is limited or impaired.
e. Summary disposition or revocation is not
			 appropriate.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.13 - Violation report

Current through June 24, 2024
(1) When a violation results in a summary
			 disposition, initiation of revocation proceedings or the youth is taken into
			 custody by law enforcement for a violation of a law, the assigned agent shall
			 prepare a written violation report. The violation report shall include all of
			 the following:
(a) A description of the
			 alleged misconduct, including any conflicting versions of the nature or
			 circumstances of the alleged violation.
(b) The alleged victim's statement or a
			 statement of the impact on the alleged victim.
(c) The youth's statement.
(d) A description of any alleged violations
			 of the law, any statement or confession to law enforcement, guilty plea,
			 pending charges, a prosecutor's recommended disposition or a conviction for the
			 conduct underlying the alleged aftercare violation, if known.
(e) A list of all conduct rules and
			 court-ordered conditions the youth allegedly violated.
(f) A description of the agent's
			 investigation and statement of the agent's conclusions.
(g) Information about the custody status of
			 the youth.
(h) Any recommendation
			 for revocation of aftercare and the reasons for the recommendation, or a
			 description of the specific summary disposition imposed under s.
			 DOC 393.12(2)
			 (b).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.14 - Preparation for revocation hearing

Current through June 24, 2024
(1) NOTICE. Prior
			 to a revocation hearing, the agent shall serve the youth with written notice of
			 the hearing. If the youth is being held on administrative detention under s.
			 DOC
			 393.12(4), the notice shall be served
			 no later than the 7th day after the day on which the youth was taken into
			 physical custody in Wisconsin. If the youth is not in physical custody, the
			 notice shall be served on the youth at least 14 days prior to the scheduled
			 revocation hearing. The agent shall also send a copy of the notice to the
			 hearing examiner's office and to the youth's attorney. The notice shall
			 include:
(a) A statement of the alleged
			 violation.
(b) A statement of the
			 conduct rule or court-ordered condition of aftercare that the youth allegedly
			 violated.
(c) A statement that a
			 revocation hearing has been scheduled under this section and an explanation of
			 the youth's rights at that hearing including:
1. The right to be present.
2. The right to be represented by an
			 attorney.
3. The right to deny the
			 allegation and to speak on his or her own behalf.
4. The right to present evidence.
5. The right to present witnesses and the
			 right to question witnesses.
6. The
			 right to receive a written decision stating the reasons for the decision based
			 upon the evidence and testimony presented.
(d) A statement of the evidence to be
			 considered at the hearing which may include:
1. Documents.
2. Physical evidence.
3. Results of a breathalyzer test.
4. Incriminating statements by the
			 youth.
5. All law enforcement
			 reports regarding the allegation.
6. All warrants issued relating to the
			 allegation.
7. Relevant
			 photographs.
(e) A
			 statement that the youth has the right to waive the revocation hearing in
			 accordance with sub. (3), in which case the administrator or the director of
			 the county department, shall decide whether to revoke the youth's
			 aftercare.
(f) A statement that
			 whatever relevant information or evidence is in the possession of the
			 department or county department is available for inspection, unless the hearing
			 examiner determines that the information or sources of information may be kept
			 confidential.
(g) The date, time
			 and place of the hearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.15 - Procedure for youth on state aftercare when hearing right is waived

Current through June 24, 2024
(1)
			 SUPERVISOR'S RECOMMENDATION. When a youth on state-provided aftercare waives
			 his or her right to a revocation hearing under s.
			 DOC
			 393.14(3), a supervisor may recommend
			 that the administrator revoke the youth's aftercare.
(2) RECORD. When a supervisor recommends
			 revocation under sub. (1), the supervisor shall forward the youth's revocation
			 notice and waiver, all documents required under s.
			 DOC
			 393.14(4) and the evidence referred
			 to in s.
			 DOC 393.14(1)
			 (d) 1., 3., 4. and 5. to the administrator
			 within 14 days after acceptance of the waiver, unless the administrator grants
			 an extension for cause.
(3)
			 ADMINISTRATOR'S DECISION.
(a) The
			 administrator after reviewing the documents and evidence under sub. (2) may
			 revoke the youth's aftercare. The administrator's written decision shall state
			 the reasons why the youth's aftercare was revoked or not revoked.
(b) The administrator shall forward a copy of
			 the decision to the youth, the youth's attorney, if any, and the youth's agent
			 within 14 days after the administrator receives the documents and evidence
			 under sub. (2).
(c) If the youth is
			 in custody at a type 1 secured correctional facility, the administrator shall
			 promptly forward a copy of the decision to the type 1 secured correctional
			 facility.
(d) If the youth was not
			 in custody during the revocation proceedings, the administrator shall direct
			 the youth be taken into custody and transferred to a type 1 secured
			 correctional facility.
(e) If the
			 youth's aftercare is not revoked, the administrator shall remand the youth's
			 case to the youth's agent and the agent's supervisor for alternative planning
			 and placement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.16 - Procedure for youth on county aftercare when hearing right is waived

Current through June 24, 2024
(1) SUPERVISOR'S RECOMMENDATION. When a youth
			 on county-provided aftercare waives the revocation hearing under s.
			 DOC
			 393.14(3), the county agent's
			 supervisor may recommend that the director of the county department revoke the
			 youth's aftercare.
(2) RECORD. When
			 the recommendation under sub. (1) is to revoke the youth's aftercare status,
			 the county agent's supervisor shall forward the notice of revocation and
			 waiver, all documents required under s.
			 DOC
			 393.14(4) and the evidence referred
			 to in s.
			 DOC 393.14(1)
			 (d) 1., 3., 4. and 5. to the county director
			 within 14 days after acceptance of the waiver, unless the county director
			 grants an extension for cause.
(3)
			 COUNTY DIRECTOR'S DECISION.
(a) The county
			 director after reviewing the documents under sub. (2) may revoke the youth's
			 aftercare. The county director shall issue a written decision, stating the
			 reasons why the youth's aftercare was revoked or not revoked.
(b) The county director shall forward copies
			 of the decision to the youth, the youth's attorney, if any, and the youth's
			 agent within 14 days after the county director receives the documents and
			 evidence under sub. (2).
(c) The
			 county director shall promptly forward the decision and all documents required
			 under s.
			 DOC
			 393.14(4) to the department and to
			 the type 1 secured correctional facility designated by the department to
			 receive the youth following the revocation.
(d) If the youth was not in custody during
			 the revocation proceedings, the county director shall direct that the youth be
			 taken into custody and arrangements made for the youth to be transferred to the
			 designated type 1 secured correctional facility.
(e) If the youth's aftercare is not revoked,
			 the youth's case shall be remanded by the county director to the youth's agent
			 and the agent's supervisor for alternative planning and placement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.17 - Petition for change in placement by the court

Current through June 24, 2024
(1) A aftercare
			 provider may, in lieu of an administrative hearing, petition the committing
			 court under s. 938.357(3),
			 Stats., for a change in placement to a type 1 secured correctional
			 facility.
(2) If a youth who has
			 been released to aftercare by the court violates a condition of supervision
			 imposed by the court or the department, the administrator may direct that a
			 petition be filed with the court requesting revocation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.18 - Revocation hearing

Current through June 24, 2024
(1) GENERAL. The revocation hearing process
			 shall be governed by ch. HA 2, except for those provisions in sub.
			 (2).
(2) EXCEPTIONS.
(a)
Time limit.
A revocation
			 hearing for a youth on aftercare shall be held within 30 days after the youth
			 was taken into custody in Wisconsin for an alleged violation, in accordance
			 with s.
			 938.357(5)
			 (d), Stats., unless this time limit is waived
			 under par. (b).
(b)
Waiver
			 of revocation hearing time limit.
The 30-day required time limit in
			 par. (a) may be waived only upon agreement of the aftercare provider, the youth
			 and the youth's attorney, if any.
(c)
Hearing closed.
A
			 revocation hearing for a youth shall be closed to the public.
(d)
Parents.
The youth's
			 parents or guardian may attend the hearing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.19 - Return of a youth to a type 1 secured correctional facility

Current through June 24, 2024
(1) If a youth on
			 state aftercare is held on administrative detention at a type 1 secured
			 correctional facility, the signed revocation order of the administrator of the
			 division of hearings and appeals, if there has been a hearing, or the signed
			 revocation order of the administrator, if the hearing has been waived, shall
			 serve to revoke the youth's aftercare and authorize transfer of supervision of
			 the youth to a type 1 secured correctional facility.
(2) If a youth on county-provided aftercare
			 has been held on administrative detention at a secure detention facility, the
			 signed revocation order of the administrator of the division of hearings and
			 appeals, if there has been a hearing, or the signed revocation order of the
			 county director, if the hearing has been waived, shall serve to revoke the
			 youth's aftercare and authorize return of the youth to a type 1 secured
			 correctional facility.
(3) If a
			 youth or the youth's attorney files an appeal of the revocation order, the
			 appeal shall not delay transfer of the youth to supervision at a type 1 secured
			 correctional facility pending outcome of the appeal.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.20 - Youth complaint procedure

Current through June 24, 2024
(1) GENERAL. A
			 youth may file a complaint to obtain administrative review of issues related to
			 the youth's aftercare that personally affect the youth.
(2) OBJECTIVES. The objectives of this
			 procedure include all of the following:
(a) To
			 allow youth to raise questions regarding a decision affecting their
			 supervision.
(b) To encourage
			 communication and cooperation between youth and staff.
(c) To resolve problems in an orderly and
			 consistent manner.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2),
				301.08(1)
				and
				938.539(6),
				Stats., to provide rules for treatment of youth in a type 2
				CCI.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Administrator" means the administrator of the division of juvenile corrections
			 or that person's designee.
(2)
			 "Bodily injury" means physical pain or injury, illness or any impairment of
			 physical condition.
(3) "Corporal
			 punishment" means the intentional infliction of physical pain as a means of
			 discipline.
(4) "County agent"
			 means a person, or that person's designee, employed by the county, who provides
			 community supervision for a youth and who is authorized to make decisions
			 regarding community supervision matters.
(5) "Day" means a calendar day.
(6) "Department" means the department of
			 corrections.
(7) "Force" means the
			 exercise of strength or power to overcome resistance or to compel another to
			 act or to refrain from acting in a particular way. It includes the use of
			 mechanical restraints or physical force.
(8) "Mechanical restraint" means a
			 commercially manufactured device approved by the department and applied to a
			 youth's wrist, arm, legs or torso to restrain or impede free
			 movement.
(9) "Reasonably believe"
			 means that the actor believes that a certain fact exists and such belief under
			 the circumstances is reasonable even though the belief may be
			 erroneous.
(10) "Staff" means the
			 employees of a child caring institution that is designated by the department as
			 a type 2 CCI.
(11) "Supervisor"
			 means a CCI staff person responsible for the supervision of type 2 CCI staff
			 and program services in a type 2 CCI.
(12) "Type 1 secured correctional facility"
			 has the meaning given in s.
			 938.02(19),
			 Stats.
(13) "Type 2 CCI" means a
			 type 2 child caring institution which has the meaning given in s.
			 938.02(19r),
			 Stats.
(14) "Type 2 status" means
			 the status of a youth who is placed by a court in a type 2 CCI, or who, having
			 been so placed, is placed in a less restrictive placement under s.
			 938.357(4)
			 (c) 2, Stats., is under the supervision and
			 control of the county department, is subject to the rules and discipline of the
			 county department and is considered to be in custody, as defined in s.
			 946.42(1)
			 (a), Stats.
(15) "Youth" means a person under the
			 supervision of a county department under s.
			 938.34(4d),
			 Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.04 - Designation as a type 2 CCI

Current through June 24, 2024
To be designated by the department as a type 2 CCI, a CCI shall
				apply to the department for designation as a type 2 CCI by meeting the
				following requirements:
(1) Agree to
			 abide by the provisions of this chapter and type 2 CCI policies and procedures
			 that the facility agrees to by contract with the department or a county
			 department.
(2) Obtain approval of
			 the department of health and family services to operate a CCI and a type 2 CCI
			 and abide by the rules, policies and procedures of the department of health and
			 family services.
(3) Require staff
			 who are authorized to use physical force and mechanical restraints on a type 2
			 status youth to complete a training program and periodic retraining approved by
			 the department. Training shall include incident prevention and de-escalation
			 and the safe and correct use of physical and mechanical restraints. Evidence of
			 successful completion of training shall be retained in staff personnel
			 files.
(4) Develop and maintain
			 policies and procedures specific to type 2 status youth as required by the
			 department and the department of health and family services, including policies
			 and procedures for notifying type 2 status youth under s.
			 DOC
			 394.07.