reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.10 - Appeal

Current through June 24, 2024
(1) A youth placed in observation under s.
			 DOC
			 375.04(1) (a) who does not receive
			 timely reviews in accordance with this chapter or who has had an adverse
			 decision under s.
			 DOC
			 375.06(5) may appeal to the
			 administrator.
(2) A youth placed
			 in observation under s.
			 DOC
			 375.04(1) (b) who does not receive
			 timely reviews in accordance with this chapter or who has had an adverse
			 decision under s.
			 DOC
			 375.04(3) (a) 2. may appeal to the
			 administrator.
(3) A youth placed
			 in observation under s.
			 DOC
			 375.04(1) (c) for more than 5 days
			 may appeal to the administrator.
(4) The administrator may request an
			 additional clinical or medical assessment of a youth's condition prior to
			 completing a written decision, which the administrator shall issue to the youth
			 and appropriate staff within 5 days of receipt of the appeal.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 375 - Observation status in Type 1 secured correctional facilities › Section DOC 375.11 - Report to administrator

Current through June 24, 2024
A superintendent shall provide the administrator with a written
				report every 3 months which identifies by name each youth placed in
				observation, the reasons for the placement, the date the youth was placed in
				observation and the date the youth was released from
				observation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.01 - Authority and objectives

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2)
				(a),
				301.025
				and
				938.48(16),
				Stats. The department's primary security objectives are to protect the public,
				staff and youth and to afford youth a safe setting to participate in activities
				that prepare them to be successfully reintegrated into the
				community.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.04 - Voluntary confinement

Current through June 24, 2024
(1) A superintendent may place a youth in
			 voluntary confinement if all of the following are true:
(a) The youth requests the placement in
			 writing.
(b) The superintendent is
			 satisfied that the placement is necessary for the safety and welfare of the
			 youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.05 - Surveillance of youth activities

Current through June 24, 2024
(1) Electronic
			 surveillance of youth activities may occur without youth awareness as approved
			 by the superintendent. Only those individuals designated by the superintendent
			 may become aware of the contents of surveillance.
(2) The superintendent shall create policies
			 and procedures to protect privacy rights of youth.
(3) Surveillance may include staff
			 observation, cameras, intercoms, microphones, telephone monitoring and
			 recording devices or other electronic or surveillance devices.
(4) Surveillance shall be limited to
			 legitimate security needs of the institution.
(5) Information obtained by surveillance may
			 be used by the department or law enforcement for purposes that include, but are
			 not limited to, administrative actions, discipline, program direction and
			 criminal prosecutions.
(6) The
			 institution shall notify all youth, staff and visitors of the potential for
			 their activities to be monitored and recorded throughout the
			 institution.
(7) Surveillance may
			 not be used to interfere with or compromise privileged communications between
			 attorney and client.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.06 - Youth count

Current through June 24, 2024
A superintendent shall establish and maintain a system for
				accurately accounting for the whereabouts of all youth under the
				superintendent's supervision at all times. The system shall interfere as little
				as practical with school, work, program and recreational activities. The system
				shall be described in writing. All institution staff shall be familiar with the
				system.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.07 - Use of physical force

Current through June 24, 2024
(1) Corporal punishment of youth is not
			 permitted. This prohibition allows no exceptions.
(2) Only the minimum force that is reasonably
			 necessary to achieve a proper objective may be used. Excessive force shall not
			 be used.
(3) Staff may use
			 non-deadly force against youth only if the user of force reasonably believes
			 that it is immediately necessary to accomplish one of the following purposes:
(a) To subdue a youth who poses an immediate
			 threat of bodily harm or death to oneself or another.
(b) To regain control of all or part of an
			 institution during a disturbance as defined in s.
			 DOC
			 376.20 or an emergency as defined in s.
			 DOC
			 376.21.
(c) To prevent the escape of a
			 youth.
(d) To control a disruptive
			 or dangerous youth who threatens the security of an institution.
(e) To apprehend a youth who has escaped from
			 an institution.
(f) To change the
			 location of a youth who refuses to cooperate and the refusal threatens the
			 security of the institution.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.08 - Use of incapacitating devices and chemical agents

Current through June 24, 2024
(1) REGULATION.
(a) Incapacitating devices or chemical agents
			 may be used under the circumstances listed in s.
			 DOC
			 376.07(3).
(b) In order to ensure that incapacitating
			 devices and chemical agents are used appropriately, staff shall utilize the
			 following use of force continuum, if feasible, before actually employing an
			 incapacitating device or a chemical agent:
1.
			 Make a video and sound recording of the events as authorized by the
			 superintendent.
2. Communicate with
			 the youth to calm the youth.
3.
			 Wait a reasonable period of time, unless there is a risk of harm to the youth
			 or another person, the situation would further escalate or waiting would
			 threaten the security or safety of the institution.
4. Make a show of force to the
			 youth.
5. Use the minimum
			 non-deadly force that is reasonably necessary.
(c) When s.
			 DOC
			 376.07(3) permits the use of force
			 and staff know of a youth's history of violent behavior in similar situations
			 and reasonably believe that the youth is about to become violent, an
			 incapacitating device or chemical agent may be used after the procedure in par.
			 (b) has been followed, but before the youth makes a credible threat to use
			 physical force.
(d) Incapacitating
			 devices or chemical agents may not be used by staff if any of the following
			 apply:
1. It is clear that the incapacitating
			 devices or chemical agents would have no physical effect on a youth.
2. It is medically contra-indicated for the
			 youth or another person who would be affected.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.09 - Mechanical restraints

Current through June 24, 2024
(1) TYPES OF MECHANICAL RESTRAINTS.
			 Mechanical restraints include, but are not limited to, handcuffs with
			 restraining belt or chain, restraining chains, leg restraints and leather and
			 plastic restraints.
(2) USE OF
			 MECHANICAL RESTRAINTS. Mechanical restraints may be used in any of the
			 following situations if the superintendent determines that the use of
			 mechanical restraints is necessary to protect staff, youth or the public or to
			 maintain the security of the institution:
(a)
			 To transport a youth within or outside an institution.
(b) For a youth who is in security status
			 while the youth is outside the place of confinement or for a youth who is out
			 of control.
(c) To protect staff,
			 youth or other persons from a youth who poses an immediate risk of physical
			 injury to others unless restrained.
(d) To protect a youth who poses an immediate
			 threat of physical injury to self unless restrained.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.10 - Escapes

Current through June 24, 2024
(1) PLAN. Each institution shall have a
			 written plan approved by the superintendent to be implemented in the event an
			 escape occurs or is attempted. The plan shall be updated annually and shall be
			 filed with the administrator. The plan shall provide for all of the following:
(a) Reporting the escape to the
			 superintendent and the administrator.
(b) Staff communication.
(c) Notification to local and committing
			 county law enforcement authorities.
(d) Notification to the community, consistent
			 with s.
			 938.51(1r),
			 Stats.
Note: There is no statutory requirement for notification to the
				community in the event of escape.
(e) Pursuit of the escapee.
(f) An immediate count of all
			 youth.
(g) A search of the
			 institution and grounds.
(h) An
			 investigation into the background, mail and visitors list of the escaped
			 youth.
(i) An accessible list of
			 the names, addresses and phone numbers of off-duty staff members.
(j) The operation of essential
			 posts.
(k) Securing tools and any
			 implement that may be fashioned into a weapon.
(L) Victim notification, if requested under
			 s.
			 938.51(4),
			 Stats.
(m) The preservation of any
			 evidence relevant to the escape and the chain of evidence.
(n) The repair of any facilities damaged in
			 the escape.
(o) The responsibility
			 of staff after an escape.
(p)
			 Notification of the administrator and law enforcement agencies of the
			 apprehension of an escapee.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.11 - Search of institution grounds

Current through June 24, 2024
Staff may conduct a search of any area within the buildings or
				grounds of an institution at any time. There is no requirement that evidence
				exists that contraband is concealed on institution grounds before such a search
				is conducted. Upon completion of the search, staff shall complete an
				institution incident report describing the search including any discovery of
				contraband.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.12 - Search of youth living quarters

Current through June 24, 2024
(1) Whenever staff
			 conduct a search of a youth's living quarters, staff in charge of the living
			 unit at the time of the search or the staff who conducted the search shall
			 write a report that includes all of the following:
(a) The identity of the staff who conducted
			 the search and the supervisor who approved it.
(b) The date and time of the
			 search.
(c) The identity of the
			 youth whose living quarters were searched.
(d) The reason for conducting the search. If
			 the search was a random search, the report shall state that it was a random
			 search.
(e) Any objects that were
			 seized pursuant to the search.
(f)
			 Whether any damage was done to the premises during the search.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.13 - Search of youth

Current through June 24, 2024
(1) Searches of youth may be conducted as
			 follows:
(a)
Personal search.
Staff may conduct a personal search of a youth under any of the following
			 circumstances:
1. If staff have reasonable
			 grounds to believe that the youth possesses contraband.
2. At the direction of the shift supervisor,
			 either orally or in written job instructions or post orders.
3. Before a youth enters or leaves the
			 security enclosure of an institution.
4. Before a youth enters or leaves the
			 security unit or changes status within the security unit of an
			 institution.
5. Before and after a
			 youth has been with a visitor.
6.
			 As part of a lockdown or a search of a housing unit or institution under s.
			 DOC
			 376.11 or
			 376.12.
7. When a youth is apprehended after an
			 escape or an attempted escape.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.14 - Search of visitors

Current through June 24, 2024
(1) Before a visitor is permitted in an
			 institution, staff responsible for the admission of visitors shall be satisfied
			 that the visitor is not carrying an unauthorized object into the
			 institution.
(2) Each institution
			 shall have information readily available to visitors informing them of the
			 objects they may carry into the institution. Each institution shall have a
			 place for the safekeeping of objects that may not be carried into the
			 institution and shall permit visitors to store objects in these
			 places.
(3) Before admitting a
			 visitor, staff responsible for admission of visitors may request visitors to
			 empty pockets and containers, permit the inspection of containers or submit
			 themselves and objects they carry into the institution to inspection by a
			 device designed to detect metal or unauthorized objects.
(4)
(a)
			 Before admitting a visitor, staff responsible for admission of visitors may
			 request a visitor to submit to a personal search, which the superintendent and
			 the administrator must authorize, if there are reasonable grounds to believe
			 the visitor is concealing an unauthorized object.
(b) If following a personal search, staff has
			 reasonable grounds to believe a strip search is necessary, staff shall request
			 the sheriff or local law enforcement to conduct the search. If the sheriff or
			 local law enforcement cannot or will not conduct the strip search, staff shall
			 ask the visitor to leave.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.15 - Search of staff

Current through June 24, 2024
(1) A superintendent may require that staff
			 submit to a personal search before they enter or leave an institution. As part
			 of the personal search, the superintendent may require staff to submit
			 themselves and objects they carry into or out of the institution to inspection
			 by a device designed to detect metal or unauthorized objects. A superintendent
			 may require that staff vehicles and personal possessions be searched while on
			 institution grounds. A superintendent, with approval of the administrator, may
			 require that staff submit to a strip search. Approval for any search shall be
			 given only if there are reasonable grounds to believe the individual being
			 searched is concealing an unauthorized object.
(2) Staff who refuse to submit to a search
			 shall not be admitted to the institution and may be subject to disciplinary
			 action.
(3) If an unauthorized
			 object is found pursuant to a search conducted under this section, the
			 superintendent shall dispose of the object consistent with s.
			 DOC
			 376.17.
(4) All searches shall be conducted in a
			 courteous manner. Staff shall strive to protect the dignity of staff who are
			 searched.
(5) Each institution
			 shall give staff written notice of the objects they may not carry into or out
			 of the institution.
(6) If a search
			 is conducted under this section, the staff who conducted the search shall
			 submit a written report to the superintendent that includes the information
			 required by s.
			 DOC
			 376.13(4).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.16 - Factors to consider to determine if a search is necessary

Current through June 24, 2024
Prior to searching a visitor, a youth or other staff, staff
				shall determine that reasonable grounds or probable cause exists to believe the
				person being searched possesses contraband. Staff shall consider all of the
				following factors.
(1) The reliability
			 of information provided by an informant indicating the existence of contraband
			 by assessing whether the information is detailed, consistent and
			 corroborated.
(2) The reliability
			 of an informant by considering whether the informant has supplied reliable
			 information in the past and whether the informant has reason to supply
			 inaccurate information.
(3) The
			 activity of a visitor, youth or staff that relates to whether the person to be
			 searched might carry contraband.
(4) The information provided by the person
			 who may be searched which is relevant to whether the person possesses
			 contraband.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.18 - Report of contraband seized

Current through June 24, 2024
Each month the superintendent of each institution shall submit
				to the administrator a report of all contraband seized, the place and time it
				was seized, and the identity of the person possessing the contraband. If the
				contraband was not found in the possession of a person, the report shall state
				that fact.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.19 - Lockdown

Current through June 24, 2024
In the event of a safety or security need, the superintendent
				may at any time lockdown an institution to investigate and control the
				situation. The superintendent shall give the secretary and the administrator
				advance notice, when possible, of any lockdown. If advance notice cannot be
				given, the superintendent shall notify the secretary and the administrator of a
				lockdown as soon as possible.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.20 - Disturbance plan

Current through June 24, 2024
(1) In this section, a disturbance means any
			 of the following have occurred:
(a) Two or
			 more youth assault any person.
(b)
			 A youth has taken a hostage.
(c)
			 Two or more youth destroy state property or the property of another
			 person.
(d) Two or more youth,
			 acting in concert, refuse to comply with an order to return to living quarters
			 or to go to a place.
(e) One or
			 more youth incite or encourage one or more youth by words or acts to do any of
			 the acts referred to in pars. (a) to (d).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.21 - Emergencies

Current through June 24, 2024
(1) In this section, "emergency" means an
			 immediate threat to the safety of the staff or youth of an institution, as
			 determined by a superintendent, other than a disturbance as defined in s.
			 DOC
			 376.20(1). An emergency may include,
			 but is not limited to:
(a) An
			 epidemic.
(b) A malfunctioning of
			 institution systems including the water, electrical or telephone
			 system.
(c) A fire.
(d) A bomb threat or explosion.
(e) An employee strike.
(f) A natural disaster.
(g) A civil disturbance.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2)
				and
				938.48(16),
				Stats., to structure the resources available to youth to balance the need for
				public protection, youth accountability, youth skill-building and the provision
				of services to youth in a safe, humane and caring
				environment.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Activity group" means youth who participate in a group organized to promote
			 educational, social, cultural or other lawful activities approved by the
			 department.
(2) "Administrator"
			 means the administrator of the division of juvenile corrections or that
			 person's designee.
(3) "Agent"
			 means a person employed by the department or a county department to provide
			 community supervision of a youth and authorized to make decisions regarding
			 community supervision matters.
(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) "Close family member" means a youth's
			 natural, adoptive, step and foster parents, spouse, children, grandparents or
			 siblings. A parent surrogate is within the definition of parent if
			 investigation substantiates 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.
(6) "Community
			 supervision" means the corrective sanctions program under s.
			 938.533,
			 Stats., aftercare under s.
			 938.34(4n),
			 Stats., the serious juvenile offender program under s.
			 938.538,
			 Stats., and type 2 secured correctional facility supervision under s.
			 938.539(2),
			 Stats.
(7) "Contraband" means any
			 of the following:
(a) Any item which subch. VI
			 of ch. DOC 373 prohibits a youth from possessing.
(b) Any item which is not state property and
			 is on the institution grounds, but not in the possession of any person or in an
			 approved location.
(c) Stolen
			 property.
(d) Any item that is not
			 on a youth's property list and is required to be.
(e) Any item of a type that is not allowed
			 according to posted policies and procedures.
(f) Allowable items in excess of the quantity
			 allowed according to policies and procedures.
(g) Items in the possession of a youth that
			 do not belong to the youth, except for state property issued to the youth for
			 personal use.
(h) Anything used as
			 evidence in a disciplinary hearing that is deemed to be contraband by the
			 hearing officer.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.04 - Mail

Current through June 24, 2024
(1) POLICY. Communication fosters
			 reintegration into the community and the maintenance of family ties. A youth
			 may communicate with government offices, courts, approved family members and
			 other persons concerned with the youth's welfare as approved by the
			 superintendent and consistent with program needs and the need to protect the
			 public.
(2) CORRESPONDENCE LIST.
			 There shall be an approved correspondence list for each youth. The list shall
			 include the name, date of birth, address, and relationship to the youth for all
			 approved correspondents.
(b) Except as
			 otherwise provided in this chapter, only individuals on a youth's approved list
			 will be permitted to correspond with the youth. To the extent compatible with
			 program goals and institution needs, a youth shall be permitted to correspond
			 with close family members. If the superintendent grants prior approval, other
			 relatives, friends, or interested persons may also correspond with the
			 youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.05 - Publications

Current through June 24, 2024
(1) Youth are permitted and encouraged to
			 read. Reading fosters correctional objectives by educating youth and keeping
			 them informed of events and issues in the community. The department shall
			 facilitate youth reading of publications, including books, magazines,
			 newspapers and pamphlets consistent with correctional objectives and youth
			 program objectives.
(2) The
			 superintendent may create an approved list for youth subscriptions that shall
			 be made available to all youth. A youth may request that the superintendent add
			 publications to the approved list. Youth shall not receive publications that
			 are not on the approved list. Youth must receive publications directly from the
			 publisher and the youth must have sufficient resources to pay for the
			 publications.
(3) Youth may not
			 possess, receive or read publications that do any of the following:
(a) Teach or advocate violence or
			 hatred.
(b) Present a danger to
			 institution security and order.
(c)
			 Teach or advocate behavior that violates the laws of Wisconsin or the United
			 States or the rules of the department.
(d) Teach or describe the manufacture or use
			 of weapons, explosives, drugs or intoxicating substances.
(e) Meet the definition of obscene
			 material.
(f) Teach or describe the
			 manufacture or use of a device that creates a substantial danger of physical
			 harm to self or others.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.06 - News media access to youth

Current through June 24, 2024
(1) It is the
			 policy of the department to permit visits to correctional institutions by
			 representatives of the news media. Visits and interviews by representatives of
			 the news media with staff and youth can foster the public's understanding of
			 the qualities, problems and needs of youth and institutions. That understanding
			 helps to develop community acceptance and support of correctional objectives
			 which enhances the achievement of those objectives, including reintegration
			 into the community.
(2) If a
			 representative of the news media requests an opportunity to interview a youth,
			 the superintendent may permit the interview consistent with institution needs
			 and program needs of the youth. The superintendent shall obtain parental or
			 guardian approval for a youth under the age of 18 before the interview. An
			 interview may be refused if any of the following occur:
(a) The superintendent determines that an
			 interview will jeopardize or be detrimental to the safety or order of the
			 institution or the welfare or program of a youth.
(b) The clinical services supervisor believes
			 that the youth has emotional problems which are likely to be exacerbated by an
			 interview or believes the youth is mentally ill.
(c) The youth is in close
			 confinement.
(d) The youth refuses
			 to be interviewed.
(e) The parents
			 of a youth under the age of 18 years object to the interview.
(f) The welfare of the victim, the victim's
			 family or the community would be jeopardized.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.08 - Special events

Current through June 24, 2024
(1) Special events may be held in
			 institutions subject to the approval and regulation of the
			 superintendent.
(2) In regulating
			 special events, the superintendent shall consider all of the following:
(a) Any threat to security posed by the
			 activity.
(b) The benefit to the
			 public and youth.
(c) Staff and
			 other resources available to regulate the activity.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.09 - Access to courts, legal services and materials

Current through June 24, 2024
(1) GENERAL POLICY.
			 Youth shall have access to the courts, legal services, and legal
			 materials.
(2) ACCESS.
(a) Institutions may establish policies and
			 procedures which relate to access to courts, but such regulations may not
			 unduly delay or adversely affect the outcome of a youth's claim or defense or
			 discourage a youth from seeking judicial consideration of his or her
			 claims.
(b) Appropriately
			 identified legal documents may not be read, censored or altered by correctional
			 staff, nor may delivery be delayed.
(c) A youth shall not be disciplined for
			 seeking judicial or administrative relief.
(d) This section does not require the
			 department to use its resources to provide legal services.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.10 - Property

Current through June 24, 2024
(1) POSSESSION OF PROPERTY. Youth are
			 permitted to have a limited and specified amount of property in their
			 possession in an institution in accordance with this section. The institution
			 shall establish policies and procedures under this section relating to the
			 acquisition, possession, use and disposal of property.
(2) PROPERTY LIST. Each institution shall
			 develop and maintain a list of the personal property items permitted at the
			 institution. The list may establish limitations as to the value, type of
			 property and number of particular items. The superintendent may approve
			 additions to the property list if the additions further program goals. Youth
			 shall be provided with a copy of the list when they arrive at the institution
			 and any changes made subsequent to their arrival.
(3) ACQUIRING PROPERTY. Methods approved by a
			 superintendent to acquire personal property may include any of the following:
(a) Purchase from the institution
			 canteen.
(b) Purchase from an
			 approved retail outlet.
(c)
			 Delivery by approved visitors or mail.
(d) Other methods approved by the
			 superintendent.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.11 - Religion

Current through June 24, 2024
(1) RELIGIOUS BELIEFS AND PRACTICE.
(a) The department may not discriminate
			 against a youth on the basis of the youth's religious beliefs. The
			 superintendent may modify a youth's religious practices based on health and
			 safety considerations, the security and order of the institution, the
			 rehabilitation goals of the youth and fiscal and operational
			 limitations.
(b) The department may
			 not require a youth to participate in religious activities but may maintain
			 information concerning a youth's religious activities for administrative
			 purposes.
(c) To the extent
			 reasonable, institutions shall make facilities and other resources available to
			 youth for religious practices permitted under sub. (2).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.12 - Leisure time activities

Current through June 24, 2024
Each institution shall provide the youth in the general
				population with structured and approved leisure time activity, including
				outdoor recreation, on a regular basis consistent with security, available
				resources and the priorities of school attendance, scheduled programs and work.
				Outdoor leisure time activities shall be provided when weather conditions do
				not pose a risk to health and safety.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.13 - Education programs

Current through June 24, 2024
(1) Institutions shall make the following
			 educational programs and services available to youth:
(a) Elementary education, as
			 appropriate.
(b) Junior high
			 school/middle school classes.
(c)
			 Special education for students with exceptional educational needs.
(d) High school credit-generating
			 classes.
(e) High school
			 equivalency programs.
(f) Training
			 in independent living skills.
(g)
			 Pre-vocational and vocational/technical education including work
			 experience.
(h) Reintegration
			 services at the time the youth is released from the institution, including
			 transfer of records and consultation with education staff at the school the
			 youth will attend in the community.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.14 - Social services

Current through June 24, 2024
Each institution shall provide social services for youth. The
				superintendent shall insure sufficient licensed social worker time to deliver
				the services necessary to meet the identified goals and objectives in each
				youth's individual case plan consistent with s.
				DOC
				371.10(4).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.15 - Health services

Current through June 24, 2024
(1) Youth shall have access to health care
			 services.
(2) Ordinary medical and
			 dental care shall be provided to youth consistent with s.
			 938.505(1),
			 Stats.
(3) Qualified health care
			 providers shall provide health care based on professionally recognized
			 standards in accordance with state and federal requirements.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.16 - Food and liquids

Current through June 24, 2024
(1) The department shall provide nutritious
			 food for all youth. Meals shall satisfy standards of nutrition which meet or
			 exceed the recommended dietary allowances of the food and nutrition board of
			 the national academy of sciences of the national research council and the
			 department of public instruction.
(2) Each institution shall have specific
			 written policies and procedures that regulate eating outside the designated
			 dining area. Institutions may forbid taking foods into living quarters and out
			 of the designated dining area.
(3)
			 The menu for each institution shall be posted weekly in advance of the meals
			 for that week.
(4) If medical staff
			 prescribe a special diet for health reasons, a youth shall be provided the
			 diet, consistent with the department diet manual, related policies and
			 procedures and available resources.
(5) A youth shall be provided sufficient
			 liquids to sustain basic nutrition and health needs.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.17 - Clothing

Current through June 24, 2024
(1) Each institution shall provide youth with
			 adequate clothing. All of the following apply to repair or replacement of
			 clothing by an institution.
(a) The
			 institution shall replace or repair clothing damaged by normal wear.
(b) The institution may require a youth to
			 pay the institution for the cost of replacing or repairing clothing that was
			 willfully lost, destroyed or damaged by the youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.18 - Personal hygiene

Current through June 24, 2024
(1) Each institution shall create minimum
			 personal hygiene standards for its youth. Personal cleanliness shall be the
			 responsibility of each youth.
(2)
			 Institutions shall provide a minimum of 3 showering periods every 7 days for
			 each youth in the general population. When possible, an institution shall
			 permit youth to shower daily. Institutions shall provide clean undergarments,
			 shirts and stockings at least 3 times every 7 days. Youth whose work or other
			 activity makes it desirable shall be allowed more frequent bathing and changes
			 of clothing.
(3) All of the
			 following apply to grooming:
(a) Each
			 institution shall make policies and procedures governing personal hygiene, hair
			 and use of cosmetics.
(b) A youth's
			 hair shall not cover his or her eyes, disguise identity or conceal
			 contraband.
(c) Youth assigned to
			 food preparation and serving areas shall be required to wear hairnets or other
			 suitable hair covering.
(d) Youth
			 performing work assignments that may reasonably be considered to be hazardous
			 shall be required to maintain suitably cropped hair or wear protective headgear
			 for safety purposes.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.19 - Living quarters

Current through June 24, 2024
(1) An institution may not exceed the
			 original design capacity of a room and the institution when assigning youth to
			 rooms, except in an institution housing emergency under sub. (2), or to meet
			 youth program needs. The original design capacity of a room and an institution
			 is the occupancy, number of youth, for which a room and the institution was
			 originally designed.
(2) If the
			 secretary declares an institution housing emergency, the number of youth
			 assigned to living quarters may exceed original design capacity. Conditions for
			 youth assigned to a room in excess of the original design capacity shall be as
			 humane as reasonably possible, consistent with available resources.
(3) There shall be no discrimination on the
			 basis of race or religion in the assignment of youth to living
			 quarters.
(4) The superintendent
			 may consider the following factors before assigning a youth to a room:
(a) The youth's medical, psychological and
			 psychiatric condition.
(b) The
			 youth's record of assault or aggressive behavior.
(c) The youth's overall institutional
			 adjustment.
(d) The youth's history
			 of sexual behavior.
(e) The youth's
			 length of sentence.
(f) The youth's
			 program assignment.
(g) The total
			 institution population.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.20 - Youth funds and accounts

Current through June 24, 2024
(1) GENERAL POLICY.
			 The institution shall manage youth funds and permit or forbid spending to
			 achieve the following objectives:
(a) To
			 promote the successful reintegration of youth into society through a policy
			 designed to provide youth with funds available upon release that they can
			 manage responsibly.
(b) To prevent
			 the exchange of contraband and victimization within institutions by prohibiting
			 youth from carrying money and by requiring all youth funds to be deposited in
			 accounts for the youth.
(c) To
			 require youth to pay financial obligations.
(d) To permit youth to obtain personal
			 property in accordance with s.
			 DOC
			 379.10.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 379 - Living conditions for youth in Type 1 secured correctional facilities › Section DOC 379.21 - Telephone calls

Current through June 24, 2024
(1) Institutions shall encourage youth to
			 communicate with their families, government officials and people concerned with
			 the welfare of youth. This policy is intended to foster reintegration into the
			 community, maintain family ties, motivate youth, improve morale and contribute
			 to security. The superintendent may establish policies or procedures, subject
			 to the approval of the administrator, relating to the use of
			 telephones.
(2) A telephone shall
			 only be used in a lawful manner.
(3) A superintendent may do any of the
			 following:
(a) Monitor and record a youth's
			 telephone call under s.
			 DOC
			 376.05. A properly placed call to or from an attorney,
			 an attorney's assistant or approved law student may not knowingly be monitored
			 or recorded.
(b) Record the
			 conversation and the date, time, destination, number and duration of a
			 call.
(c) Disclose the contents of
			 a recording of a youth's telephone conversation to any of the following:
1. The department's office of juvenile
			 offender review.
2. The
			 administrator.
3. The
			 secretary.
4. An investigating
			 officer from the department or another state or federal agency.
5. A law enforcement officer.
(d) Use the contents of a
			 recording of his or her telephone conversation for any of the following
			 reasons:
1. For disciplinary
			 purposes.
2. To decide placement,
			 transfer or release of a youth.
3.
			 For an investigation of a youth's plans to escape.
4. For investigations of threats to the
			 security of the institution.
5. For
			 investigations of threats to the health, safety or welfare of staff, the public
			 or other youth.
6. For
			 investigations of threats against witnesses or victims.
7. For investigations of trafficking of drugs
			 or other contraband.
8. For
			 investigations of any illegal activity.
9. As evidence in administrative and judicial
			 proceedings.
10. For programming
			 and treatment.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.01 - Authority and purpose

Current through June 24, 2024
(1) This chapter is promulgated under the
			 authority of ss.
			 227.11(2)
			 and
			 938.48(16),
			 Stats., to provide rules to assure that complaints from youth placed in a type
			 1 secured correctional facility are investigated thoroughly and decided
			 fairly.
(2) The objectives of the
			 complaint process are all of the following:
(a) To afford youth the opportunity to raise
			 questions about correctional policies that directly affect them.
(b) To encourage communication between youth
			 and staff.
(c) To develop a sense
			 of involvement in the correctional process by youth and staff.
(d) To correct errors in correctional policy
			 through the exchange of ideas.
(e)
			 To allow youth who believe they have been treated unfairly to challenge staff
			 decisions, process or policy.
(f)
			 To reduce frustration among youth about conditions at the institution in which
			 they reside.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.02 - Applicability

Current through June 24, 2024
(1) This chapter applies to all youth placed
			 in an institution, and complaints filed by those youth regarding residential
			 programs, application of rules, division policies, conditions, procedures or
			 other matters or incidents, except that a youth may not use the complaint
			 procedure for complaints about any of the following:
(a) Factual disputes or decisions in the
			 disciplinary process under ch. DOC 373, except that the complaint procedure may
			 be used to challenge procedural errors in accordance with sub. (2).
(b) Matters over which the department has no
			 authority.
(c) Court-imposed
			 conditions.
(d) Decisions of
			 OJOR.
(e) A decision to place a
			 youth at a specific institution.
(f) A decision not to deliver mail, except
			 under s.
			 DOC
			 379.04(9).
(g) Suspension of visiting
			 privileges.
(h) Matters related to
			 the revocation process.
(i) Matters
			 that do not directly affect the complainant.
(j) An administrative rule of the
			 department.
(k) An issue which a
			 youth may appeal under a department rule or a decision issued by the department
			 in response to an appeal filed by a youth under a department rule.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.03 - Definitions

Current through June 24, 2024
(1) "Administrator" means the administrator
			 of the department's division of juvenile corrections or that person's
			 designee.
(2) "Complaint" means a
			 complaint by one or more youth using the administrative procedures in this
			 chapter.
(3) "Complaint mediator"
			 means a staff person not a party to the incident or situation from which the
			 complaint arose who is designated by the superintendent to receive complaints
			 and perform duties under this chapter.
(4) "Department" means the department of
			 corrections.
(5) "Division" means
			 the department's division of juvenile corrections.
(6) "Institution" means a type 1 secured
			 correctional facility.
(7) "OJOR"
			 means the division's office of juvenile offender review.
(8) "Superintendent" means the superintendent
			 of an institution or that person's designee.
(9) "Staff" means an employee of the
			 department.
(10) "Type 1 secured
			 correctional facility" has the meaning given in s.
			 938.02(19),
			 Stats.
(11) "Youth" means a person
			 under the supervision of the department within the meaning of s.
			 938.505(1),
			 Stats., or pursuant to s.
			 48.366,
			 Stats., or a person subject to a criminal penalty who is placed in an
			 institution under s.
			 973.013(3m),
			 Stats., regardless of age.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 380 - Complaint procedure for youth in Type 1 secured correctional facilities › Section DOC 380.05 - Designation, training and activities of complaint mediator

Current through June 24, 2024
All of the following procedures apply to complaint mediators
				and institutions:
(1) A superintendent
			 shall designate complaint mediators. The complaint mediators may be staff with
			 other responsibilities, but they shall receive, investigate, mediate and
			 process complaints in accordance with the procedures and time limits
			 established in this chapter. A superintendent shall provide the complaint
			 mediator with full access to youth, staff, facilities and records of the
			 institution.
(2) The department
			 shall provide complaint mediators with training in complaint procedures and
			 mediation skills.
(3) A complaint
			 mediator, in cooperation with the superintendent, shall provide youth and staff
			 with written information about the complaint procedure and any modifications of
			 the procedure.
(4) An institution
			 shall assign a complaint file number and screen all complaints within 24 hours
			 of receipt, excluding weekends and holidays. Priority shall be given to
			 complaints concerning health and safety. The institution shall record the date
			 and time each complaint is received.
(5) A complaint mediator shall mediate and
			 investigate complaints and keep a written record of information obtained in an
			 investigation.
(6) A supervisor
			 responsible for a living unit or program may be designated as mediator for
			 complaints that arise within the area of supervisory responsibility, except
			 that no complaint mediator may investigate or decide a case involving a
			 complaint that relates to decisions or actions that involved the complaint
			 mediator.
(7) A complaint mediator
			 who has a conflict of interest under sub. (6) shall inform the superintendent,
			 who shall appoint an alternate complaint mediator. If a youth believes a
			 complaint mediator has a conflict of interest, the youth may file a complaint
			 under this chapter with the superintendent.
(8) A complaint mediator shall promptly
			 transmit all necessary documents to each person involved in the complaint
			 process. A complaint mediator shall keep the complainant informed orally or in
			 writing of all decisions or non-action by any person involved in the complaint
			 process under this chapter.