Wisconsin Administrative Code › Department of Corrections › Chapter DOC 392 - Drug Testing Of Youth On County Supervision, Type 2 Status Or Aftercare › Section DOC 392.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Body contents search" means a search in which a youth is required to provide a
			 sample of urine, breath, saliva, blood, or stool for testing for the presence
			 of intoxicating substances, as defined in s.
			 DOC
			 373.46(1), in accordance with
			 department or county department procedures and with methods approved by the
			 state laboratory of hygiene, or to submit to non-surgical physical examination
			 by medical personnel which may include, but is not limited to, x-rays for
			 detecting the use of intoxicating substances or the possession of contraband. A
			 body contents search does not include an examination or test required by
			 medical personnel for medical reasons.
(2) "County department" has the meaning given
			 in s. 938.02(2g),
			 Stats.
(3) "Department" means the
			 department of corrections.
(4)
			 "Drug" means any controlled substance, as defined in s.
			 961.01(4),
			 Stats., or controlled substance analog, as defined in s.
			 961.01(4m),
			 Stats., that is illegal to possess or use, or alcohol, as defined in s.
			 125.02(1),
			 Stats., but does not mean a drug prescribed and used in accordance with
			 law.
(5) "Drug test" means a
			 chemical or other analysis of a body contents specimen collected from a youth
			 for the purpose of determining if the youth has ingested or used any
			 drug.
(6) "For cause test" means a
			 drug test administered because staff has a reasonable suspicion that a youth
			 has used or ingested drugs other than a prescription drug which is lawfully
			 possessed and used.
(7) "Aftercare"
			 means the aftercare supervision status of a youth, as used in s.
			 938.34(4n),
			 Stats., who is released from a Type 1 or Type 2 secured correctional facility
			 by the office of juvenile offender review, or by action of a court, and is
			 supervised by the department or a county department until the expiration or
			 termination of the youth's court ordered supervision.
(8) "Physician" means a person licensed as a
			 physician under ch. 448, Stats.
(9)
			 "Physician's assistant" means a person certified by the medical examining board
			 under ch. 448, Stats., to perform patient services under the supervision and
			 direction of a licensed physician.
(10) "Provider" means the department, a
			 county department or a private agency under contract with the department or a
			 county department that is authorized by the contract to administer drug
			 tests.
(11) "Random test" means the
			 collection of a specimen in a manner that does not follow a predetermined
			 pattern and is not predicated on any particular fact or situation which creates
			 a reasonable suspicion that a youth has used or ingested drugs.
(12) "Registered nurse" means a person
			 licensed as a registered nurse under s.
			 441.06, Stats.
(13) "Scheduled test" means a test given to a
			 youth on a regular, pre-planned basis and administered at a time when the youth
			 knows the test will occur.
(14)
			 "Staff" means provider staff with the responsibility of supervising a youth's
			 placement and behavior.
(15)
			 "Supervision" means the rights and duties of the department or a county
			 department under ss. 938.34 and
			 938.505(1),
			 Stats., or other requirements of law with respect to a youth placed by a court
			 or the department in a type 2 secured correctional facility, a type 2 child
			 caring institution, or on aftercare.
(16) "Supervisor" means a provider employee
			 responsible for the supervision of aftercare, a type 2 secured correctional
			 facility or a type 2 child caring institution, or that person's
			 designee.
(17) "Type 2 child caring
			 institution" has the meaning given in s.
			 938.02(19r),
			 Stats.
(18) "Type 2 secured
			 correctional facility" has the meaning given in s.
			 938.02(20),
			 Stats.
(19) "Youth" means a person
			 under the supervision of the department or a county department within the
			 meaning of s. 938.505(1),
			 Stats., pursuant to s.
			 48.366, Stats., or other
			 requirements of law or a person subject to a criminal penalty, regardless of
			 age.