Wisconsin Administrative Code › Department of Corrections › Chapter DOC 393 - Youth Aftercare Conduct And Revocation › Section DOC 393.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Administrative detention" means secure, temporary confinement of a youth in a
			 type 1 secured correctional facility, an approved juvenile detention center or
			 the approved juvenile section of a county jail pending the completion of a
			 violation investigation, the outcome of a revocation proceeding or the
			 placement of a youth in an authorized placement as an alternative to
			 revocation.
(2) "Administrator"
			 means the administrator of the division of juvenile corrections or that
			 person's designee.
(3) "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 under s.
			 938.357, Stats., and is
			 supervised outside of a type 1 or type 2 secured correctional facility by the
			 department or a county department until the expiration or termination of the
			 youth's court ordered supervision.
(4) "Aftercare provider" means the department
			 or a county department designated by a juvenile court under s.
			 938.34(4n),
			 Stats., to provide aftercare supervision or the department under s. 938.532(3),
			 Stats.
Note:
Section 938.532(3), Stats., was repealed by
				2003 Wis. Act 33.
(5)
			 "Agent" means a person employed by the department or a county department who
			 provides aftercare supervision or type 2 status supervision for a youth and who
			 is authorized to make decisions regarding aftercare or type 2 status
			 supervision.
(6) "Alternate care
			 placement" means the placement of a youth, other than a youth on type 2 status,
			 in a residential living arrangement other than the parental home.
(7) "Corrective action" means an action taken
			 by the department or a county department to correct a youth's behavior that may
			 include, but is not limited to, education, development of life skills or
			 vocational skills or community service.
(8) "Corrective sanctions program" means the
			 program under s. 938.533, Stats.
(9) "County department" means the county
			 department under s. 46.215,
			 46.22 or
			 46.23, Stats.
(10) "County director" means the director of
			 the county department or that person's designee.
(11) "County intake worker" means a person
			 designated under s. 938.06(3),
			 Stats., to provide intake services.
(12) "Day" means a calendar day.
(13) "Department" means the Wisconsin
			 department of corrections.
(14)
			 "Division" means the department's division of juvenile corrections.
(15) "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.
(16) "Hearing
			 examiner" means an attorney employed by the Wisconsin department of
			 administration to conduct revocation hearings under this chapter.
(17) "Incapacitating agent" means any
			 commercially manufactured device or chemical agent used by the department to
			 temporarily control a youth.
(18)
			 "Investigation" means a process of fact-finding to determine whether a
			 violation of aftercare has occurred, including the period of time needed to
			 determine the appropriate action if a violation is substantiated.
(19) "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.
(20) "OJOR" means the
			 division's office of juvenile offender review.
(21) "Regional chief" means a division
			 regional manager responsible for oversight of community correctional services,
			 or that person's designee.
(22)
			 "Staff" means an employee of the department or a county department.
(23) "Summary disposition" means a written
			 determination that a violation was committed and a consequence other than
			 revocation shall be imposed.
(24)
			 "Superintendent" means the superintendent of a Type 1 secured correctional
			 facility or that person's designee.
(25) "Supervision" has the meaning given in
			 s. 938.505(1),
			 Stats.
(26) "Supervisor" means a
			 department or a county department employee responsible for the supervision or
			 administration of juvenile aftercare supervision, or that person's
			 designee.
(27) "Type 1 secured
			 correctional facility" has the meaning given in s.
			 938.02(19),
			 Stats.
(28) "Type 2 secured
			 correctional facility" has the meaning given in s.
			 938.02(20),
			 Stats.
(29) "Type 2 status" means
			 the status of a youth who is placed by the department in a type 2 secured
			 correctional facility, or who, having been so placed, is placed in a less
			 restrictive placement under s.
			 938.357(4) (am) or
			 (c), Stats., is under the supervision and
			 control of the department, is subject to the rules and discipline of the
			 department and is considered to be in custody, as defined in s.
			 946.42(1) (a),
			 Stats.
(30) "Violation report"
			 means a written report prepared by staff which describes facts relating to an
			 alleged violation by a youth.
(31)
			 "Youth" means a person under the supervision of the department or a county
			 department within the meaning of s.
			 938.505(1),
			 Stats., or pursuant to s.
			 48.366, Stats., regardless of
			 age.