Wisconsin Legislature: DOC 346.41 History

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.37 Education. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to educational programming for juveniles, including all of the following requirements:

(1) Superintendents shall ensure that juveniles have access to education, as provided by the school district in which the facility is located.

(2) Superintendents shall notify the school district in which the facility is located when juveniles are present in the facility.

(3) Superintendents shall cooperate with the school district in which the facility is located in the implementation of an educational program.

(4) Superintendents shall communicate to the department of public instruction significant concerns regarding adequacy of educational programming within facilities.

(5) Superintendents shall document on a daily basis all of the following:

(a) Number of hours of instruction by a teacher.

(b) Number of juveniles receiving instruction.

(d) Names of juveniles who were unable to participate and the reasons for the inability.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.38 Reading materials. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to access to reading materials, including the following components:

(1) Reading materials of general interest, such as books, newspapers and magazines, shall be provided.

(2) Reading materials which are prohibited for juveniles because their content creates a security risk shall be identified.

(3) Inspection of reading materials brought by visitors for juveniles if the facility allows visitors to bring in reading materials.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.39 Recreation and exercise. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to recreation and exercise for juveniles, including the following components:

(1) Juveniles shall have access to leisure time supplies and activities unless use of these materials is restricted for disciplinary or security reasons.

(2) Each juvenile shall be provided an opportunity to participate in at least one hour of large muscle or cardiovascular physical exercise per day.

(3) Superintendents shall document on a daily basis the names of juveniles who do not participate in recreation or exercise and the reason for nonparticipation.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.40 Religion. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to religious programming, including the following components:

(1) Juveniles shall have the right to religious ministration and sacraments as provided in s. 301.33, Stats.

(2) Juveniles shall be given an opportunity to request access to clergy. Facilities shall document requests and their disposition.

(3) Juveniles shall be notified of the schedule of religious services available in the facility and of religious organizations and clergy willing to conduct religious services in the facility.

(4) The superintendent shall provide to a juvenile a Bible, Quran, or other religious text upon request under s. 301.33, Stats.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.41 Uncompensated work assignments. Juveniles are not required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the facility or grounds, personal hygienic needs, or part of an approved training or community service program.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.42 Volunteers. If a facility uses volunteers, the operational plan under s. DOC 346.04 shall contain policies and procedures relating to the use of volunteers, including recruitment and selection, training and orientation, supervision and evaluation, duty and responsibility assignments, and termination.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.43 Canteen. If a facility provides canteen, vending or other similar services for juveniles, the operational plan under s. DOC 346.04 shall contain policies and procedures for use of the service. If there is a canteen, regular accounting procedures shall be followed.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

Subchapter VII — Security

DOC 346.44 Observation of juveniles.

(1) All areas occupied by juveniles shall be physically observed at irregular intervals to ensure the custody, safety and welfare of the juveniles.

(2) At a minimum, officers shall physically observe each juvenile at irregular intervals according to the following schedule:

(a) Juveniles in behavioral segregation, discipline and control, suicide watch or other special needs status at least every fifteen minutes.

(b) Juveniles in receiving cells or holding rooms at least every fifteen minutes.

(c) Except as provided in par. (a) or (b), juveniles in general population or administrative segregation at least every thirty minutes.

(3) Each observation shall be documented.

(4) Closed circuit television is not a substitution for physical observations by officers.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.45 Searches. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to searches to ensure the safety and security of the facility, juveniles, staff, or public, including all of the following components:

(1) Search of facility premises.

(2) Search of the living quarters of juveniles, including their personal property.

(3) Searches of juveniles.

(4) Searches of visitors.

(5) Searches of professional staff.

(6) Searches of volunteers.

(7) Searches of staff.

(8) Strip searches may be conducted only in accordance with s. 968.255 (2) and (3), Stats.

(9) Searches may not be conducted as a disciplinary measure.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.46 Security practices.

(1) There shall be at least 3 complete sets of secure area and fire escape keys, one set in use, one set stored in a safe place which is accessible only to staff workers for use in an emergency and one set stored in a secure place outside the confinement area.

(2) There shall be an accurate record of the location of all keys.

(3) All staff workers shall be given instructions concerning the use and storage of the keys and shall be held strictly accountable for keys assigned to them.

(4) All staff workers shall be familiar with the locking system of the secure area and able to release juveniles promptly in the event of a fire or other emergency.

(5) The superintendent shall ensure that monthly inspections are made to determine if cell, dormitory and fire escape locks are in good working order. The inspections shall be documented.

(6) An approved security door with security glass observation openings shall be provided for locked entrances into all confinement rooms and areas.

(7) Any damage to the facility which compromises safety or security shall be promptly and securely repaired.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

Subchapter VIII — Discipline

DOC 346.47 Discipline. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to discipline of juveniles, including all of the following components:

(1) At the time of admission, each juvenile shall be notified verbally and provided with a copy of the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Copies of the rules shall be posted in conspicuous places.

(2) Documentation of a rule infraction and any disciplinary action shall be made part of the juvenile’s record as required under s. DOC 346.06.

(3) Disciplinary action shall be determined on an individual basis. Group discipline for the misbehavior of one juvenile is prohibited.

(4) No juvenile may be given authority over another juvenile or be involved in taking disciplinary action against another juvenile.

(5) The following sanctions shall be allowed as disciplinary actions:

(a) Cell confinement, except that cell confinement for 6 hours or more shall not occur unless the juvenile is first given a disciplinary hearing in accordance with s. DOC 346.48. Supervisory personnel shall review cell confinement of less than 6 hours.

(b) Restriction of privileges, including use of radio, television, leisure time materials or canteen, provided that procedures under sub. (6) are followed. Restriction on opportunities for religious worship, food or special dietary requirements, sleep, access to attorneys, courts, legislators, mental health personnel or social workers, and basic health and sanitation requirements is prohibited.

(c) Restriction of family visits, telephone, education, non-privileged mail and exercise when the restriction is directly related to a violation of rules concerning these activities, provided that the procedures under sub. (6) are followed.

(6) A juvenile’s privileges may be restricted for a rule violation after the juvenile is given an opportunity to explain the circumstances of the alleged violation. A supervisor shall review the rule violation and restriction within 24 hours. The supervisor’s review shall include an opportunity for the juvenile to explain the circumstances of the alleged violation.

(7) A juvenile may not be disciplined by corporal or unusual punishment, intentional humiliation, mental abuse, interference with the daily functions of living, the use of chemical agents, the use of restraints such as handcuffs or shackles, or by placement in a cell designed for the administrative or disciplinary segregation of adults.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.48 Disciplinary hearings. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to disciplinary hearings, including all of the following components:

(1) Whenever cell confinement of 6 hours or more is proposed as a disciplinary measure, the juvenile shall be given a disciplinary hearing. Notice of the hearing and specific charges shall be given at least 12 hours prior to the hearing unless the notice is waived by the juvenile. The juvenile shall be advised of the following rights:

(a) The right to request the presence of available material witnesses.

(b) The right to have the facility provide a staff advocate or adequate substitute to assist the juvenile in responding to the charges.

(2) The disciplinary hearing shall be held before an impartial hearing officer or committee within 24 hours of receipt of the written notice by the juvenile.

(3) At the hearing, the juvenile or the juvenile’s representative shall be entitled to call witnesses and present documentary evidence which are material to the determination of the facts of the alleged violation.

(4) No later than 24 hours after the hearing, the hearing officer shall issue a written decision and instructions for possible appeal to the superintendent.

(5) A juvenile may waive the right to a disciplinary hearing in writing at any time. A waiver does not constitute an admission of the alleged violation.

(6) A juvenile may appeal the decision of the hearing officer to the superintendent within 24 hours of receipt of the decision.

(7) The superintendent shall issue a written decision no later than 24 hours after receipt of an appeal under sub. (6).

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.49 Control. The operational plan under s. DOC 346.04 shall contain policies and procedures for the control of juveniles, including all of the following components: