Wisconsin Legislature: DOC 347.50(1)(c)

(8) The facility shall ensure there is no sustained sound contact between youth and adult inmates.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.49 Administrative confinement.

(1) Administrative confinement may only be used for a youth who poses a serious risk of imminent physical harm to others or facility security.

(2) The facility shall designate on-site supervisory staff who may initiate administrative confinement and remove youth from administrative confinement.

(3) If at any point the youth no longer poses a risk of imminent physical harm, the youth must be immediately returned to general population.

(4) An initial period of administrative confinement may not exceed 4 hours for a youth posing a risk of imminent physical harm to others.

(5) Administrative confinement may be extended 4 hours with one additional 4-hour extension thereafter (for a total of up to 12 hours) if all of the following occur:

(a) A qualified mental health professional recommends continued confinement because the youth poses a risk of imminent physical harm to others.

(b) A plan is commenced to either promptly return the youth to general population or transfer the youth to another facility.

(6) Administrative confinement time limits may be tolled from 8 p.m. to 8 a.m.

(7) Administrative confinement may only be used beyond 24 hours to effectuate transfer of the youth to another facility under a commenced plan.

(8) The facility shall notify the following individuals of an administrative confinement placement as soon as practicable:

(a) A qualified mental health professional.

(b) A qualified health care professional.

(d) The youth’s parent or guardian.

(e) The county or tribe of placement.

(9) The facility shall document all actions and decisions regarding youth in administrative confinement to include all of the following:

(a) Date, time, and name of supervisor making placement.

(b) Reason placement is initiated or extended.

(d) Date, time, reason, and name of qualified mental health professional extending the placement.

(e) Date, time, and name of supervisor removing placement.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.50 Use of force.

(1) General provisions.

(a) Physical force may be used as a last resort and in accordance with appropriate statutory authority.

(b) Staff may only use the amount of force reasonably necessary to achieve the objective for which force is used.

(c) Staff shall only use physical force by employing the least restrictive appropriate means and only for the amount of time necessary to bring the situation under control.

(d) Using physical force for punishment, discipline, retaliation, or as a substitute for treatment is prohibited.

(2) Incident reporting.

(a) Any staff member who uses force or witnesses a use of force shall submit a written report describing the incident to their supervisor for review. The report shall include all known relevant facts and be submitted by the end of the shift.

(b) A supervisor shall review and document all use of force incidents.

(d) Facility procedures shall address the role, notification, and follow-up of qualified health care and mental health professionals following use of force incidents.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.51 Use of mechanical restraints.

(1) Youth may never be restrained to a fixed object, unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

(2) Mechanical restraints may only be applied to youth if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others or damage to property.

(3) Mechanical restraints must be removed immediately upon the youth regaining composure and when the threat of harm or the safety concern has abated.

(4) Mechanical restraints may never be used as punishment.

(5) A youth may be placed in the least restrictive mechanical restraints when leaving the secure perimeter of the facility to prevent harm to youth or staff.

(6) Except under circumstances described in sub. (5), the incident reporting procedure outlined in s. DOC 347.50 (2) shall apply if a youth is mechanically restrained.

(7) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least once every 15 minutes, with the actual time of the observation or intervention recorded.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.52 Fire safety and emergency preparedness.

(1) The facility shall comply with applicable federal, state, and local fire safety codes.

(2) The facility shall have and shall properly maintain self-contained breathing apparatuses and fire extinguishers sufficient to support the need of the facility as determined by the local fire department. The facility shall place the equipment in accordance with the advice of the local fire department.

(3) The facility shall maintain a record of all fire inspections conducted as required under sub. (1).

(4) Staff shall conduct and document monthly fire safety inspections of the facility.

(5) The facility shall have the means to evacuate youth in the event of fire or other emergency.

(6) A written fire evacuation plan shall be developed and maintained in accordance with recommendations from the local fire department. The evacuation routes developed as a part of the evacuation plan shall be posted in a conspicuous place for staff.

(7) Fire drills shall be conducted at least quarterly on each shift and documented.

(8) The facility shall develop and maintain an emergency operation procedure. The procedure shall be readily accessible for staff to reference and include instructions for all of the following:

(a) Major disturbances.

(b) Natural disasters.

(9) First aid kits and other emergency response equipment shall be available in designated areas of the facility. Inventories shall be conducted and documented monthly.

(10) The facility shall have access to an alternate power source to maintain essential services in an emergency. Quarterly tests of the alternate power source shall be conducted and documented.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter X — Behavior Management

DOC 347.53 Youth conduct.

(1) The facility shall have a system of incentives for positive youth behavior.

(2) The facility shall have written rules of behavior for youth.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.54 Discipline.

(1) At the time of admission, each youth shall be notified of and provided access to the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Youths’ receipt of the facility rules shall be documented.

(2) The facility shall have a graduated array of dispositions to address youth rule violations.

(3) Disciplinary action shall be determined on an individual basis. Staff may not use group punishment as a sanction for the negative behavior of an individual youth.

(4) Only staff may administer youth rule violation dispositions.

(5) Staff shall consider whether a youth’s disability, mental illness, special education status, or limited English proficient status contributed to the behavior when assigning consequences for violations of the facility’s rules. Staff should consult with a qualified mental health professional when making that decision.

(6) Staff may restrict a youth’s privileges for a rule violation if all of the following occur:

(a) The youth is given the opportunity to explain the circumstances of the alleged violation. The youth’s statement or refusal shall be documented. A supervisor shall document their review of the rule violation, the youth’s statement, and restriction within 24 hours.

(b) Any restriction shall be directly related to the violation.

(7) Dispositions may not include any of the following:

(a) Room restriction.

(b) Withholding of basic necessities such as food, water, toilet, clothing, sleep, or the use of materials necessary to maintain a basic level of personal hygiene.

(c) Restriction of access to religious worship, attorneys, privileged mail, courts, legislators, and medical and mental health services.

(d) Restriction of exercise.

(e) Corporal, unusual, or humiliating punishment.

(f) Use of mechanical restraints.

History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.55 Disciplinary procedures.

(1) A staff member who observes a youth committing a rule violation shall inform the youth of the rule that was violated and the disciplinary procedure.

(2) A staff member shall offer the youth the opportunity to provide a statement. Staff shall document the youth’s statement or their refusal to provide a statement.

(3) Staff shall inform the youth that the disciplinary report and statement will be forwarded to the supervisor or designee for review and determination of disposition.

(4) An impartial supervisor or designee shall immediately review the disciplinary report and youth’s statement, render a decision, and notify the youth immediately. If the supervisor finds that no violation occurred, the youth shall be notified that the charge has been dismissed. The supervisor shall document their review.

(5) The youth shall be notified of their right to appeal the supervisor’s decision.