Chapter DOC 371

DOC 371.19   Periodic aftercare progress review.

DOC 371.20   Discharge of a youth.

DOC 371.21   Type 2 secured correctional facility.

Ch. DOC 371 Note Note: Chapter HSS 331 as it existed on June 30, 2000 was repealed and a new Chapter DOC 371 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 371.01 DOC 371.01 Authority and purpose.

DOC 371.01(1) (1) This chapter is promulgated under the authority of ss. 227.11 (2) (a) and 938.48 (16), Stats., to establish standards and procedures to be followed by department staff in identifying a youth’s program needs, establishing a case management plan to address those program needs while in a type 1 or type 2 secured correctional facility or on aftercare and for making decisions regarding the extension, release, transfer or discharge of youth.

DOC 371.01(2) (2) Through this chapter, the department seeks to achieve all of the following goals:

DOC 371.01(2)(a) (a) To provide the care and control of each youth required for the protection of the public.

DOC 371.01(2)(b) (b) To identify specific, objective short-term and long-term program needs for each youth and to outline a case plan that will assist in meeting the program needs.

DOC 371.01(2)(c) (c) To provide a safe, humane and caring environment.

DOC 371.01(2)(d) (d) To provide opportunities for youth to learn skills that will assist them in avoiding a return to criminal behavior.

DOC 371.01(2)(e) (e) To assist youth in their reintegration to the community.

DOC 371.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.02 DOC 371.02 Applicability. This chapter applies to the department and county departments and all youth who have been placed by a court in a type 1 or type 2 secured correctional facility under the supervision of the department or on aftercare under the supervision of the department or a county department consistent with the requirements of law.

DOC 371.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.03 DOC 371.03 Definitions. In this chapter:

DOC 371.03(1) (1) “Assessment and evaluation” or “A&E” means the orientation of youth to an institution and the process for evaluating a youth’s history and needs in a type 1 secured correctional facility.

DOC 371.03(2) (2) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 371.03(3) (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 secured correctional facility by the department or a county department until the expiration or termination of the youth’s court ordered supervision.

DOC 371.03(3m) (3m) “Aftercare case plan” means “aftercare plan” as defined in s. 938.357 (4g), Stats.

DOC 371.03(4) (4) “Aftercare provider” means the department or the county department designated to provide aftercare supervision under s. 938.34 (4n), Stats.

DOC 371.03(5) (5) “Agent” means a person, or that person’s designee, employed by the department or a county department who provides aftercare supervision or community supervision for a youth who has a type 2 status under s. 938.533 (3) (b), 938.538 (4) or 938.539, Stats., and who is authorized to make decisions regarding aftercare or community supervision matters.

DOC 371.03(6) (6) “Alternate care placement” means the placement of a youth in an alternate placement, including placement in a child caring institution, group home, foster home or treatment foster home.

DOC 371.03(7) (7) “Assessment and evaluation report” means the written comprehensive assessment of a youth’s background and needs prepared during the youth’s assessment and evaluation.

DOC 371.03(8) (8) “Corrective sanctions program” means the program under s. 938.533, Stats.

DOC 371.03(9) (9) “County department” means a county department under s. 938.02 (2g), Stats.

DOC 371.03(10) (10) “Day” means a calendar day.

DOC 371.03(11) (11) “Department” means the department of corrections.

DOC 371.03(12) (12) “Discharge” means discharge from supervision.

DOC 371.03(13) (13) “Division” means the department’s division of juvenile corrections.

DOC 371.03(14) (14) “Educational evaluation report” means a written report completed during assessment and evaluation that describes a youth’s school history, identifies present performance levels and educational deficits and recommends an individual educational plan.

DOC 371.03(15) (15) “Extended jurisdiction” means the continued jurisdiction of a court over a youth until the age of 21 or 25 as ordered by the court under s. 48.366, Stats.

DOC 371.03(16) (16) “Extension” means the extension of a youth’s dispositional order, as provided under s. 938.365, Stats.

DOC 371.03(17) (17) “Guardian” means the person named by the court having the duty and authority of guardianship.

DOC 371.03(18) (18) “Institution” means a type 1 secured correctional facility.

DOC 371.03(19) (19) “JPRC” means the joint planning and review committee which makes short-term and long-term planning recommendations for youth with membership consisting of a representative of the type 1 secured correctional facility in which the youth resides, the assigned OJOR reviewer, a representative of the committing county and a representative of the aftercare provider.

DOC 371.03(20) (20) “Juvenile classification system” means a structured and consistent method of case decision-making based upon an assessment of a youth’s criminal history, program needs and risk of continued criminal activity.

DOC 371.03(21) (21) “Needs assessment instrument” has the meaning given in s. 938.549 (1) (b), Stats.

DOC 371.03(22) (22) “OJOR” means the division’s office of juvenile offender review.

DOC 371.03(23) (23) “Parent” has the meaning given in s. 938.02 (13), Stats.

DOC 371.03(24) (24) “Regional chief” means a division regional manager or that person’s designee who is responsible for oversight of community correctional services.

DOC 371.03(25) (25) “Release status” means the status of a youth who has been released from a type 1 or type 2 secured correctional facility to a release placement, including the youth’s home, a relative’s home, foster home, group home, child caring institution or independent living.

DOC 371.03(26) (26) “Risk assessment instrument” means an instrument used to evaluate the likelihood that a youth may continue delinquent or criminal activity.

DOC 371.03(27) (27) “Serious juvenile offender” means a person to whom the court has given the disposition specified in s. 938.34 (4h), Stats.

DOC 371.03(28) (28) “Staff” means an employee of the department.

DOC 371.03(29) (29) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 371.03(30) (30) “Supervision” means the rights and duties of the department or a county department under ss. 48.366 and 938.505, Stats., with respect to a youth placed in a type 1 or type 2 secured correctional facility or on aftercare by a court or by the department.

DOC 371.03(31) (31) “Supervisor” means a department or a county department employee responsible for the supervision or administration of aftercare supervision or that person’s designee.

DOC 371.03(32) (32) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 371.03(33) (33) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 371.03(34) (34) “Waived offender” means a youth who is convicted of a crime after the juvenile court waived jurisdiction under s. 938.18, Stats., and is placed in a type 1 secured correctional facility pursuant to s. 973.013 (3m), Stats.

DOC 371.03(35) (35) “Youth” means a person or persons under the supervision of the department or a county department consistent with the requirements of law regardless of age.

DOC 371.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 371.04 DOC 371.04 Purpose and duration of A&E.

DOC 371.04(1) (1) A&E begins with a youth’s placement with the department. The purposes of A&E are all of the following:

DOC 371.04(1)(a) (a) To verify the legal authority to detain or accept placement of a youth.

DOC 371.04(1)(b) (b) To promptly notify the agent and the parent or guardian of a youth that the youth has been admitted to a type 1 secured correctional facility.

DOC 371.04(1)(c) (c) To formally identify a youth as an active case in the juvenile corrections system and to notify other agencies as appropriate.

DOC 371.04(1)(d) (d) To assist a youth in notifying family members of the procedures for mail and visiting.

DOC 371.04(1)(e) (e) To conduct a comprehensive evaluation of a youth’s background and program needs including the writing of the assessment and evaluation report, the family and home assessment and the education evaluation report and to complete a needs and risk assessment using the juvenile classification system instruments.

DOC 371.04(1)(f) (f) To evaluate and make recommendations for the academic, vocational, health, social, psychological and security needs of a youth.

DOC 371.04(1)(g) (g) To provide a youth with an orientation to the rules and programs of the department.

DOC 371.04(1)(h) (h) To answer a youth’s questions.

DOC 371.04(1)(i) (i) To recommend an appropriate placement for a youth.

DOC 371.04(2) (2) A&E shall be completed within 35 days from the date a youth arrives at the institution.

DOC 371.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.05 DOC 371.05 Orientation during A&E.

DOC 371.05(1) (1) Staff shall provide youth with an orientation to the department. The orientation shall provide youth with appropriate information about all of the following:

DOC 371.05(1)(a) (a) Division programs that are available to a youth while in type 1 or type 2 secured correctional facilities or on aftercare.

DOC 371.05(1)(b) (b) Criteria used in the development of a youth’s case plan and for assignment to specific programs.

DOC 371.05(1)(c) (c) The procedure and criteria for a youth to earn transfer or release from an institution.

DOC 371.05(1)(d) (d) The conduct rules under s. DOC 373.05 and institution policies and procedures which a youth must observe.

DOC 371.05(1)(e) (e) The youth complaint procedure under ch. DOC 380.

DOC 371.05(2) (2) Staff shall make information under sub. (1) accessible to youth in all of the following ways:

DOC 371.05(2)(a) (a) Staff shall provide youth with a copy of the rules of conduct that youth are required to follow and the programs available at the institution in which a youth is placed.

DOC 371.05(2)(b) (b) During the A&E process and thereafter, staff shall provide youth with access to written materials describing the expectations for youth and the programs available to youth, including the administrative rules of the department and any available institution handbooks.

DOC 371.05(2)(c) (c) If a youth has special language or developmental needs, staff shall provide the youth with an orientation program that communicates the information required by this section.

DOC 371.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.06 DOC 371.06 Evaluation during A&E.

DOC 371.06(1) (1) Staff shall determine each youth’s program needs during A&E.

DOC 371.06(2) (2) Determination of a youth’s program needs requires all of the following reports:

DOC 371.06(2)(a) (a) The youth’s agent completes a family and home assessment report that includes the delinquency family assessment and juvenile parole risk assessment as described in s. DOC 371.07.

DOC 371.06 Note Note: The department intends that “aftercare” be used rather than “parole”.

DOC 371.06(2)(b) (b) The institution social worker completes an assessment and evaluation report that incorporates the delinquency youth assessment as described in s. DOC 371.08.

DOC 371.06(2)(c) (c) The institution education staff complete the education evaluation report as described in s. DOC 371.09.

DOC 371.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.07 DOC 371.07 Family and home assessment.

DOC 371.07(1) (1) Purpose. The purpose of the family and home assessment report is to provide the department with accurate, complete and relevant information upon which to base correctional, transfer, release, extension and discharge decisions for a youth.