Wisconsin Legislature: DOC 371.03(20)

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

(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.

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

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

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

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.

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

DOC 371.03 Definitions. In this chapter:

(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.

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

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

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

(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.

(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.

(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.

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

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

(10) “Day” means a calendar day.

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

(12) “Discharge” means discharge from supervision.

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

(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.

(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.

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

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

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

(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.

(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.

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

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

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

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

(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.

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

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

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

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

(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.

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

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

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

(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.

(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.

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 Purpose and duration of A&E.

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

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

(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.

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

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

(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.

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

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

(h) To answer a youth’s questions.

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

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

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

DOC 371.05 Orientation during A&E.

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

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

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

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

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

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

(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.

(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.

(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.

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

DOC 371.06 Evaluation during A&E.

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

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

(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.

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

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

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

DOC 371.07 Family and home assessment.

(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.

(2) When prepared. The agent shall prepare the family and home assessment report and forward copies to the JPRC at least 3 days prior to the initial JPRC conference under s. DOC 371.10.

(3) Content. The family and home assessment report shall include all of the following:

(a) Information relevant to sub. (1), which is not included in the court report, correctional placement report or serious juvenile offender report. It shall include information relating to family attitude toward commitment, family perception of the program needs, family perception of community, the youth’s potential for reintegration into the family, potential and family attitude regarding alternate care placement as a transition to home placement.

(b) Information obtained on the delinquency family assessment instrument which is used to determine treatment needs of a youth in the context of the family and juvenile parole risk assessment which is used to predict the potential of a youth to engage in future criminal activity.

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

(c) The agent’s assessment and impressions of the youth’s potential for reintegration into the family and individual needs.

(d) Recommendations for programs that a type 1 or type 2 secured correctional facility or aftercare provider may provide to meet a youth’s program and security needs, consistent with available resources.

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