Chapter DOC 371

DOC 371.09 DOC 371.09 Education evaluation report.

DOC 371.09(1) (1) Staff shall assess each youth’s educational needs during A&E.

DOC 371.09(2) (2) Staff shall prepare a written education evaluation report that shall do all of the following:

DOC 371.09(2)(a) (a) Describe and assess a youth’s prior school history, including special programs that were provided or recommended.

DOC 371.09(2)(b) (b) Report the names and results of the assessment instruments used to determine a youth’s present level of educational achievement.

DOC 371.09(2)(c) (c) Identify the primary learning styles and the most critical educational achievements and deficits of a youth.

DOC 371.09(2)(d) (d) Identify specific areas in which a youth needs transition services while in an institution or on aftercare.

DOC 371.09(2)(e) (e) Recommend an individual educational plan in compliance with federal and state statutes and regulations governing the education of youth.

DOC 371.09(3) (3) Staff shall complete the education evaluation report at least 3 days prior to the initial JPRC conference conducted under s. DOC 371.10.

DOC 371.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.10 DOC 371.10 Initial JPRC conference.

DOC 371.10(1) (1) Purpose. Within 35 days after a youth’s admission to an institution, OJOR shall conduct the initial JPRC conference to report and discuss the findings and recommendations of the A&E staff and to identify the priority program needs of the youth. OJOR shall invite all members of the JPRC, the parent of a youth under the age of 18 years or a guardian to offer additional information and to make recommendations concerning program needs.

DOC 371.10(2) (2) Notice. OJOR shall give timely notification of the conference to the members of the JPRC, the youth, the parent of a youth under the age of 18 years or a guardian. Notice shall be written and include the criteria for review, issues to be considered, notice of the opportunity to make recommendations at the conference and notice that the youth has a right to appear, unless the youth’s conduct is disruptive or the youth presents a danger to self or others.

DOC 371.10(3) (3) Procedure. The procedure for the initial JPRC conference shall include all of the following:

DOC 371.10(3)(a) (a) The OJOR representative shall act as chairperson of the conference. The JPRC shall review the assessment and evaluation report, the education evaluation report, the family and home assessment, the needs assessment prepared by the both the institution and the agent and the risk assessment prepared by the agent.

DOC 371.10(3)(b) (b) The OJOR representative shall request that the parents or guardian, if present, offer ideas and make suggestions regarding the youth’s program needs and the direction of the case plan.

DOC 371.10(3)(c) (c) The OJOR representative shall provide the youth an opportunity to appear or make a written statement, to offer ideas and suggestions concerning programming and to answer questions. If the youth is unable to participate, the institution social worker shall represent his or her interests.

DOC 371.10(3)(d) (d) The JPRC shall develop recommendations that are consistent with the goals of s. DOC 371.01 and the facts of the case relating to the delinquency adjudication, the court ordered disposition and the needs of the youth. The OJOR representative shall provide the youth and parents of a youth under the age of 18 years or guardian with a copy of the recommendations. The recommendations may relate to all of the following:

DOC 371.10(3)(d)1. 1. Placement of the youth in a type 1 or type 2 secured correctional facility or on aftercare in the youth’s home, an independent living arrangement or an alternate care facility.

DOC 371.10(3)(d)2. 2. Discharge from supervision.

DOC 371.10(3)(d)3. 3. Whether a recommendation shall be made to the court concerning extension of the dispositional order.

DOC 371.10(3)(d)4. 4. Broad program goals that address needs identified during the A&E process.

DOC 371.10(4) (4) Individual case plans.

DOC 371.10(4)(a) (a) The receiving institution shall prepare a case plan consistent with par. (b) for each youth within 21 days after the initial JPRC conference and distribute copies to all members of the JPRC. When a youth is transferred to another institution as a result of the initial JPRC conference, the receiving institution shall complete an individual case plan for the JPRC as soon as possible, but no later than 21 days after receipt of the youth. For youth transferred to type 2 secured correctional facilities after the initial JPRC conference, case-planning procedures shall be accomplished under s. DOC 371.21.

DOC 371.10(4)(b) (b) Institution program staff shall develop a case plan for each youth based on the youth’s needs and shall review the plan regularly with the youth. Program staff may change the case plan at any time depending on the youth’s needs and progress. The case plan shall take into account the goals set by the JPRC and shall include all of the following:

DOC 371.10(4)(b)1. 1. Short-term and long-term objectives.

DOC 371.10(4)(b)2. 2. Interventions and strategies to be implemented to achieve the objectives.

DOC 371.10(4)(b)3. 3. The staff who are assigned responsibility for implementing and documenting progress on each objective.

DOC 371.10(4)(b)4. 4. A tentative community placement plan and a projected placement date.

DOC 371.10(5) (5) Decisions.

DOC 371.10(5)(a) (a) OJOR decisions. OJOR shall make decisions regarding a youth’s release from a type 1 secured correctional facility, administrative transfer, any special conditions of release, a placement category for youth on community supervision, and requests to the court for an extension of supervision.

DOC 371.10(5)(b) (b) Type 1 or type 2 secured correctional facility decisions. The type 1 or type 2 secured correctional facility shall determine the youth’s treatment, educational, vocational or other daily activities, taking into consideration the JPRC recommendations under sub. (3) (d). All programs at each facility shall include privileges (positive reinforcers) that youth may earn by exhibiting positive behaviors. The linking of a privilege with positive behavior creates a reward system in which staff acknowledges a youth’s positive behavior.

DOC 371.10(5)(c) (c) Notice of decisions. The decisions of OJOR under par. (a) shall be in writing and shall be forwarded by OJOR to the youth, the parents of a youth under the age of 18 or guardian and the members of the JPRC within 7 days following the initial JPRC conference.

DOC 371.10(5)(d) (d) Implementation of decisions. If the program assignment under par. (b) cannot be implemented, staff shall document that fact and notify OJOR and the administrator. The administrator, in consultation with OJOR, shall determine the program assignment.

DOC 371.10(6) (6) Request for review. JPRC members may request review by the administrator of decisions made under sub. (5). The person requesting a review shall submit the request in writing to the OJOR director within 7 days of the day the decision is issued. The administrator shall issue a final decision within 7 days of receipt of the request for review. Failure of the administrator to issue a decision within 7 days affirms the decisions made under sub. (5).

DOC 371.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.11 DOC 371.11 Administrative transfer. The department may transfer youth between institutions, between type 1 and type 2 secured correctional facilities or to adult institutions as follows:

DOC 371.11(1) (1) OJOR may transfer youth from A&E to a type 1 or type 2 secured correctional facility and between type 1 and type 2 secured correctional facilities at any time during DJC supervision of a youth. The decision to transfer a youth may be based on, but is not limited to, any of the following considerations:

DOC 371.11(1)(a) (a) Public safety.

DOC 371.11(1)(b) (b) The youth’s committing offense.

DOC 371.11(1)(c) (c) Assessment of the youth’s needs.

DOC 371.11(1)(d) (d) Assessment of the potential for future delinquent or criminal activity.

DOC 371.11(1)(e) (e) Physical aggressiveness.

DOC 371.11(2) (2) Under this provision, “assistant administrator” means the division assistant administrator directly responsible for supervising type 1 secured correctional facilities.

DOC 371.11(2)(a) (a) A superintendent or the assistant administrator for juvenile institutions may transfer youth between type 1 institutions.

DOC 371.11(2)(b) (b) If any member of the JPRC disagrees with a superintendent’s decision to transfer a youth, the member may appeal to the assistant administrator who will make a decision within 10 days.

DOC 371.11(3) (3) The department may transfer a youth with an adult conviction only and a youth with both an adult conviction and a juvenile commitment from an institution to an adult institution consistent with the requirements of law. OJOR may recommend to the administrator the transfer of a youth with an extended court jurisdiction disposition under s. 48.366, Stats., from an institution to an adult institution. The factors to be considered include the following:

DOC 371.11(3)(a) (a) The extent to which the youth’s conduct in an institution is violent and disruptive.

DOC 371.11(3)(b) (b) The security needs of the institution.

DOC 371.11(3)(c) (c) The extent to which the youth is refusing to participate in the treatment programs provided for the youth in the institution.

DOC 371.11(3)(d) (d) The maturity of the youth, the extent to which the program needs of the youth can be met in an adult institution and the extent to which the youth may be vulnerable in an older population in an adult institution.

DOC 371.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.12 DOC 371.12 Periodic progress reviews.

DOC 371.12(1) (1) Purpose. OJOR shall review a youth’s progress and the appropriateness of release, transfer or discharge, for each youth in a type 1 secured correctional facility.

DOC 371.12(1)(a) (a) OJOR shall hold a formal conference at least once every 6 months for each youth in an institution, except for youth who have only an adult conviction. OJOR shall also schedule a formal conference if requested by a member of JPRC. All JPRC members attend a formal conference. The youth shall be permitted to attend the formal conference, unless health or security needs of the youth preclude attendance, in which case OJOR staff shall interview the youth. OJOR invites parents to attend.

DOC 371.12(1)(b) (b) OJOR may conduct informal reviews of youth in an institution at any time. An informal review may be conducted with or without the attendance of the youth. OJOR reviews the youth’s progress at an informal review. Members of the JPRC, other than OJOR, do not participate in an informal review.

DOC 371.12(2) (2) Notice.

DOC 371.12(2)(a) (a) OJOR shall send timely notice of a formal conference to the youth, the parents of a youth under the age of 18 or legal guardian and JPRC members. The notice shall state the date, time, place and purpose of the conference.

DOC 371.12(2)(b) (b) When OJOR schedules an informal review, OJOR shall give the youth prior notice regarding the week in which the review will take place.

DOC 371.12(3) (3) Request for review. A superintendent, committing county, agent or OJOR may at any time propose action relating to a youth by submitting a request for review to each JPRC member.

DOC 371.12(3)(a) (a) A formal conference does not need to be scheduled by OJOR if all JPRC members agree in writing with the proposed action.

DOC 371.12(3)(b) (b) If all members do not agree with the proposed action, OJOR shall conduct a formal conference under sub. (1) to determine if the proposed action is appropriate.

DOC 371.12(3)(c) (c) A youth or a youth’s parent or guardian may ask the institution social worker or agent to propose action relating to the youth, if a significant change in circumstances has occurred that would justify the action.

DOC 371.12(4) (4) Progress summary. Prior to formal conferences or scheduled informal reviews, and at least every 90 days, the institution shall conduct a review of a youth’s individual case plan to determine whether the goals and case plan continue to be appropriate.

DOC 371.12(4)(a) (a) The review under this subsection shall consist of a file review and interviews of staff responsible for implementing the case plan and educational services.

DOC 371.12(4)(b) (b) The institution shall send a written progress summary under this subsection to each JPRC member prior to the OJOR review under sub. (1). The summary shall describe the youth’s progress toward meeting individual goals, programs and interventions, any relevant change in available resources, any proposed modifications to the case plan, including recommendations for extension, release or discharge and the reasons for any proposed change in the plan.

DOC 371.12(4)(c) (c) A progress summary under par. (b) is not required if a progress summary was completed within the previous 45 days.

DOC 371.12(5) (5) Procedure.

DOC 371.12(5)(a) (a) OJOR shall encourage all persons in attendance at a formal conference to review and discuss the youth’s progress.

DOC 371.12(5)(b) (b) OJOR shall review the progress summary under sub. (4) (b) as part of an informal review.

DOC 371.12(5)(c) (c) OJOR shall consider the contents of the progress summary under par. (b) and consult with all members of the JPRC prior to making a youth eligible for release [discharge] or administrative transfer or ordering a petition to the court for extension.

DOC 371.12(6) (6) Aftercare. OJOR may release a youth to aftercare from either a type 1 or type 2 secured correctional facility.

DOC 371.12(7) (7) Decision and request for review. The procedures under s. DOC 371.10 (5) and (6) apply to decisions made pursuant to this section.

DOC 371.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.13 DOC 371.13 Youth under extended court jurisdiction.

DOC 371.13(1) (1) This section applies to youth under extended court jurisdiction under s. 48.366, Stats.

DOC 371.13(2) (2) Institution program staff shall conduct case management for youth under extended court jurisdiction in accordance with this chapter, except that the requirements of this section shall prevail over the requirements of any section in this chapter which are in conflict with this section.

DOC 371.13(3) (3) Formal conferences shall be conducted and informal reviews may be conducted by OJOR as provided in s. DOC 371.12.

DOC 371.13(4) (4) The administrator may place a youth in an adult correctional institution when authorized by statute as provided in s. DOC 371.11 (3).

DOC 371.13(5) (5) The department shall obtain court approval under s. 48.366, Stats., before a youth is released or discharged from an institution.

DOC 371.13(5)(a) (a) Any JPRC member may submit a written recommendation for aftercare to OJOR.

DOC 371.13(5)(b) (b) OJOR may recommend to the administrator that a youth be released to aftercare or to a type 2 placement or discharged, after consulting with the other members of JPRC. The administrator may direct that a petition be filed by the department with the court under s. 48.366, Stats., stating the recommendation and the proposed plan for the youth.

DOC 371.13(5)(c) (c) When a youth in a type 1 secured correctional facility appears appropriate for discharge, the superintendent shall submit a written recommendation for discharge to OJOR. The administrator may then direct that a petition be filed by the department with the court under s. 48.366, Stats., stating the recommendation and the proposed plan for the youth.

DOC 371.13(6) (6) Consistent with s. 48.366 (5) (c), Stats., a youth has a right to file a petition once a year with the court on his or her own behalf, requesting release to aftercare.

DOC 371.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.14 DOC 371.14 Waived youth and original adult court jurisdiction youth.

DOC 371.14(1) (1) This section applies to youth who are convicted of a criminal offense in adult court under s. 938.18 or 938.183, Stats., and sentenced to the Wisconsin state prisons.

DOC 371.14(2) (2) The sentence structure for a youth subject to original adult court jurisdiction shall be computed in accordance with ch. DOC 302. Youth are subject to the provisions of chs. PAC 1, DOC 328 and 331 regarding aftercare.

DOC 371.14 Note Note: The term used in chs. PAC 1, DOC 328 and 331 is parole not aftercare.