Chapter DOC 371

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.

DOC 371.14(3) (3) Staff shall conduct case planning for a youth sentenced by the adult court in accordance with this chapter with the following exceptions:

DOC 371.14(3)(a) (a) A family and home assessment shall not be prepared and an agent shall not be assigned.

DOC 371.14(3)(b) (b) The parole commission under ch. 304, Stats., has the responsibility for parole decisions.

DOC 371.14(4) (4) The department may transfer a youth to an adult correctional institution consistent with the requirements of law and s. DOC 371.11 (3).

DOC 371.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 371.15 DOC 371.15 Aftercare and administrative transfer of a youth.

DOC 371.15(1) (1) Placement authority. OJOR shall determine when to place a youth on aftercare from a type 1 or type 2 secured correctional facility or to administratively transfer a youth from a type 1 secured correctional facility to a type 2 secured correctional facility.

DOC 371.15(2) (2) Termination authority. The administrator or his or her designee shall determine whether a youth should be terminated from a type 2 secured correctional facility, consistent with s. DOC 396.12. A department order shall be signed to administratively transfer a youth from a type 2 secured correctional facility to reception at a type 1 secured correctional facility.

DOC 371.15(3) (3) Recommendation. The committing county, superintendent or agent may recommend to OJOR, consistent with s. DOC 371.12 (3) that a youth be placed on aftercare or transferred at any time. The aftercare case plan under s. DOC 371.16 is not required to make an aftercare decision, but shall be considered if available.

DOC 371.15(4) (4) Procedures. OJOR shall use the review procedures in s. DOC 371.12 to review recommendations under sub. (3). When OJOR considers a recommendation for aftercare or transfer at an informal review or any unscheduled time, OJOR shall consult with members of JPRC regarding the appropriateness of aftercare, transfer, placement category or conditions of aftercare or transfer.

DOC 371.15(5) (5) Decision.

DOC 371.15(5)(a) (a) OJOR shall determine whether a youth is eligible for aftercare or transfer and designate a placement category. OJOR may impose conditions on aftercare or transfer.

DOC 371.15(5)(b) (b) OJOR shall make decisions regarding aftercare, transfer, placement category and conditions in writing and shall forward a copy of the decision to the youth, parents of a youth under the age of 18 years or legal guardian and all members of the JPRC within 7 days after completion of the procedure under sub. (4).

DOC 371.15(6) (6) Request for review. JPRC members may submit a written request for review by the administrator to the OJOR director regarding a decision under sub. (4) within 7 days of the day the decision is issued. The administrator shall consult with the OJOR director and issue a final decision in writing within 7 days of receipt of the request by the OJOR director. OJOR shall forward copies of the decision to the party requesting review. Failure of the administrator to issue a decision within 7 days confirms the decision made by OJOR.

DOC 371.15(7) (7) Implementation. When OJOR determines that a youth is eligible for aftercare or transfer and designates a placement category or imposes other conditions on the action, OJOR shall notify the institution social worker and the agent who are responsible for implementing the order.

DOC 371.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.16 DOC 371.16 Aftercare case plan.

DOC 371.16(1) (1) Time limits.

DOC 371.16(1)(a) (a) The agent shall write an aftercare case plan and submit the plan to members of the JPRC 120 days after the date on which the youth is placed in an institution or a secured child caring institution or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier.

DOC 371.16(1)(b) (b) The department may waive the time limits of par. (a) if one of the following conditions exist:

DOC 371.16(1)(b)1. 1. The department anticipates that the youth will remain in an institution or secured child caring institution for a period exceeding 8 months.

DOC 371.16(1)(b)2. 2. The youth is subject to extended jurisdiction under s. 48.366, Stats.

DOC 371.16(1)(b)3. 3. The youth is subject to an adult court criminal sentence.

DOC 371.16(1)(c) (c) If the department waives time limits under par. (b), the agent shall prepare the aftercare case plan within 30 days after the date on which the department requests the aftercare case plan.

DOC 371.16(2) (2) Contents of the aftercare individual case plan. The agent shall base a aftercare case plan upon the institution program goals, the youth’s progress, a current assessment of the youth’s needs and an assessment of the potential for future delinquent or criminal activity. The agent shall consider the completed juvenile classification instruments when writing the aftercare case plan. The aftercare case plan shall include all of the following:

DOC 371.16(2)(a) (a) The minimum number of contacts with the youth’s agent upon initial release.

DOC 371.16(2)(b) (b) The conditions under which a youth’s aftercare status may be revoked.

DOC 371.16(2)(c) (c) The services or programming to be provided to the youth while on aftercare.

DOC 371.16(2)(d) (d) The estimated length of time a youth will need aftercare supervision and services.

DOC 371.16(2)(e) (e) A recommendation for placement upon release and the rationale for that placement.

DOC 371.16(2)(f) (f) An assessment of the youth’s home.

DOC 371.16(2)(g) (g) An educational or vocational plan and employment goals.

DOC 371.16(2)(h) (h) If appropriate, a proposal to seek an extension of a youth’s dispositional order to provide for the care and programming needs of the youth and the protection of the public.

DOC 371.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.