Chapter DOC 373

DOC 373.30   Disrespect.

DOC 373.31   Soliciting staff.

DOC 373.32   Lying.

DOC 373.33   Disruptive conduct.

DOC 373.34   Violating boundaries.

DOC 373.35   Unauthorized forms of communication.

DOC 373.36   Enterprise and fraud.

Subchapter V — Conduct Rules Relating to Property

DOC 373.37   Counterfeiting and forgery.

DOC 373.38   Unauthorized use of or access to records.

DOC 373.39   Theft.

DOC 373.40   Property damage or alteration.

DOC 373.41   Arson.

DOC 373.42   Causing an explosion.

DOC 373.43   Creating a safety hazard.

DOC 373.44   Transfer of property or services.

Subchapter VI — Conduct Rules Relating to Contraband

DOC 373.45   Unauthorized possession of money.

DOC 373.46   Intoxicants and paraphernalia.

DOC 373.47   Weapons.

DOC 373.48   Unauthorized possession or use of tobacco or smoking materials.

DOC 373.49   Unauthorized property.

DOC 373.50   Unauthorized use of the mail.

DOC 373.505   Misuse of state or federal property.

Subchapter VII — Conduct Rules Relating to Movement

DOC 373.51   Leaving an assigned area.

DOC 373.53   Entry of an unauthorized room or area.

DOC 373.54   Tardiness and absence.

Subchapter VIII — Conduct Rules Relating to Safety and Health

DOC 373.55   Creating an unsanitary condition.

DOC 373.56   Misuse of medication.

DOC 373.58   Room disorder.

DOC 373.59   Poor self-maintenance.

Subchapter IX — Miscellaneous Conduct Rules

DOC 373.60   Violation of clothing policy.

DOC 373.61   Gambling.

DOC 373.64   Failure to cooperate with program.

DOC 373.65   Facility policies and procedures.

Subchapter X — Disposition of Conduct Rule Violations

DOC 373.66   Conduct rule violations: possible dispositions.

DOC 373.67   Conditions under which youth who violate conduct rules are not disciplined.

DOC 373.68   Summary disciplinary dispositions.

DOC 373.79   Recordkeeping.

DOC 373.81   Discipline: review by superintendent.

DOC 373.83   Referral for prosecution.

DOC 373.84   Harmless error.

Ch. DOC 373 Note Note: Chapter HSS 333 as it existed on June 30, 2000 was repealed and a new Chapter DOC 373 was created, Register, June, 2000, No. 534, effective July 1, 2000.

subch. I of ch. DOC 373 Subchapter I — General Provisions

DOC 373.01 DOC 373.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 301.025 and 938.48 (16), Stats., and section 9126 (23) (e) of 1995 Act 27 to provide for rules governing the conduct of youth in type 1 secured correctional facilities operated by the department, and for the discipline of youth who violate those conduct rules. In this chapter, the department seeks to achieve all of the following:

DOC 373.01(1) (1) To provide for the protection of the public, staff and youth.

DOC 373.01(2) (2) To operate orderly facilities.

DOC 373.01(3) (3) To deter each youth from committing further delinquent acts.

DOC 373.01(4) (4) To provide a uniform disciplinary process for all facilities which enhances the constructive, individualized programming for youth by doing all of the following:

DOC 373.01(4)(a) (a) Giving each youth prior notice of all conduct rules that apply to the youth.

DOC 373.01(4)(b) (b) Describing all conduct rules in clear, unambiguous language.

DOC 373.01(4)(c) (c) Describing all forms of discipline allowable for violations of the conduct rules.

DOC 373.01(4)(d) (d) Structuring the exercise of discretion by staff in responding to youth misconduct while retaining flexibility in decision-making and preserving fairness.

DOC 373.01(4)(e) (e) Ensuring that each youth is in the appropriate setting necessary to achieve the objectives of ch. 938, Stats., and that discipline be imposed only by staff designated by the superintendent to ensure fair, appropriate and consistent decision-making.

DOC 373.01(4)(f) (f) Provide for routine review of the restrictions placed on a youth to assure that the restrictions are appropriately based on the seriousness of violations by the youth; the youth’s subsequent behavior; and the risk posed by the youth to self, others or facility security.

DOC 373.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (2), (4) (intro.), (e), (f) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.02 DOC 373.02 Applicability. This chapter applies to the department and all youth who are under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

DOC 373.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.03 DOC 373.03 Definitions. In this chapter:

DOC 373.03(2) (2) “Authorized” means any of the following:

DOC 373.03(2)(a) (a) Permitted under department rules.

DOC 373.03(2)(b) (b) Permitted under posted policies and procedures.

DOC 373.03(2)(c) (c) Permitted by staff.

DOC 373.03(5) (5) “Consent” means words or overt actions by a competent person indicating a freely given agreement.

DOC 373.03(6) (6) “Contraband” means any item or items introduced or found in the facility whether illegal or legal that are expressly prohibited by the department or facility policy.

DOC 373.03(7) (7) “Day” means a calendar day.

DOC 373.03(8) (8) “Department” means the department of corrections.

DOC 373.03(9) (9) “Disturbance” means any of the following that has occurred:

DOC 373.03(9)(a) (a) A group disturbance.

DOC 373.03(9)(b) (b) An incident, as defined in s. DOC 376.03 (16).

DOC 373.03(9)(c) (c) A youth has taken a hostage.

DOC 373.03(10) (10) “Facility” means a type 1 juvenile correctional facility, as defined in s. 938.02 (19), Stats.

DOC 373.03(10m) (10m) “Group disturbance” means the disruption or interference of normal facility operations resulting from 3 or more youth participating in actions, threats, demands, or suggestions to advocate disruption or disturbance almost akin to a riot.

DOC 373.03(11) (11) “Harass” means to annoy or irritate repeatedly.

DOC 373.03(12) (12) “Hearing officer” means a staff member designated by the superintendent to conduct disciplinary hearings and perform other functions under this chapter.

DOC 373.03 Note Note: Subsection (12) was inadvertently left in by rule CR 24-040 and will be removed in future rulemaking.

DOC 373.03(14) (14) “Intentionally” means that a youth had a purpose to carry out an act or cause the result specified, or believed that the act, if successful, would cause the result specified.

DOC 373.03(15) (15) “Intimate part” means anus, groin, penis, testicles, buttocks, pubic or vaginal area or breast.

DOC 373.03(16) (16) “Knowingly” means only that it is reasonable to conclude that a youth believes that a specified fact exists.

DOC 373.03(23) (23) “Negligently” means that a youth did an act or failed to do an act and thereby failed to exercise that degree of care appropriate for the circumstances.

DOC 373.03(24) (24) “Recklessly” means that a youth did an act or failed to do an act and thereby created an unreasonable risk that another might be injured. The act or failure to act shall demonstrate both a conscious disregard for the safety of another and a willingness to take known chances of perpetrating an injury.

DOC 373.03(24m) (24m) “Security threat group” means a group of individuals who threaten, intimidate, coerce, or harass others or who engage in any activity that violates or encourages the violation of statutes, administrative rules, or department policy.

DOC 373.03(25) (25) “Staff” means a state employee or a person under contract with the department or the facility where a youth is housed.

DOC 373.03(26) (26) “Superintendent” means the superintendent of a facility or designee.