Wisconsin Legislature: DOC 373.01(4)(d)

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

DOC 373.68 Summary disciplinary dispositions.

DOC 373.69 Conduct reports.

DOC 373.70 Review of conduct reports by the superintendent.

DOC 373.71 Notice of alleged major conduct rule violation.

DOC 373.72 Procedure when the right to a disciplinary hearing is waived.

DOC 373.73 Procedure for disciplinary hearings.

DOC 373.74 Disciplinary hearing: advocates.

DOC 373.75 Disciplinary hearing: location.

DOC 373.76 Disciplinary hearing: witnesses and notice.

DOC 373.77 Disciplinary hearing: hearing officers.

DOC 373.78 Disciplinary hearing: evidence.

DOC 373.79 Recordkeeping.

DOC 373.80 Dispositional alternatives for major conduct rule violations.

DOC 373.81 Discipline: review by superintendent.

DOC 373.82 Basic services and privileges for youth serving a major penalty.

DOC 373.83 Referral for prosecution.

DOC 373.84 Harmless error.

Note: Chapter HSS 333 as it existed on June 30, 2000 was repealed and a new Chapter DOC 373 was created, Register, June, 2000, No. 534, effective July 1, 2000.

Subchapter I — General Provisions

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:

(1) To provide for the degree of confinement and programming for each youth required for the protection of the public, staff and youth.

(2) To operate orderly institutions.

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

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

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

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

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

(e) Ensuring that each youth is in the appropriate setting necessary to achieve the objectives of ch. 938, Stats., and that discipline which imposes significant restriction on a youth’s liberty be imposed only by staff designated by the superintendent to ensure fair, appropriate and consistent decision-making.

(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 institution security.

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

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.

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

DOC 373.03 Definitions. In this chapter:

(1) “Administrator” means the administrator of the division or that person’s designee.

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

(a) Permitted under department rules.

(b) Permitted under posted policies and procedures.

(3) “Close confinement” means restriction of a youth to the youth’s assigned room with a minimum of one hour out-of-room time per day.

(4) “Conduct report” means a written report prepared by staff which describes facts relating to an alleged violation of a conduct rule by a youth.

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

(6) “Contraband” means any of the following:

(a) Any item which subch. VI prohibits a youth from possessing.

(b) Any item which is not state property and is on the institution grounds, but not in the possession of any person or in an approved location.

(d) Any item that is not on a youth’s property list and is required to be.

(e) Any item of a type that is not allowed according to posted policies and procedures.

(f) Allowable items in excess of the quantity allowed according to posted policies and procedures.

(g) Items in the possession of a youth that do not belong to the youth, except for state property issued to the youth for personal use.

(h) Anything used as evidence in a disciplinary hearing that is deemed to be contraband by the hearing officer.

(7) “Day” means a calendar day.

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

(9) “Disturbance” means a serious disruption to institution order or security by 2 or more youth.

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

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

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

(13) “Institution” means a type 1 secured correctional facility operated by the department.

(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.

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

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

(17) “Major conduct rule violation” means a violation of conduct rules for which a major penalty may be imposed.

(18) “Major penalty” means a disposition under s. DOC 373.80 (3).

(19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

(20) “Minor conduct rule violation” means any violation of a conduct rule which is not a major conduct rule violation and for which a minor penalty may be imposed.

(21) “Minor penalty” means a disposition under s. DOC 373.68.

(22) “Modified confinement” means restriction of a youth to the youth’s assigned room with a minimum of 4 hours of out-of-room time per day.

(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.

(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.

(25) “Staff” means a state employee of the institution where a youth is housed.

(26) “Superintendent” means the superintendent of an institution or designee.

(27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

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

(29) “Youth” means a person or persons supervised by the department in an institution consistent with the requirements of law and regardless of age.

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

DOC 373.04 Responsibilities of youth. Youth placed under department supervision have the opportunity to learn and to demonstrate constructive values and behaviors. By conducting themselves according to the rules and policies of the institution, youth will not only avoid the consequences of misconduct as outlined in this chapter, but will also earn a progressively greater degree of independence during the time of institutional placement. Youth shall do all of the following:

(1) Allow others to have privacy.

(2) Respect the property of others.

(3) Refrain from physically or verbally abusing, exploiting or otherwise harming other youth, staff, or any other person.

(4) Accept adult guidance, support and supervision.

(5) Know the rules of the institution and ask questions of staff if unsure of the meaning of a rule.

(6) Be supportive of efforts by other youth to involve themselves in individual programs and assist others in their efforts to obey institution rules.

(7) Respect the race, gender, age, disabilities, religious background, and culture of other persons.

(8) Participate in major decision-making affecting the youth’s life.

(9) Carry out the youth’s part of the individual case plan.

(10) Use the complaint procedures to address problems that cannot be handled on an informal basis.

(11) Maintain good personal hygiene and strive to maintain good health.