Wisconsin Legislature: DOC 373.06

(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.

(12) Participate in an active, positive manner in the assigned program.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (7) Register June 2020 No. 774, eff. 7-1-20.

DOC 373.05 Conduct rules. Conduct rules define prohibited youth conduct and are described under ss. DOC 373.14 to 373.65. The conduct rules apply to each youth at all times while assigned to the supervision of an institution, regardless of where the violation was committed or attempted.

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

DOC 373.06 Conduct rule violations.

(1) A youth may not violate conduct rules.

(2) Violations of the conduct rules shall be resolved in accordance with this chapter.

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

DOC 373.07 Attempted violation of conduct rules.

(1) A youth is guilty of an attempt to violate a conduct rule if all of the following are true:

(a) The youth intended to do something that would have been a conduct rule violation.

(b) The youth committed an act that demonstrated intent to violate a conduct rule.

(2) The penalty for an attempt to violate a conduct rule is the same as the penalty for violating that conduct rule.

(3) A youth may be charged with both a substantive conduct rule violation and with an attempt to commit that conduct rule violation, based on the same incident, but may be found guilty of only one.

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

DOC 373.08 Aiding, abetting or knowing of conduct rule violations.

(1) A youth is guilty of aiding and abetting a conduct rule violation if the youth intentionally does any of the following:

(a) Encourages, directs, commands, hires, coerces, requests or signals another youth to commit a conduct rule violation.

(b) Assists another person, prior to a conduct rule violation, in planning or preparing for committing a conduct rule violation, with intent that the conduct rule violation be committed.

(c) Assists another person during commission of a conduct rule violation, whether or not this assistance was planned in advance.

(d) Destroys evidence of a conduct rule violation committed by another person or otherwise helps to prevent discovery of a conduct rule violation or of the person who committed the violation.

(2) If a youth knows of a plan to commit a conduct rule violation or knows of the commission of a conduct rule violation, failure of the youth to report the plan or commission is a conduct rule violation.

(3) A youth may be charged with both a substantive conduct rule violation and aiding and abetting or knowing of that conduct rule violation, based on the same incident, but may be found guilty of only one.

(4) A youth may be charged and found guilty of aiding and abetting or knowing of a conduct rule violation even if no one is charged or found guilty of committing the conduct rule violation.

(5) The penalty for aiding and abetting or knowing of a conduct rule violation shall normally be the same as for the substantive conduct rule violation.

(6) The penalty for a youth who aids and abets or knows of a conduct rule violation need not be based in any way on the penalty, if any, for the youth who actually committed the conduct rule violation.

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

DOC 373.09 Defenses. The following, if established by a youth by a preponderance of the evidence are complete defenses to alleged violations of the conduct rules under this chapter:

(1) Mental incapacity. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.

(2) Involuntary intoxication. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.

(3) Mistake. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.

(4) Self-Defense. A youth may use the minimum amount of force necessary to prevent death or bodily injury to self or in defending a third person. A youth may not continue to exercise self-defense after an order by staff to stop. In determining whether the minimum force was used in exercising self-defense, staff shall consider:

(a) Whether the aggressor used a weapon.

(b) The size of the youth invoking a self-defense claim in relation to the size of the aggressor.

(d) Whether staff were nearby.

(5) Orders. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.

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

DOC 373.10 Youth access to conduct rules.

(1) The superintendent shall provide youth with an orientation to department conduct rules as part of the assessment and evaluation of youth under s. DOC 371.05 (1) (d).

(2) The superintendent shall provide a youth with a written copy of the conduct rules.

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

DOC 373.11 Major and minor penalties and conduct rule violations.

(1) Any minor penalty may be imposed for a conduct rule violation for which a major penalty may be imposed.

(2) Restitution may be imposed in addition to or in lieu of any major penalty.

(3) Except for a conduct rule violation listed under sub. (4) or covered by sub. (6), a conduct rule violation is neither a major nor a minor conduct rule violation until a supervisor classifies it as major or minor using the criteria under sub. (5).

(4) All of the following are classified as major conduct rule violations:

(a) Section DOC 373.14 Causing the death of another

(b) Section DOC 373.15 Sexual intercourse

(d) Section DOC 373.17 Restraint of another

(e) Section DOC 373.18 Fighting

(f) Section DOC 373.19 Battery

(g) Section DOC 373.21 Inciting a disturbance

(h) Section DOC 373.22 Participating in a disturbance

(i) Section DOC 373.26 Escape

(j) Section DOC 373.28 Obstruction

(k) Section DOC 373.41 Arson

(L) Section DOC 373.42 Causing an explosion

(m) Section DOC 373.46 Intoxicants and paraphernalia

(n) Section DOC 373.47 Weapons

(o) Section DOC 373.56 Misuse of medication

(p) Section DOC 373.57 Self-harm and disfigurement

(q) Section DOC 373.62 Violation of conditions of leave