Chapter DOC 373

DOC 373.11(4)(q) (q) Section DOC 373.62 Violation of conditions of leave

DOC 373.11(4)(r) (r) An attempted violation of a conduct rule listed in this subsection

DOC 373.11(5) (5) An alleged violation of any section of this chapter other than those listed in sub. (4) or covered by sub. (6) may be treated as a major conduct rule violation. If the conduct rule violation has not been disposed of summarily in accordance with s. DOC 373.68, a supervisor shall decide whether the alleged violation shall be treated as a major conduct rule violation. In deciding whether an alleged violation should be treated as a major conduct rule violation, the supervisor shall consider all of the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:

DOC 373.11(5)(a) (a) Whether the youth has previously been found guilty of the same or a similar conduct rule violation, how often a finding of guilt has been established, and how recently.

DOC 373.11(5)(b) (b) Whether the youth has recently been warned about the same or similar conduct.

DOC 373.11(5)(c) (c) Whether the alleged violation created a risk of serious disruption at the institution or in the community.

DOC 373.11(5)(d) (d) Whether the alleged violation created a risk of serious injury to another person.

DOC 373.11(5)(e) (e) The value of the property involved, if the alleged violation was actual or attempted damage to property, misuse of property, possession of money, gambling, unauthorized transfer of property, soliciting staff or theft.

DOC 373.11(6) (6) Any conduct report containing at least one charge of a major conduct rule violation shall be processed as a major conduct rule violation, which may result in a major penalty, even if the conduct report also includes minor conduct rule violations.

DOC 373.11(7) (7) If a youth commits a conduct rule violation during the course of a visit, the hearing officer may suspend visiting privileges as a disposition, under s. DOC 379.07 (9) (b).

DOC 373.11(8) (8) If a conduct rule violation occurred as a result of misuse of the mail, the hearing officer may suspend mail privileges as a disposition, under s. DOC 379.04 (6).

DOC 373.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.12 DOC 373.12 Lesser-included conduct rule violations. Certain prohibited acts have lesser-included acts associated with them. A youth alleged to have violated a conduct rule is also considered to have allegedly violated a lesser-included conduct rule. No youth may be found to have committed both an act and its lesser-included act based upon the same incident. Table 373-A lists the lesser-included conduct rule violations of each conduct rule violation.

- See PDF for table

DOC 373.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.13 DOC 373.13 Prehearing security.

DOC 373.13(1) (1) A youth may be placed in prehearing security if a supervisor has a reasonable belief that one or more of the following is true:

DOC 373.13(1)(a) (a) If the youth remains in the general population, there will be a significant physical or psychological danger to the youth or another person.

DOC 373.13(1)(b) (b) If the youth remains in the general population, the youth will seek to intimidate a witness in any pending investigation.

DOC 373.13(1)(c) (c) If the youth remains in the general population, the youth will encourage other youths by example, expressly, or by the youth’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation.

DOC 373.13(1)(d) (d) If the youth remains in the general population, the youth will create a significant danger to property.

DOC 373.13(1)(e) (e) If the youth remains in the general population there is a significant risk of escape.

DOC 373.13(1)(f) (f) If the youth remains in the general population, an investigation will thereby be inhibited.

DOC 373.13(1)(g) (g) If the youth remains in the general population, a significant risk to institution security will be created.

DOC 373.13(2) (2) When a youth is placed in prehearing security under sub. (1), a supervisor shall inform the youth in writing within 48 hours of the placement of the reason for the placement and the person who has authorized the placement.

DOC 373.13(3) (3) The superintendent shall review the placement decision under sub. (1) within 48 hours of the placement, excluding weekends and legal holidays, to determine whether a youth still needs to be in prehearing security consistent with this section.

DOC 373.13(4) (4) No youth may remain in prehearing security pending investigation longer than 7 days without being served an approved conduct report and without receiving the notice in s. DOC 373.71.

DOC 373.13(5) (5) No youth may remain in prehearing security pending a hearing longer than 21 days. The superintendent shall review the status of each youth in prehearing security at least every 7 days to determine whether confinement continues to be appropriate. If upon review it is determined that confinement is not appropriate, the youth shall be released from prehearing security immediately.

DOC 373.13(6) (6) A youth shall be placed in an appropriate setting to achieve the objectives of this section. A youth’s own room may be used for prehearing security.

DOC 373.13(7) (7) A youth may be required to wear mechanical restraints while outside of the living quarters if the superintendent determines that the use of mechanical restraints is necessary to protect staff, other youth or other persons, or to maintain the security of the institution.

DOC 373.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. II of ch. DOC 373 Subchapter II — Conduct Rules Relating to Bodily Security

DOC 373.14 DOC 373.14 Causing the death of another. A youth may not intentionally, negligently or recklessly cause the death of another person.

DOC 373.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.15 DOC 373.15 Sexual intercourse.

DOC 373.15(1) (1) In this section, “sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration, however slight, by any part of the body or an object into the anus or vagina of another person.

DOC 373.15(2) (2) A youth may not engage in sexual intercourse.

DOC 373.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.16 DOC 373.16 Sexual contact. A youth may not intentionally touch with a body part or an object any intimate part of another person, either directly or through clothing, or cause it to be touched by another with or without the consent of that person.

DOC 373.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.17 DOC 373.17 Restraint of another. Unless authorized, a youth may not seize, restrain or confine another person.

DOC 373.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.18 DOC 373.18 Fighting.

DOC 373.18(1) (1) In this section, “fight” means any situation where 2 or more persons are trying to injure each other by any physical means including, but not limited to, hitting, biting, kicking, scratching, throwing or swinging objects or using weapons.

DOC 373.18(2) (2) A youth may not participate in a fight.

DOC 373.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.19 DOC 373.19 Battery. A youth may not intentionally cause injury, physical pain, illness or any impairment of physical condition to another person.

DOC 373.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.20 DOC 373.20 Threats. A youth may not communicate to another person verbally, in writing or by gesture, symbol or action to do any of the following:

DOC 373.20(1) (1) Harm or harass that person or someone else.

DOC 373.20(2) (2) Cause damage to or loss of that person’s or another person’s property.

DOC 373.20 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. III of ch. DOC 373 Subchapter III — Conduct Rules Relating to Institutional Security

DOC 373.21 DOC 373.21 Inciting a disturbance. A youth may not encourage, direct, command, hire, coerce, request or signal one or more persons to participate in a disturbance.

DOC 373.21 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.22 DOC 373.22 Participating in a disturbance. A youth may not do any of the following:

DOC 373.22(1) (1) Intentionally or recklessly participate in a disturbance.

DOC 373.22(2) (2) Remain in a group that has been ordered to disperse if some members of the group are participating in a disturbance.

DOC 373.22 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.23 DOC 373.23 Unauthorized group activity.

DOC 373.23(1) (1) In this section, “group” means a gang, cult or faction or other formal or informal association of youth.

DOC 373.23(2) (2) A youth may not do any of the following:

DOC 373.23(2)(a) (a) Encourage, direct, command, hire, coerce, recruit or signal another person to participate in a group not authorized by the superintendent.

DOC 373.23(2)(b) (b) Communicate verbally, in writing or by gesture, symbol or action about an unauthorized group matter or to demonstrate affiliation with an unauthorized group.

DOC 373.23(2)(c) (c) Wear, display or have in the youth’s possession the clothing, jewelry, colors or other symbols of an unauthorized group to demonstrate affiliation with the group. This includes the cutting, styling or wearing of the youth’s hair or the wearing of clothes in a manner which demonstrates affiliation with an unauthorized group, or the depiction of the symbols of the group affiliation on a person’s body or on things including arts and crafts projects.

DOC 373.23 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.24 DOC 373.24 Group resistance. A youth may not do any of the following:

DOC 373.24(1) (1) Participate in any group action with other youth, contrary to this chapter, institution policies and procedures or a verbal directive from staff, whether or not the group action creates a serious danger of harm to persons or property.

DOC 373.24(2) (2) Join in or solicit another to join in any group petition, gathering, or statement, except that the following actions are not prohibited:

DOC 373.24(2)(a) (a) Group complaints authorized by s. DOC 380.04 (5).

DOC 373.24(2)(b) (b) Group petitions to courts.

DOC 373.24(2)(c) (c) Authorized actions by authorized groups.

DOC 373.24 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.25 DOC 373.25 Disguising identity. A youth may not do any of the following:

DOC 373.25(1) (1) Conceal, alter or disguise personal appearance in an attempt to prevent identification.

DOC 373.25(2) (2) Use any items or materials to make a representation of himself or herself without authorization of staff.

DOC 373.25 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.26 DOC 373.26 Escape. Unless authorized, a youth may not do any of the following:

DOC 373.26(1) (1) Leave the institution.

DOC 373.26(2) (2) Violate the directives of staff as to where the youth may be and for what time period the youth may be at the designated place.

DOC 373.26(3) (3) Fail to return to the institution or other designated facility from any approved leave.

DOC 373.26 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. IV of ch. DOC 373 Subchapter IV — Conduct Rules Relating to Order

DOC 373.27 DOC 373.27 Inappropriate sexual conduct.

DOC 373.27(1) (1) A youth may not engage in any of the following inappropriate sexual conduct:

DOC 373.27(1)(a) (a) Requesting, soliciting, hiring or communicating with another person in any manner, including orally or in writing, to have sexual intercourse, as defined in s. DOC 373.15 or sexual contact, as described in s. DOC 373.16.

DOC 373.27(1)(b) (b) Exposing, touching or gesturing to the youth’s own intimate parts to attract the attention of another person or using sexually explicit communication.

DOC 373.27(1)(c) (c) Touching an animal for the purpose of causing sexual arousal or gratification to the youth or another person.

DOC 373.27(2) (2) Any contact with another person is prohibited, except when the contact is appropriate and permissible under institution policy.