Wisconsin Legislature: DOC 373.68(1)

DOC 373.65 Institution policies and procedures.

(1) Each institution shall make specific policies and procedures relating to talking, clothing, movement within the institution, conditions of leave from the institution, personal property, personal hygiene and conditions of living quarters. These policies and procedures shall be consistent with the purposes stated in s. 938.01, Stats., and the goals of youth corrections in s. DOC 371.01 (2). No institution policy or procedure may conflict with any provision of this chapter or be stricter than any provision of this chapter.

(2) The institution may solicit the views of youth prior to the adoption of an institution policy or procedure.

(3) Discipline may be imposed for violation of an institution policy or procedure only if at least one of the following apply:

(a) The policy or procedure was posted on an institution bulletin board or in an institution handbook and a youth had actual knowledge of the institution policy or procedure at the time of the violation.

(b) There is a violation of an institution policy or procedure in an institution handbook or other document that was received by a youth, in which case the youth is presumed to have knowledge of the policy or procedure in the absence of a preponderance of evidence to the contrary.

(4) Each institution shall maintain at least one bulletin board for bulletins of general applicability. Bulletin boards shall be located so that every youth has an opportunity to read all bulletins that apply to youth. Bulletins that are no longer in effect shall be removed from the bulletin board.

(5) A handbook of all current policy and procedure bulletins under sub. (1) shall be maintained at the institution and be readily accessible to youth.

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

Subchapter X — Disposition of Conduct Rule Violations

DOC 373.66 Conduct rule violations: possible dispositions. The conduct rule violations described in ss. DOC 373.14 to 373.65 may be dealt with by staff only in the following ways:

(1) If a conduct rule violation is a minor conduct rule violation, a conduct report may not be written, but a youth may be counseled and warned, consistent with s. DOC 373.67 or disciplined summarily, consistent with s. DOC 373.68.

(2) A major conduct rule violation shall be referred to the superintendent in writing by a conduct report under s. DOC 373.69. Violations referred to the superintendent may be dealt with as follows:

(a) The superintendent may dismiss, alter or correct the conduct report consistent with s. DOC 373.70.

(b) If the superintendent determines that a violation should be treated as a minor conduct rule violation, the superintendent shall refer the matter to appropriate staff to be disposed of in accordance with s. DOC 373.68.

(c) If the violation is a major conduct rule violation, the superintendent shall refer the matter to a hearing officer to be disposed of in accordance with this subchapter.

(3) Violations of the criminal law may be referred under s. DOC 373.83 to law enforcement authorities for prosecution.

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

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

(1) Staff may write conduct reports only for major conduct rule violations under s. DOC 373.11 (4) or violations of conduct rules which they believe are major conduct rule violations under s. DOC 373.11 (5). Under any of the following conditions, staff may inform a youth about conduct that violates a conduct rule, discuss that conduct and give a warning:

(a) The youth is unfamiliar with the conduct rule.

(b) The youth has not violated the same or a closely related rule recently, whether or not discipline was imposed.

(d) Although the youth technically violated a conduct rule, the purpose of this chapter would not be served by disciplining a youth in the particular situation.

(2) No record or official report of a disposition under sub. (1) is required.

(3) The superintendent may overrule a determination that a violation has occurred. The decision by the superintendent to overrule or not overrule is not reviewable by a hearing officer.

(4) A major conduct rule violation listed under s. DOC 373.11 (4) may not be disposed of in accordance with this section. Staff shall write a conduct report when a major conduct rule violation under s. DOC 373.11 (4) occurs.

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

DOC 373.68 Summary disciplinary dispositions.

(1) A youth may be disciplined summarily for a minor conduct rule violation in accordance with this chapter. When a youth is disciplined summarily under this section, staff shall make an appropriate record.

(2) When staff who have the responsibility for supervising a youth believe that a penalty listed in sub. (3) is appropriate, staff shall do all of the following:

(a) Inform the youth of the nature of the alleged infraction and the potential disposition.

(b) Obtain the youth’s version of the underlying facts.

(c) Make a finding as to whether the youth violated a conduct rule, communicate this finding to the youth and impose discipline consisting of one or more of the disciplinary actions under sub. (3).

(3) Discipline imposed by staff under this section shall be limited to one or more of the following disciplinary actions:

(a) An oral or written reprimand.

(b) Room confinement for a maximum of 5 hours. Room confinement may not be served during mandatory program periods.

(d) Loss of a specific privilege for up to one week or loss of participation in a special event.

(e) A disposition, which may include:

1. Counseling and a warning.

2. Extra duty related to the misconduct.

3. Apology for the misconduct.

4. Monetary restitution.

5. A period of positive behavior.

(4) A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff, reduce the discipline or write a conduct report if it is determined that the violation was a major conduct rule violation. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.

(5) A youth has no right to be present at the supervisor’s review.

(6) Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.

(7) A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81.

(8) The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth’s official records.

(9) Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.

(10) More restrictive forms of discipline than those authorized in sub. (3), for a conduct rule violation not designated as a major conduct rule violation under this chapter, may be imposed by a supervisor under this subsection as follows:

(a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3), modified as follows:

1. Room confinement for not more than 10 hours.

2. Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.

3. Loss of an off grounds activity for no longer than 30 days.

(b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:

1. Obtain a statement of facts with a recommendation from staff.

2. Inform the youth of the nature of the alleged infraction and the range of discipline.

3. Request that the youth relate the facts concerning the matter at issue.

(c) A disposition under this section shall be imposed consecutive to other dispositions under this section and may be imposed consecutive to a disposition under s. DOC 373.80.

(d) The supervisor may impose discipline under this subsection, may dismiss the charge, or may write a conduct report if the conduct rule violation is a major conduct rule violation.

(e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.

(f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.

(11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

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

DOC 373.69 Conduct reports.

(1) Staff who observe or discover a conduct rule violation shall investigate the matter to determine if a conduct rule violation occurred. If staff conclude that a major conduct rule violation has occurred, a conduct report shall be written. If more than one staff knows of the same violation, the superintendent shall designate the staff who shall write the conduct report.

(2) A conduct report may only be written for a major conduct rule violation.

(3) The conduct report shall describe the facts in detail, including information obtained from other staff. The report shall list all conduct rules that were allegedly violated, even if they overlap. All physical evidence and witnesses shall be mentioned in the report.

(4) There shall be at least one conduct report or record for each act that is alleged to be a major conduct rule violation under this chapter.

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

DOC 373.70 Review of conduct reports by the superintendent.

(1) The superintendent shall promptly review all conduct reports for technical adequacy and the appropriateness of the charges.

(2) The superintendent:

(a) Shall dismiss a conduct report if the superintendent believes that it should not have been written.

(b) Shall eliminate any conduct rule violation cited in the conduct report if the statement of facts does not establish that a violation was committed.

(c) May add any conduct rule violation to the conduct report if the statement of facts establishes that a violation was committed.

(d) Shall destroy the conduct report if no conduct rule violation was committed.

(e) May refer a conduct report for further investigation.

(3) Following a review, the superintendent shall determine whether a conduct report shall be approved.

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

DOC 373.71 Notice of alleged major conduct rule violation. When a youth is alleged to have committed a major conduct rule violation and the superintendent has reviewed and approved the conduct report pursuant to s. DOC 373.70, the following procedure shall be followed:

(1) The superintendent shall give a copy of the approved conduct report to the youth within 7 days of placement in prehearing security.

(2) The superintendent shall inform the youth orally and in writing of the conduct rule which the youth is alleged to have violated.

(3) The superintendent shall inform the youth orally and in writing of the potential penalties which may be imposed.

(4) The superintendent shall also inform the youth orally and in writing of all of the following:

(a) That the youth has a right to a disciplinary hearing at which the youth may present oral, written, documentary and physical evidence, and evidence from voluntary eye witnesses.

(b) That the youth has a right to the assistance of a staff advocate, the right to ask questions of the witnesses, that repetitive, disrespectful and irrelevant questions may be forbidden and that the youth may appeal the finding and disposition of the hearing officer to the superintendent.