Wisconsin Legislature: DOC 376.045(13)

DOC 376.04 Administrative confinement.

(1) In this section, “administrative confinement” means a form of room confinement, which includes the involuntary nonpunitive restriction of a youth locked alone in a room or other area because the youth poses a serious risk of imminent physical harm to others.

(2) The facility shall designate on-site supervisory staff who may initiate administrative confinement and remove youth from administrative confinement.

(3) Psychology staff shall be notified as soon as possible, and no later than 2 hours after a youth’s placement in administrative confinement.

(4) Any youth placed in administrative confinement for whom there is not already a mental health evaluation must have such an evaluation as soon as possible within 24 hours.

(5) Placements in administrative confinement will be reviewed by a psychology staff member as soon as possible within the initial 4-hour placement to determine whether that placement is a contraindication to the youth’s mental health or if other options will adequately protect the youth or staff.

(6) Staff shall engage in crisis intervention techniques designed to return the youth to the general population as soon as possible.

(7) If at any point a youth no longer poses a risk of imminent physical harm, the youth must be immediately removed from administrative confinement.

(8) Time in an administrative confinement placement may not exceed 4 hours except under the conditions of sub. (9).

(9) One 4-hour extension to an administrative confinement placement, and one additional 4-hour extension thereafter, for a total of up to 12 hours, may occur under all of the following conditions:

(a) The superintendent determines, following review of the psychology staff’s recommendation, that continued confinement is necessary due to the youth continuing to pose a risk of imminent physical harm to others.

(b) A plan is commenced to either promptly return the youth to the general population or transfer the youth to another facility.

(10) Administrative confinement time limits may be tolled from 8 p.m. to 8 a.m.

(11) Administrative confinement may only be extended beyond 24 hours, including tolled time, to effectuate transfer of a youth to another facility under a commenced plan.

(12) Any youth placed in administrative confinement for any period in excess of 24 hours, including tolled time, shall receive daily services by psychology staff.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.045 Conditions of room confinement.

(1) Punitive room confinement is prohibited.

(2) Any room used for room confinement shall be suicide resistant and protrusion free to reduce self-harm.

(3) Staff shall visually monitor youth in confinement. Visual monitoring shall be documented by staff.

(4) Youth shall spend a minimum of 30 hours per week and no less than 3 hours per day out of their assigned room, with time spent in the general population counted toward those hours.

(5) Youth shall have additional time out of their room to engage in gross motor exercise, social interaction and sensory stimulation activities unless a determination is made by a supervisor that the youth poses an immediate and substantial risk of physical harm to self or others.

(6) Youth shall have prompt access to water, toilet facilities, and hygiene supplies, either in their rooms or upon request to a staff member via any readily available communication method within 15 minutes of the request.

(7) Youth shall have property items similar to or the same as items allowed in the general population unless restricted as needed for safety of the youth or staff on a case-by-case basis. Any restriction shall only be temporary until the restricted items can be safely returned. A supervisor shall review any property restrictions on a daily basis and document the review.

(8) Youth shall have the ability to attend all regularly scheduled appointments with a social worker, psychology staff, and other health services unless it is determined by the superintendent following review of the psychology staff’s recommendation that the youth continues to present immediate and substantial risk of physical harm to others.

(9) Youth shall eat their meals out of their room unless a supervisor determines the youth presents an immediate and substantial risk of physical harm to others. If a youth is served their meal in-room a supervisor will document the occurrence including a justification for authorizing the meal in-room.

(10) Youth shall continue to receive any treatment programming they would regularly attend unless a determination is made by the superintendent following review of the psychology staff’s recommendation that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting group dynamics. Treatment services may be delivered one-on-one if the youth’s assigned social worker determines this to be in the best interest of the youth. The reasoning for the determination and the manner in which the treatment is provided shall be documented in the youth’s treatment record.

(11) Youth shall receive educational services with the general population except if a determination is made by staff that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting class instruction. When this determination is made, staff shall develop an alternative education plan within 24 hours including addressing any applicable special education services for youth.

(12) Youth must have access to any needed mental health treatment while in room confinement.

(13) Within 15 minutes of a youth’s placement in room confinement, staff shall orally inform the youth of their rights regarding grievances and appeals as specified in ch. DOC 380. Within one hour of a youth’s placement in room confinement, facility staff shall provide the youth with written notice of their rights regarding grievances and appeals.

(14) Staff shall create a written report, after room confinement of a youth is completed, documenting the necessity of room confinement, the less restrictive measures attempted to avoid room confinement, and the length of time the youth spent in room confinement. The youth shall be provided a copy of the report immediately upon completion of the report.

History: CR 24-003: cr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.05 Monitoring youth.

(1) Youth at the facility shall be monitored with the use of video and audio supervision.

(2) Visual monitoring of youth shall occur at staggered intervals not to exceed 30 minutes.

(3) Video and audio supervision may include cameras, body cameras, intercoms, microphones, telephone monitoring, or other electronic recording and surveillance devices.

(4) Information obtained by video or audio supervision or both may be used by the department or law enforcement for purposes that include administrative actions, discipline, program direction, investigations under the Prison Rape Elimination Act, 42 USC 15601, et. Seq. and the standards issued thereunder, 28 CFR part 115, and criminal prosecutions.

(5) Video or audio supervision or both may not be used during private youth and psychology sessions unless informed consent is given by the youth.

(6) Video or audio supervision or both may not be used to interfere with or compromise privileged communications between a youth and their attorney.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.06 Youth count. The superintendent shall establish and maintain a system for accurately accounting for the whereabouts of all youth at all times. The system shall interfere as little as practical with school, work, program and recreational activities. The system shall be described in writing. All facility staff shall be familiar with the system.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, 3-1-25.

DOC 376.07 Use of force.

(1) The superintendent shall enact policies and procedures related to the use of physical force based on juvenile-focused best practices, including a physical force intervention training that is consistent with the provisions of this section.

(2) Corporal punishment of youth is not permitted under any circumstances.

(3) Only the minimum force that is reasonably necessary to achieve a proper objective may be used. Excessive force shall not be used.

(4) Staff may use physical force only if the individual staff member using force reasonably believes that it is immediately necessary to accomplish one of the following purposes:

(a) To prevent a youth who poses an imminent and substantial risk of physical harm from harming themselves or others.

(b) To regain control of all or part of a facility during a disturbance as defined in s. DOC 376.20 (1) or an emergency as defined in s. DOC 376.21 (1).

(5) After the use of physical force, the youth who were involved shall be checked for injury and provided appropriate medical services. Staff shall submit a written report to the superintendent regarding any medical services provided.

(6) If physical force is used, each staff member involved shall submit a separate written report regarding the incident to the superintendent.

(7) All facility staff shall be trained in de-escalation practices at least annually.

(8) Staff may use the physical force necessary to prevent death or great bodily harm.

(9) Youth may not use physical force at any time.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.08 Use of chemical agents. The use of oleoresin capsicum and other chemical agents is prohibited.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.09 Mechanical restraints. Mechanical restraints, including handcuffs, may only be used if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others and must be removed immediately when the threat of harm or safety concern has abated. The use of mechanical restraints shall be consistent with the provisions of this section and subject to all of the following:

(1) Under all circumstances, there is a presumption that youth shall not be mechanically restrained.

(2) No mechanical restraint device other than handcuffs may be used on youth while they are in the facility except under any of the following conditions:

(a) When ordered by psychology staff to attempt to prevent active self-harm.

(b) If the youth poses an immediate and substantial threat of physical harm to others.

(c) During transportation additional restraints such as waist chains or leg restraints may be used when necessary to prevent an imminent threat of harm to youth or others.

(3) Mechanical restraints shall never be used for punishment or discipline.

(4) Youth may never be restrained to a fixed object unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

(5) Only staff trained in the use of physical force, mechanical restraints, and de-escalation techniques may place a youth in mechanical restraints.

(6) Mechanical restraints may be used during transportation when there is a documented reason to prevent an imminent threat of physical harm to others.

(7) When youth are being transported for release to a nonlocked environment, restraints may not be used unless to prevent a threat of harm to youth or staff or both.

(8) Any use of mechanical restraints, except during transportation or authorized by psychology staff, shall be authorized by a supervisor.

(9) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least every 45 minutes, with the actual time of the observation or intervention recorded.

(10) Facility staff must document all uses of restraints in the facility, including a description of the events leading up to the use of restraints, the less restrictive alternatives attempted, and the length of time the youth spent in restraints.

(11) Mechanical restraints in excess of 45 minutes may be used only if all of the following apply:

(a) The use is approved by the superintendent, safety director or designee.

(b) The use is approved by psychology staff.

(12) When psychology staff approves additional 45 minutes of mechanical restraint use, as soon as possible and no later than 2 hours following this approval, psychology staff shall evaluate the youth and provide therapeutic interventions to the youth as needed.

(13) Full body restraints may be used only for the following reasons with authorization from the superintendent in consultation with psychology staff:

(a) To protect a youth who poses an immediate threat of physical injury to self unless placed in full body restraints.

(b) To protect a youth in a health emergency that requires full body restraints.

(c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless placed in full body restraints.

(14) When staff place a youth in full body restraints under sub. (13) (a) to (c), all of the following apply:

(a) The shift supervisor shall be present and shall notify the superintendent, a health services professional and the psychologist on call.

(b) A minimum of 3 staff shall be present when the youth is placed in full body restraints.

(d) A staff psychologist or psychiatrist shall arrange for an on-site evaluation within 2 hours after the application of full body restraints.

(e) The psychologist or psychiatrist shall recommend to the superintendent whether the youth should remain in full body restraints and what actions should be taken to protect the youth.

(f) A health services professional shall conduct a physical examination as soon as possible, but not later than one hour after application of full body restraints. A physical examination shall be conducted every 4 hours thereafter by a health services professional.

(g) Staff shall directly and continuously observe a youth immobilized in full body restraints.