Chapter DOC 376

DOC 376.09(16) (16) The superintendent may authorize partial or complete release from full body restraints at any time.

DOC 376.09(17) (17) No youth may be immobilized in full body restraints for longer than 12 hours, unless the youth is examined by a psychologist, psychiatrist or the crisis intervention worker, who shall make a written recommendation to the superintendent as to whether the youth should continue to remain in full body restraints. An examination by a psychologist, psychiatrist or crisis intervention leader shall occur thereafter at least every 12 hours that a youth is in full body restraints. The superintendent may authorize the use of restraints for more than 12 hours. The superintendent shall notify the administrator of the decision to continue the use of full body restraints beyond 12 hours and every 12 hours thereafter.

DOC 376.09(18) (18) Staff shall initiate a transfer to a mental health facility under s. 51.35 (3), Stats., if appropriate. Staff shall not retain a youth in full body restraints under sub. (13) (a) to (c) for more than 24 hours, unless a transfer to a mental health facility has been initiated by the facility.

DOC 376.09(19) (19) A monthly report concerning each incident involving the use of full body restraints shall be submitted by the superintendent to the administrator.

DOC 376.09(20) (20) Facilities shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.

DOC 376.09 History 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; correction in (18), (20) made under s. 35.17, Stats., Register February 2025 No. 830.

DOC 376.10 DOC 376.10 Escapes.

DOC 376.10(1) (1) Plan. The facility shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:

DOC 376.10(1)(a) (a) Reporting the escape to the superintendent and the administrator.

DOC 376.10(1)(b) (b) Staff communication.

DOC 376.10(1)(c) (c) Notification to local and committing county law enforcement authorities.

DOC 376.10(1)(d) (d) Notification to the community, consistent with s. 938.51 (1r), Stats.

DOC 376.10 Note Note: There is no statutory requirement for notification to the community in the event of escape.

DOC 376.10(1)(e) (e) Pursuit of the escapee.

DOC 376.10(1)(f) (f) An immediate count of all youth.

DOC 376.10(1)(g) (g) A search of the facility and grounds.

DOC 376.10(1)(h) (h) An investigation into the background, mail and visitors list of the escaped youth.

DOC 376.10(1)(i) (i) An accessible list of the names, addresses and phone numbers of off-duty staff members.

DOC 376.10(1)(j) (j) The operation of essential posts.

DOC 376.10(1)(k) (k) Securing tools and any implement that may be fashioned into a weapon.

DOC 376.10(1)(L) (L) Victim notification, if requested under s. 938.51 (4), Stats.

DOC 376.10(1)(m) (m) The preservation of any evidence relevant to the escape and the chain of evidence.

DOC 376.10(1)(n) (n) The repair of any facilities damaged in the escape.

DOC 376.10(1)(o) (o) The responsibility of staff after an escape.

DOC 376.10(1)(p) (p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.

DOC 376.10(2) (2) Reports. Reports of escapes required under sub. (1) (a) shall include:

DOC 376.10(2)(a) (a) Date, time and location when the youth was last seen.

DOC 376.10(2)(b) (b) The method of escape.

DOC 376.10(2)(c) (c) Who was involved in the escape.

DOC 376.10(2)(d) (d) A description of the escapee, including clothing worn.

DOC 376.10(2)(e) (e) Action taken by the facility, including procedures initiated.

DOC 376.10(2)(f) (f) A brief evaluation of the factors which may have contributed to the escape.

DOC 376.10(2)(g) (g) The identification of persons who may have information about the escape.

DOC 376.10(3) (3) Hostages. When a youth takes the superintendent or any staff hostage, the hostage shall have no authority to order any action or inaction by staff.

DOC 376.10(4) (4) Pursuit. Any pursuit of an escaped youth by staff shall be done in cooperation with local law enforcement authorities. Until local law enforcement authorities are able to supervise pursuit, staff shall conduct the pursuit under supervision of the superintendent.

DOC 376.10(5) (5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.

DOC 376.10(6) (6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.

DOC 376.10(7) (7) Criminal convictions. A youth who is in a facility because of an adult criminal court conviction who escapes from a facility shall be treated as an adult in regard to confidentiality of information.

DOC 376.10(8) (8) Public information release. After 12 hours, the department may release information to the public if permitted under s. 938.78 (3), Stats., for youth adjudicated for certain criminal offenses. The information may include the youth’s name, age, physical description, including clothing, the date and time of the escape and the facility where the escape occurred.

DOC 376.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (L) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; CR 24-003: am. (1) (intro.), (g), (2) (e), (7), (8) Register February 2025 No. 830, eff. 3-1-25.

DOC 376.11 DOC 376.11 Search of facility grounds. Staff may conduct a search of any area within the buildings or grounds of a facility at any time. There is no requirement that evidence exists that contraband is concealed on facility grounds before such a search is conducted. Upon completion of the search, staff shall complete a facility incident report describing the search including any discovery of contraband.

DOC 376.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.12 DOC 376.12 Search of youth living quarters.

DOC 376.12(1) (1) Whenever staff conduct a search of a youth’s living quarters, staff in charge of the living unit at the time of the search or the staff who conducted the search shall write a report that includes all of the following:

DOC 376.12(1)(a) (a) The identity of the staff who conducted the search and the supervisor who approved it.

DOC 376.12(1)(b) (b) The date and time of the search.

DOC 376.12(1)(c) (c) The identity of the youth whose living quarters were searched.

DOC 376.12(1)(d) (d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.

DOC 376.12(1)(e) (e) Any objects that were seized pursuant to the search.

DOC 376.12(1)(f) (f) Whether any damage was done to the premises during the search.

DOC 376.12(2) (2) If property was seized or damaged pursuant to the search of a youth’s living quarters, staff shall inform the youth in writing. The facility shall pay for the cost of repair of personal property that is not contraband. In the alternative, and at the discretion of the superintendent, damaged personal property that is not contraband shall be replaced or the youth shall receive the fair market value of the property at the time it was damaged.

DOC 376.12(3) (3) In conducting searches, staff shall disturb the effects of youth as little as possible, consistent with thoroughness.

DOC 376.12(4) (4) Staff shall not read materials that they know or have reason to believe are legal materials.

DOC 376.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00 ; CR 24-003: am. (2), (4) Register February 2025 No. 830, eff. 3-1-25.

DOC 376.13 DOC 376.13 Search of youth.

DOC 376.13(1) (1) The following categories of youth searches may be conducted as follows:

DOC 376.13(1)(a) (a) Personal search. Staff may conduct a personal search of a youth under any of the following circumstances:

DOC 376.13(1)(a)1. 1. At the direction of a supervisor.

DOC 376.13(1)(a)2. 2. If staff have a reasonable belief that the youth possesses contraband.

DOC 376.13(1)(a)3. 3. Before a youth enters or leaves the security enclosure of a facility.

DOC 376.13(1)(a)4. 4. Before and after a youth has been with a visitor.

DOC 376.13(1)(a)5. 5. As part of a lockdown or a search of a housing unit under s. DOC 376.12 or facility under s. DOC 376.11.

DOC 376.13(1)(a)6. 6. When a youth is apprehended after an escape or an attempted escape.

DOC 376.13(1)(b) (b) Body scan search. A body scan search of a youth may occur only if there is probable cause to believe that the individual youth possesses or has ingested contraband or other harmful materials that could not be discovered through less intrusive means. Body scan searches of youth are subject to all of the following:

DOC 376.13(1)(b)1. 1. A body scan search may only be conducted in a private location not in view of other youth or staff members not involved in the search.

DOC 376.13(1)(b)2. 2. Body scan searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical staff.

DOC 376.13(1)(b)3. 3. Body scan searches may not be conducted in view of others not directly involved in the search and must be conducted away from video recording.

DOC 376.13(1)(b)4. 4. Psychology staff shall be notified as soon as practicable when a youth has been body scan searched.

DOC 376.13(1)(b)5. 5. Body scan searches shall be documented by staff.

DOC 376.13(1)(b)6. 6.

DOC 376.13(1)(b)6.a. a. Images produced utilizing body scanner technology may be viewed only when necessary by supervisors, psychology staff, or the health services unit.

DOC 376.13(1)(b)6.b. b. Images produced utilizing body scanner technology may not be stored on any external storage device or copied in any manner, unless authorized by the superintendent.

DOC 376.13(1)(c) (c) Strip search. A strip search of a youth may occur only if there is probable cause to believe that the individual youth possesses contraband that could not be discovered through less intrusive means. Strip searches, when permitted, are subject to all of the following:

DOC 376.13(1)(c)1. 1. A strip search may only be conducted in a private location. No unintended individuals including youth and staff shall be able to view the search, including by video or audio recording.

DOC 376.13(1)(c)2. 2. Strip searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical professional.

DOC 376.13(1)(c)3. 3. Less intrusive search methods shall be attempted before a strip search is conducted, unless it is determined by psychology staff in consultation with the youth that less intrusive searches, which may include physical contact, would cause greater trauma to the youth.

DOC 376.13(1)(c)4. 4. Strip searches may only be conducted by staff trained in trauma-informed care in accordance with facility policy.

DOC 376.13(1)(c)5. 5. Psychology staff shall be consulted prior to a strip search.

DOC 376.13(1)(c)6. 6. Strip searches shall be documented by staff.

DOC 376.13(1)(d) (d) Body contents search. Only staff assigned by the superintendent may obtain samples as part of a body contents search. Staff of the same gender identity as the youth being searched shall collect urine specimens. Trained staff may conduct breath specimen tests. Assigned staff may conduct a body contents search under any of the following circumstances, and only after approval by the superintendent:

DOC 376.13(1)(d)1. 1. For security reasons.

DOC 376.13(1)(d)2. 2. For program reasons.

DOC 376.13(1)(d)3. 3. For investigation purposes if one or more staff, from direct observation or reliable sources, have a reasonable belief that a youth has used, possesses, or is under the influence of intoxicating substances.

DOC 376.13(1)(d)4. 4. As part of a random testing program.

DOC 376.13(1)(d)5. 5. As required by a court for DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

DOC 376.13(2) (2) Staff shall preserve the dignity of youth to the extent reasonably possible in all searches conducted under this section and are required to conduct all searches utilizing trauma-informed care.

DOC 376.13(3) (3) Before a search is conducted pursuant to this section, a youth shall be informed that a search is about to occur and of the nature of the search and the location where the search is to occur.

DOC 376.13(4) (4) Results of searches, and any contraband or test results obtained under sub. (1), may be retained as evidence for consideration in response to addressing noncompliant behaviors.

DOC 376.13(5) (5) All searches conducted under sub. (1) shall be documented by staff and include all of the following: