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(16) The superintendent may authorize partial or complete release from full body restraints at any time.
(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.
(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.
(19) A monthly report concerning each incident involving the use of full body restraints shall be submitted by the superintendent to the administrator.
(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.
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 Escapes.
(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:
(a) Reporting the escape to the superintendent and the administrator.
(b) Staff communication.
(c) Notification to local and committing county law enforcement authorities.
(d) Notification to the community, consistent with s. 938.51 (1r), Stats.
Note: There is no statutory requirement for notification to the community in the event of escape.
(e) Pursuit of the escapee.
(f) An immediate count of all youth.
(g) A search of the facility and grounds.
(h) An investigation into the background, mail and visitors list of the escaped youth.
(i) An accessible list of the names, addresses and phone numbers of off-duty staff members.
(j) The operation of essential posts.
(k) Securing tools and any implement that may be fashioned into a weapon.
(L) Victim notification, if requested under s. 938.51 (4), Stats.
(m) The preservation of any evidence relevant to the escape and the chain of evidence.
(n) The repair of any facilities damaged in the escape.
(o) The responsibility of staff after an escape.
(p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.
(2) Reports. Reports of escapes required under sub. (1) (a) shall include:
(a) Date, time and location when the youth was last seen.
(b) The method of escape.
(c) Who was involved in the escape.
(d) A description of the escapee, including clothing worn.
(e) Action taken by the facility, including procedures initiated.
(f) A brief evaluation of the factors which may have contributed to the escape.
(g) The identification of persons who may have information about the escape.
(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.
(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.
(5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.
(6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.
(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.
(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.
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 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.
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 Search of youth living quarters.
(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:
(a) The identity of the staff who conducted the search and the supervisor who approved it.
(b) The date and time of the search.
(c) The identity of the youth whose living quarters were searched.
(d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.
(e) Any objects that were seized pursuant to the search.
(f) Whether any damage was done to the premises during the search.
(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.
(3) In conducting searches, staff shall disturb the effects of youth as little as possible, consistent with thoroughness.
(4) Staff shall not read materials that they know or have reason to believe are legal materials.
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 Search of youth.
(1) The following categories of youth searches may be conducted as follows:
(a) Personal search. Staff may conduct a personal search of a youth under any of the following circumstances:
1. At the direction of a supervisor.
2. If staff have a reasonable belief that the youth possesses contraband.
3. Before a youth enters or leaves the security enclosure of a facility.
4. Before and after a youth has been with a visitor.
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.
6. When a youth is apprehended after an escape or an attempted escape.
(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:
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.
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.
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.
4. Psychology staff shall be notified as soon as practicable when a youth has been body scan searched.
5. Body scan searches shall be documented by staff.
6.
a. Images produced utilizing body scanner technology may be viewed only when necessary by supervisors, psychology staff, or the health services unit.
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.
(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:
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.
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.
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.
4. Strip searches may only be conducted by staff trained in trauma-informed care in accordance with facility policy.
5. Psychology staff shall be consulted prior to a strip search.
6. Strip searches shall be documented by staff.
(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:
1. For security reasons.
2. For program reasons.
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.
4. As part of a random testing program.
5. As required by a court for DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.
(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.
(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.
(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.
(5) All searches conducted under sub. (1) shall be documented by staff and include all of the following:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.