Chapter DOC 376

DOC 376.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.16 DOC 376.16 Factors to consider to determine if a search is necessary. Prior to searching a visitor, a youth or other staff, staff shall determine that reasonable grounds or probable cause exists to believe the person being searched possesses contraband. Staff shall consider all of the following factors.

DOC 376.16(1) (1) The reliability of information provided by an informant indicating the existence of contraband by assessing whether the information is detailed, consistent and corroborated.

DOC 376.16(2) (2) The reliability of an informant by considering whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information.

DOC 376.16(3) (3) The activity of a visitor, youth or staff that relates to whether the person to be searched might carry contraband.

DOC 376.16(4) (4) The information provided by the person who may be searched which is relevant to whether the person possesses contraband.

DOC 376.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.17 DOC 376.17 Seizure and disposal of contraband.

DOC 376.17(1) (1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent accompanied by the written report required under ss. DOC 376.13 (4) and 376.14 (7). Items that are not contraband shall be returned to the owner consistent with institution policy and procedure. Contraband shall be returned to the owner, given to the sheriff or local law enforcement agency or disposed of in accordance with this section.

DOC 376.17(2) (2) If staff writes a conduct report, as defined in s. DOC 373.03 (4), the superintendent shall determine the manner of disposal of contraband under sub. (3) after completion of a disciplinary hearing under s. DOC 373.73.

DOC 376.17(3) (3) Disposal of contraband shall be accomplished in one of the following ways:

DOC 376.17(3)(a) (a) Except as otherwise provided in this subsection, if the owner can be determined, the superintendent may direct that the contraband be returned to the owner. Contraband may not be returned to a youth unless its return is consistent with this section and the institution’s policies and procedures.

DOC 376.17(3)(b) (b) Property that is unlawful to possess under state or federal law shall be given to the sheriff or a local law enforcement agency.

DOC 376.17(3)(c) (c) Intoxicating substances shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(d) (d) Weapons shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(e) (e) Currency shall be returned to the owner if the owner is known, except that if a youth is the owner of currency, it shall be deposited in the youth’s account. Currency shall be placed in the state’s general fund if the owner cannot be determined.

DOC 376.17(3)(f) (f) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to locate the maker, the checks or negotiable instruments shall be given to the sheriff or a local law enforcement agency.

DOC 376.17(3)(g) (g) Other property, whose ownership is unknown, shall be sold through the department’s purchasing office and proceeds of the sale shall be placed in the state’s general fund. Items having an apparent value of $5.00 or less shall be destroyed in accordance with the policies and procedures of the institution.

DOC 376.17(3)(h) (h) If it is determined that a youth is the owner of contraband that is lawful to possess, other than currency, but return of the contraband is inconsistent with the department’s rules or the institution’s policies and procedures, the superintendent shall do one of the following:

DOC 376.17(3)(h)1. 1. Give the contraband to the sheriff or a local law enforcement agency.

DOC 376.17(3)(h)2. 2. Store the contraband in the institution until the youth is discharged or otherwise released from the institution.

DOC 376.17(3)(h)3. 3. Deliver the contraband by mail or commercial carrier to a person on the youth’s visiting list at the expense of the youth.

DOC 376.17(3)(h)4. 4. Deliver the contraband to a person on the youth’s visiting list when the person visits the institution.

DOC 376.17(3)(h)5. 5. Destroy the contraband, consistent with institution policy and procedure.

DOC 376.17(4) (4) A youth who is the owner of property under sub. (3) shall receive notice of the proposed disposition of the property at least 3 days prior to the disposition. The youth may appeal the decision by filing a complaint under ch. DOC 380. The property shall not be disposed of until the complaint is resolved.

DOC 376.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.18 DOC 376.18 Report of contraband seized. Each month the superintendent of each institution shall submit to the administrator a report of all contraband seized, the place and time it was seized, and the identity of the person possessing the contraband. If the contraband was not found in the possession of a person, the report shall state that fact.

DOC 376.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.19 DOC 376.19 Lockdown. In the event of a safety or security need, the superintendent may at any time lockdown an institution to investigate and control the situation. The superintendent shall give the secretary and the administrator advance notice, when possible, of any lockdown. If advance notice cannot be given, the superintendent shall notify the secretary and the administrator of a lockdown as soon as possible.

DOC 376.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.20 DOC 376.20 Disturbance plan.

DOC 376.20(1) (1) In this section, a disturbance means any of the following have occurred:

DOC 376.20(1)(a) (a) Two or more youth assault any person.

DOC 376.20(1)(b) (b) A youth has taken a hostage.

DOC 376.20(1)(c) (c) Two or more youth destroy state property or the property of another person.

DOC 376.20(1)(d) (d) Two or more youth, acting in concert, refuse to comply with an order to return to living quarters or to go to a place.

DOC 376.20(1)(e) (e) One or more youth incite or encourage one or more youth by words or acts to do any of the acts referred to in pars. (a) to (d).

DOC 376.20(2) (2) Each institution shall have a written plan, a copy of which shall be filed with the administrator, to control and stop a disturbance. The plan shall be prepared by the superintendent and shall be reviewed at least once a year.

DOC 376.20(3) (3) The purposes of the disturbance plan are:

DOC 376.20(3)(a) (a) To ensure, as the highest priority, the safety and welfare of the general public, staff and youth.

DOC 376.20(3)(b) (b) To protect property.

DOC 376.20(3)(c) (c) To maintain and restore order to the institution.

DOC 376.20(3)(d) (d) To identify any person who participated in the disturbance, to provide for disciplinary action to be taken according to ch. DOC 373 and to provide relevant information to the sheriff or local law enforcement agency so that participants can be prosecuted.

DOC 376.20(4) (4) Staff who are taken hostage have no authority to order any action or inaction by staff.

DOC 376.20(5) (5) If a major disturbance occurs that prevents the normal functioning of the institution, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09, until the disturbance is ended and order is restored to the institution.

DOC 376.20(6) (6) A superintendent shall immediately notify the administrator of a disturbance.

DOC 376.20(7) (7) If a disturbance occurs and a person is injured or if it results in a suspension of the rules under sub. (5), the secretary may convene a disturbance review panel to investigate the disturbance. The panel shall be made up of persons selected in accordance with sub. (8). The panel shall have adequate staff to conduct a thorough investigation of the disturbance.

DOC 376.20(8) (8) A disturbance review panel shall consist of 5 persons selected as follows:

DOC 376.20(8)(a) (a) Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.

DOC 376.20(8)(b) (b) Two members designated by the administrator, one of whom shall be a member of the administrator’s central office staff and one of whom shall be a member of the public.

DOC 376.20(8)(c) (c) One member to be designated by the superintendent of the institution where the incident occurred from the institution staff.

DOC 376.20(9) (9) A disturbance review panel shall submit a written report to the secretary that includes the facts relevant to the incident and states a conclusion as to whether the department’s rules were complied with.

DOC 376.20 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.21 DOC 376.21 Emergencies.

DOC 376.21(1) (1) In this section, “emergency” means an immediate threat to the safety of the staff or youth of an institution, as determined by a superintendent, other than a disturbance as defined in s. DOC 376.20 (1). An emergency may include, but is not limited to:

DOC 376.21(1)(a) (a) An epidemic.

DOC 376.21(1)(b) (b) A malfunctioning of institution systems including the water, electrical or telephone system.

DOC 376.21(1)(c) (c) A fire.

DOC 376.21(1)(d) (d) A bomb threat or explosion.

DOC 376.21(1)(e) (e) An employee strike.

DOC 376.21(1)(f) (f) A natural disaster.

DOC 376.21(1)(g) (g) A civil disturbance.

DOC 376.21(2) (2) Each institution shall have a written plan, a copy of which shall be filed with the administrator, to be implemented in the event of an emergency.

DOC 376.21(3) (3) The purposes of the emergency plan shall be:

DOC 376.21(3)(a) (a) To ensure as the highest priority, the safety and welfare of the general public, staff and youth.

DOC 376.21(3)(b) (b) To protect property.

DOC 376.21(3)(c) (c) To maintain or restore order to the institution.

DOC 376.21(3)(d) (d) To identify any person who contributed to the creation of an emergency and to provide this information to the sheriff or local law enforcement agency for prosecution.

DOC 376.21(4) (4) If an emergency occurs that prevents the normal functioning of the institution, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09, until the emergency is ended and order is restored to the institution.

DOC 376.21(5) (5) The superintendent shall provide immediate notification of an emergency to the administrator.

DOC 376.21(6) (6) If an emergency occurs, the secretary may convene a review panel to investigate the emergency. The panel shall be made up of persons selected in accordance with s. DOC 376.20 (8). The panel shall be provided with staff adequate to conduct a thorough investigation of the emergency.

DOC 376.21 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (intro.) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.