Wisconsin Legislature: Ch. DOC 376 TOC

Note: Chapter HSS 336 as it existed on June 30, 2000 was repealed and a new Chapter DOC 376 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 376.01 Authority and objectives. This chapter is promulgated under the authority of ss. 227.11 (2) (a), 301.025 and 938.48 (16), Stats. The department’s primary security objectives are to protect the public, staff and youth and to afford youth a safe setting to participate in activities that prepare them to be successfully reintegrated into the community.

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

DOC 376.02 Applicability. This chapter applies to the department and all youth under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

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

DOC 376.03 Definitions. In this chapter:

(1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(4) “Body contents search” means a search in which a youth is required to provide a biological sample, including deoxyribonucleic acid (DNA), urine, breath, or blood for analysis. Body contents searches do not include examinations and tests requested by medical staff for medical reasons.

(4m) “Body scan search” means a search using body scan technology to produce an image capable of revealing the presence of drugs, weapons, or other harmful materials concealed on or inside the body.

(5) “Chemical agent” means chloroacetophenone or “CN”, o-chlorobenzyl malononitrile or “CS”, oleoresin of capsicum or “OC” or other commercially manufactured chemical agents approved by the department.

(7) “Contraband” means any item or items introduced or found in the facility whether illegal or legal that are expressly prohibited by the department or facility policy.

(8) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

(8m) “De-escalation” means assisting a youth to regain behavioral control and to avoid physical intervention to defuse a volatile situation.

(9) “Department” means the department of corrections.

(10) “Facility” means a type 1 juvenile correctional facility, as defined in s. 938.02 (19), Stats.

(11) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of physical force and mechanical restraints.

(12) “Full body restraint” means a mechanical restraint used to simultaneously immobilize legs, arms and torso.

(13) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(13m) “Group disturbance” means the disruption or interference of normal facility operations resulting from 3 or more youth participating in actions, threats, demands, or suggestions to advocate disruption or disturbance almost akin to a riot.

(14) “Health services professional” means a nurse, an advanced practice nurse prescriber, a physician’s assistant or a physician who are licensed or certified to practice in Wisconsin.

(17) “Lockdown” means restriction of movement and programs throughout an entire facility to control a situation regarding safety or security of a facility.

(18) “Medical staff” means physician, physician’s assistant or nurse practitioner.

(19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to impede the free movement of a youth.

(21) “Personal search” means a search of a youth’s person including the clothing, a pat-down of the body, an examination of shoes, coat and hat and an inspection of the mouth.

(21m) “Psychology staff” means individuals licensed to provide behavioral health services in accordance with state law and who meet education, training, and experience to perform the duties required in accordance with professional standards and licensing.

(22) “Reasonable belief” means an actor’s belief that certain facts exist and the belief, under the circumstances, is reasonable even though the belief may be erroneous.

(22m) “Room confinement” means the involuntary restriction of a youth in a room, or other area, excluding the confinement of a youth to such an area during normal sleeping hours or on observation status as defined in ch. DOC 375.

(23) “Secretary” means the secretary of the department of corrections or that person’s designee.

(24) “Staff” means a state employee or a person under contract with the department or the facility where a youth is housed.

(25) “Strip search” means a search in which a youth is required to remove or rearrange clothes. Permissible inspection includes examination of the youth’s body and clothing and visual inspection of the mouth, breast, buttocks, or genitalia.

(26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

(27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

(28) “Trauma-informed care” means staff providing care to youth by understanding how traumatic events may impact a person to better support and assist them.

(28m) “Visual monitoring” means staff directly observing youth at staggered intervals not to exceed 30 minutes, in order to prevent the possibility of harm emanating from a variety of sources.

(29) “Youth” means a person or persons supervised by the department in a facility consistent with the requirements of law and regardless of age.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. (2), (3), am. (4), cr. (4m), am. (5), r. (6), am. (7), cr. (8m), r. and recr. (10), am. (13), cr. (13m), r. (15), (16), am .(17), (19), r. (20), am. (21), cr. (21m), am. (22), cr. (22m), am. (24), (25), r. and recr. (28), cr. (28m), am. (29) Register February 2025 No. 830, eff. 3-1-25.

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.