Wisconsin Legislature: Ch. DOC 379 TOC

Note: Chapter HSS 339 as it existed on June 30, 2000 was repealed and a new Chapter DOC 379 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 379.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2) and 938.48 (16), Stats., to structure the resources available to youth to balance the need for public protection, youth accountability, youth skill-building and the provision of services to youth in a safe, humane and caring environment.

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

DOC 379.02 Applicability. This chapter applies to the department and all youth who are 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 379.03 Definitions. In this chapter:

(1) “Activity group” means youth who participate in a group organized to promote educational, social, cultural or other lawful activities approved by the department.

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

(3) “Agent” means a person employed by the department or a county department to provide community supervision of a youth and authorized to make decisions regarding community supervision matters.

(4) “Close confinement” means restriction of a youth to the youth’s assigned room with a minimum of one hour of out-of-room time per day.

(5) “Close family member” means a youth’s natural, adoptive, step and foster parents, spouse, children, grandparents or siblings. A parent surrogate is within the definition of parent if investigation substantiates that a claimed surrogate did in fact act as a parent to the youth although the parent surrogate was not an adoptive, foster or stepparent.

(6) “Community supervision” means the corrective sanctions program under s. 938.533, Stats., aftercare under s. 938.34 (4n), Stats., the serious juvenile offender program under s. 938.538, Stats., and type 2 secured correctional facility supervision under s. 938.539 (2), Stats.

(7) “Contraband” means any of the following:

(a) Any item which subch. VI of ch. DOC 373 prohibits a youth from possessing.

(b) Any item which is not state property and is on the institution grounds, but not in the possession of any person or in an approved location.

(d) Any item that is not on a youth’s property list and is required to be.

(e) Any item of a type that is not allowed according to posted policies and procedures.

(f) Allowable items in excess of the quantity allowed according to policies and procedures.

(g) Items in the possession of a youth that do not belong to the youth, except for state property issued to the youth for personal use.

(h) Anything used as evidence in a disciplinary hearing that is deemed to be contraband by the hearing officer.

(8) “County department” means a county department under s. 938.02 (2g), Stats.

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

(10) “Gang” means a group of people that threatens, intimidates, coerces, or harasses other people or engages in activities that intentionally violate, or encourage the intentional violation of state or federal laws or regulations, municipal ordinances or institutional policies or procedures.

(11) “General account” means an account established to receive youth pay or allowances under s. 938.48 (13), Stats., pensions, disability payments, monetary gifts from family or any other payments to the youth from which disbursements may be made while the youth is under the supervision of the department.

(12) “Guardian” means the person named by the court having the duty and authority of guardianship.

(13) “Institution” means a type 1 secured correctional facility operated by the department.

(14) “Institution housing emergency” means any of the following:

(a) The number of youth exceeds the original design bed capacity of a specific institution.

(b) A portion of any institution’s original design bed capacity becomes unavailable for use as living quarters because of fire, storm or other damage, health-threatening contamination, staff unavailability beyond the control of the institution or a disturbance, with the result that the number of youth at a specific institution exceeds the available beds.

(15) “Mail” includes materials such as letters, other items of correspondence and packages processed through the United States postal service or courier including but not limited to United Parcel Service, Federal Express and Dunham Express, and letters and other items of correspondence processed within an institution.

(16) “Major penalty” means removal from general population under s. DOC 373.80 (3).

(17) “Modified confinement” means restriction of a youth to the youth’s assigned room with a minimum of 4 hours of out-of-room time per day.

(18) “No-contact visiting” means visitation during which no physical contact is permitted between a youth and a visitor.

(19) “Obscene material” means a writing, picture, sound recording or film, about which all of the following are true:

(a) The average person, applying contemporary community standards, would find it appeals to the prurient interest if taken as a whole.

(b) Under contemporary community standards, describes or shows sexual conduct in a patently offensive way.

(20) “Parent” has the meaning given in s. 938.02 (13), Stats.

(21) “Representative of the news media” means any person 18 years old or older who is a credentialed member of the press, including broadcast or print journalism, who visits an institution for the purpose of investigation and reporting.

(22) “Restitution” means payment owed by a youth to a victim, the court or the department pursuant to s. 938.34 (5) (a) or (8d), Stats.

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

(24) “Special events” means activities beyond regularly scheduled program events, including but not limited to, sporting events, guest speakers, concerts or recognition events.

(25) “Staff” means an employee of the institution, where a youth is housed.

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

(27) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(28) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

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

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

DOC 379.04 Mail.

(1) Policy. Communication fosters reintegration into the community and the maintenance of family ties. A youth may communicate with government offices, courts, approved family members and other persons concerned with the youth’s welfare as approved by the superintendent and consistent with program needs and the need to protect the public.

(2) Correspondence list. There shall be an approved correspondence list for each youth. The list shall include the name, date of birth, address, and relationship to the youth for all approved correspondents.