Chapter DOC 380

Chapter DOC 380

COMPLAINT PROCEDURE FOR YOUTH IN TYPE 1
SECURED CORRECTIONAL FACILITIES

DOC 380.01   Authority and purpose.

DOC 380.02   Applicability.

DOC 380.03   Definitions.

DOC 380.04   Complaint procedure.

DOC 380.05   Designation, training and activities of complaint mediator.

DOC 380.06   Complaint resolution procedure.

DOC 380.07   Decision and appeal procedure.

DOC 380.08   Confidentiality.

DOC 380.09   Retaliation prohibited.

DOC 380.10   Report required.

Ch. DOC 380 Note Note: Chapter HSS 340 as it existed on June 30, 2000 was repealed and a new Chapter DOC 380 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 380.01 DOC 380.01 Authority and purpose.

DOC 380.01(1) (1) This chapter is promulgated under the authority of ss. 227.11 (2) and 938.48 (16), Stats., to provide rules to assure that complaints from youth placed in a type 1 secured correctional facility are investigated thoroughly and decided fairly.

DOC 380.01(2) (2) The objectives of the complaint process are all of the following:

DOC 380.01(2)(a) (a) To afford youth the opportunity to raise questions about correctional policies that directly affect them.

DOC 380.01(2)(b) (b) To encourage communication between youth and staff.

DOC 380.01(2)(c) (c) To develop a sense of involvement in the correctional process by youth and staff.

DOC 380.01(2)(d) (d) To correct errors in correctional policy through the exchange of ideas.

DOC 380.01(2)(e) (e) To allow youth who believe they have been treated unfairly to challenge staff decisions, process or policy.

DOC 380.01(2)(f) (f) To reduce frustration among youth about conditions at the institution in which they reside.

DOC 380.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 380.02 DOC 380.02 Applicability.

DOC 380.02(1) (1) This chapter applies to all youth placed in an institution, and complaints filed by those youth regarding residential programs, application of rules, division policies, conditions, procedures or other matters or incidents, except that a youth may not use the complaint procedure for complaints about any of the following:

DOC 380.02(1)(a) (a) Factual disputes or decisions in the disciplinary process under ch. DOC 373, except that the complaint procedure may be used to challenge procedural errors in accordance with sub. (2).

DOC 380.02(1)(b) (b) Matters over which the department has no authority.

DOC 380.02(1)(c) (c) Court-imposed conditions.

DOC 380.02(1)(d) (d) Decisions of OJOR.

DOC 380.02(1)(e) (e) A decision to place a youth at a specific institution.

DOC 380.02(1)(f) (f) A decision not to deliver mail, except under s. DOC 379.04 (9).

DOC 380.02(1)(g) (g) Suspension of visiting privileges.

DOC 380.02(1)(h) (h) Matters related to the revocation process.

DOC 380.02(1)(i) (i) Matters that do not directly affect the complainant.

DOC 380.02(1)(j) (j) An administrative rule of the department.

DOC 380.02(1)(k) (k) An issue which a youth may appeal under a department rule or a decision issued by the department in response to an appeal filed by a youth under a department rule.

DOC 380.02(2) (2) Youth may use the complaint procedure to challenge the procedure used by hearing officers under ss. DOC 373.72, 373.73 and 373.76 to 373.78.

DOC 380.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 380.03 DOC 380.03 Definitions.

DOC 380.03(1) (1) “Administrator” means the administrator of the department’s division of juvenile corrections or that person’s designee.

DOC 380.03(2) (2) “Complaint” means a complaint by one or more youth using the administrative procedures in this chapter.

DOC 380.03(3) (3) “Complaint mediator” means a staff person not a party to the incident or situation from which the complaint arose who is designated by the superintendent to receive complaints and perform duties under this chapter.

DOC 380.03(4) (4) “Department” means the department of corrections.

DOC 380.03(5) (5) “Division” means the department’s division of juvenile corrections.

DOC 380.03(6) (6) “Institution” means a type 1 secured correctional facility.

DOC 380.03(7) (7) “OJOR” means the division’s office of juvenile offender review.

DOC 380.03(8) (8) “Superintendent” means the superintendent of an institution or that person’s designee.

DOC 380.03(9) (9) “Staff” means an employee of the department.

DOC 380.03(10) (10) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 380.03(11) (11) “Youth” means a person under the supervision of the department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 48.366, Stats., or a person subject to a criminal penalty who is placed in an institution under s. 973.013 (3m), Stats., regardless of age.

DOC 380.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543.

DOC 380.04 DOC 380.04 Complaint procedure.

DOC 380.04(1) (1) Notice of procedure. An institution shall give a copy of this chapter and an oral explanation of the complaint procedure to a youth as part of the orientation process that occurs when a youth is placed in an institution. An institution shall establish specific polices and procedures relating to the complaint procedure and shall inform a youth of those policies and procedures in simplified written language.

DOC 380.04(2) (2) Forms. An institution shall make complaint and appeal forms readily available to youth.

DOC 380.04(3) (3) Changes in procedure. An institution shall orally explain to a youth and post or distribute changes in the complaint procedure affecting a youth, prior to the time the changes take effect.

DOC 380.04(4) (4) Initiation.

DOC 380.04(4)(a) (a) Before using the complaint procedure, a youth shall discuss problems with a social worker or youth counselor. All complaints shall be in writing and, except for complaints under par. (b), shall be filled with the complaint mediator.