Wisconsin Legislature: DOC 393.05(1)(j)

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

(29) “Type 2 status” means the status of a youth who is placed by the department in a type 2 secured correctional facility, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (am) or (c), Stats., is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.

(30) “Violation report” means a written report prepared by staff which describes facts relating to an alleged violation by a youth.

(31) “Youth” means a person under the supervision of the department or a county department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 48.366, Stats., regardless of age.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (29) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 393.04 Responsibilities of the aftercare provider. The department or county department providing aftercare shall make reasonable efforts to ensure all of the following regarding a youth on aftercare:

(1) The youth is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.

(2) The youth is protected from abuse or neglect.

(3) The youth is provided with accessible and usable services, and any reasonable accommodations and services needed to benefit from correctional programming.

(4) The youth is provided with an interpreter if his or her ability to speak, understand, read or write English is limited.

(5) The youth is placed in the youth’s parental home when this is consistent with correctional programming and the protection of the public.

(6) The youth is involved in planning his or her ongoing correctional program.

(7) The youth has appropriate access to the courts and legal counsel.

(8) The youth has access to appropriate department, county department and community programs and services consistent with the protection of the public and the youth’s needs.

(9) The youth has his or her educational, vocational, drug or alcohol abuse, health, mental health and other programming needs met.

(10) The youth may visit, use the mail and communicate with family members or an attorney within reasonable guidelines established by the department or a county department.

(11) The youth may participate in authorized recreational and religious activities.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (1) Register June 2020 No. 774, eff. 7-1-20.

DOC 393.05 Expected conduct.

(1) A youth’s agent shall inform the youth orally and in writing of the conduct rules imposed by the agent and the conditions imposed by the court. All of the following conduct rules apply to a youth on aftercare:

(a) The youth may not violate any state, federal or municipal law or regulation.

(b) The youth shall report any arrest or law enforcement contact to his or her agent as soon as possible, but no later than 72 hours after the arrest or contact. If a youth is taken into custody, the youth shall inform the law enforcement officer and any intake worker of his or her aftercare status and the name and agency of his or her agent.

(d) The youth shall be completely truthful with his or her agent at all times.

(e) The youth shall keep all scheduled appointments with the agent and all service providers.

(f) The youth shall report to and inform his or her agent of the youth’s whereabouts and activities as directed and may not go to or be present at any place prohibited by the agent.

(g) The youth shall obtain prior permission from his or her agent to terminate employment or change employment or to drop out of or change an educational or vocational program. If an unforeseen situation occurs causing the youth to act without prior permission, the youth shall notify the agent of the change as soon as possible, but not later than 72 hours after the change.

(h) If the youth resides with his or her parents or guardian, the youth shall notify his or her agent of the family’s change of residence in advance of the change, except when this is not possible, the youth shall notify his or her agent of the change as soon as possible, but not later than 72 hours after the change.

(i) If the youth is in an alternate care placement, the youth shall obtain advance permission from his or her agent before requesting or making a change of residence.

(j) The youth may not leave the state of Wisconsin unless the youth obtains prior permission and a signed travel permit from his or her agent.

(k) The youth may not purchase, own, carry or possess a firearm, knife, any other weapon, or ammunition without prior written authorization of his or her agent. An agent may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under s. 941.29, Stats., any other state law, federal law, municipal ordinance or court order.

(L) The youth may not use or possess any drug, item or substance that is illegal to possess, any intoxicating substance or any prescription drug except as properly prescribed for the youth and used by the youth in accordance with law.

(m) The youth may not purchase, lease, possess, trade, sell, own or operate a motor vehicle without prior approval of the youth’s agent. To obtain approval to operate a motor vehicle, the youth shall demonstrate proof of insurance, have a valid Wisconsin driver’s license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the youth’s rehabilitation.

(n) The youth may not borrow money or purchase on credit without prior approval of his or her agent.

(o) The youth shall submit to and cooperate with searches of the youth, living quarters and property and with tests ordered by the department, a county department, or a placement agency consistent with law including, but not limited to, urinalysis, breathalyzer and blood tests.

(p) The youth shall follow any additional rules, given orally or in writing, that may be issued by the youth’s agent. These rules may include, but are not limited to, directions relating to any of the following:

1. Companions.

2. Hours and curfews.

3. Medical, mental health or dental attention.

4. Counseling or therapy.

5. Family responsibilities and child support.

6. Support of self, including the sources of earned and unearned income.

7. Educational and vocational obligations.

8. Job attendance.

9. Court obligations, including court ordered restitution and surcharges, and the collection and handling of all restitution monies.

10. Frequency and manner of reporting to the agent.

11. Conditions to be met when residing in an alternate care placement.

12. Payment of debts.

(2) A youth shall comply with conduct rules that his or her agent may require to achieve the goals and objectives of the youth’s aftercare or any conditions established by the court.

(3) A youth shall sign a written copy of the conduct rules established for the youth’s aftercare prior to release from a type 1 or type 2 secured correctional facility, whenever possible, or immediately upon arrival at the initial community placement.

(4) The copy of the conduct rules signed by a youth under sub. (3) shall include the following notice: “These conduct rules are in addition to any court-ordered conditions. Your aftercare may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of these conduct rules.”

(5) At a youth’s first meeting with his or her agent following the youth’s release, the agent shall personally review the conduct rules and court-ordered conditions with the youth, and the agent and the youth shall sign a copy of the conduct rules if the youth did not sign the rules prior to release from the institution. The agent may modify or supplement the youth’s conduct rules at any time, either orally or in writing. If the agent modifies or supplements the conduct rules orally, the agent shall promptly give the youth a written copy of the changed or additional conduct rule.

(6) A youth who disagrees with a conduct rule established by his or her agent may appeal the agent’s decision to the agent’s supervisor within 5 working days of the decision. The supervisor shall review the appeal and make a written response to the youth within 5 working days of receipt of the appeal, upholding, reversing, or modifying the conduct rule. If the supervisor does not make a written response, the conduct rule is upheld.

(7) If the youth is in disagreement with the supervisor’s decision, the youth may appeal that decision to the next supervisory level of the department or county department within 5 working days of the supervisor’s decision or failure to issue a decision under sub. (6). The next level supervisor shall issue the final decision of the department or county department within 5 working days of receipt of the appeal. If the next level supervisor does not make a written response, the supervisor’s decision is upheld.

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

DOC 393.06 Use of force.

(1) General. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to exercise force to control a youth. When it is not practical, staff may use force to control the youth in accordance with this section.

(2) Corporal punishment. Staff may not impose corporal punishment on a youth.

(3) Amount of force. Only reasonable and the minimum necessary force may be used to achieve control of a youth. Staff may not use excessive force.

(4) Non-Deadly force.

(a) Staff may use non-deadly force to control a youth only if the user of force reasonably believes its use is immediately necessary to accomplish one of the following purposes:

1. To prevent an escape.

2. To prevent death or bodily injury to oneself or another.

3. To prevent unlawful damage to property.

4. To change the location of a youth.

5. To take a youth into custody or transport a youth.

(b) Before non-deadly force is used to accomplish one of the purposes under par. (a), staff shall use all reasonable efforts to persuade the youth to be voluntarily taken into custody or to cease inappropriate behavior.

(5) Deadly force.

(a) Staff may use deadly force to control a youth only if the user reasonably believes that its use is immediately necessary to prevent death or great bodily harm to oneself or another.

(b) Staff may not use deadly force to control a youth if its use creates a substantial danger of harm to an innocent third party, unless the danger created by not using deadly force is greater than the danger created by its use.

(6) Follow up after the use of force.

(a) After staff use force to control a youth, the youth and any involved staff shall immediately be checked for injury. If the youth or staff have been injured, the staff shall immediately seek appropriate medical treatment of any injury to the youth or staff. A supervisor shall be notified immediately of any injury to the youth or staff.

(b) When force is used against a youth, all staff who observed or were involved in the incident, shall submit a written record to a supervisor within 24 hours of the incident. The record shall describe the use of force and be placed in the youth’s file. The record shall include all of the following:

1. The youth’s full name and the date, time and place force was used against the youth.

2. The name of all staff who used force against the youth.

3. The reason for using force.

4. The names of all persons who observed the use of force.

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

DOC 393.07 Mechanical restraints.

(1) General. Staff may use mechanical restraints to control the behavior of a youth or transport a youth in accordance with this section.

(2) Reasons for using mechanical Restraints. Mechanical restraints may be used for any of the following purposes:

(a) To take a youth into custody

(b) To transport a youth

(d) To prevent unlawful damage to property

(e) To change the physical location of a youth

(f) To prevent a youth from escaping

(3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

(a) As a method of punishment