Chapter DOC 396

DOC 396.01(1) (1) This chapter is promulgated under the authority of ss. 227.11 (2), 938.533 (2), 938.538 (7) and 938.539 (6), Stats., to provide rules for all of the following:

DOC 396.01(1)(a) (a) The community-based corrective sanctions program for youth who have been placed under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or 938.357 (4), Stats., and placed in the program by OJOR.

DOC 396.01(1)(b) (b) The SJO program for youth who have been placed under the supervision of the department under s. 938.34 (4h), Stats.

DOC 396.01(1)(c) (c) Type 2 secured correctional facilities under ss. 938.357 (4) and 938.539, Stats., for youth who have been transferred to a type 2 secured correctional facility by OJOR.

DOC 396.01(2) (2) In this chapter, the department seeks to achieve all of the following goals:

DOC 396.01(2)(a) (a) Provide a community-based option for youth who would otherwise be on aftercare, in a type 1 secured correctional facility or other placement facility.

DOC 396.01(2)(b) (b) Maintain public safety and youth discipline through supervision and sanctions appropriate to the needs and requirements of youth in each program.

DOC 396.01(2)(c) (c) Provide the programming, services, discipline and supervision necessary to help youth in each program make meaningful, positive changes in their lives.

DOC 396.01(2)(d) (d) Encourage youth in each program to lead a crime-free life.

DOC 396.01(2)(e) (e) Provide youth with education, vocational training, life skills training or employment appropriate to the youth’s abilities.

DOC 396.01(2)(f) (f) Involve the youth’s family, as appropriate, with the program.

DOC 396.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.02 DOC 396.02 Applicability. This chapter applies to the department and to youth whose supervision is transferred to the department pursuant to ss. 48.366 and 938.183, 938.34 (4h) or (4m) or 938.357 (4), Stats., who are evaluated for and selected to participate in the corrective sanctions program under s. 938.533, Stats., the community phase of the SJO program under s. 938.538, Stats., or for transfer to a community placement in a type 2 secured correctional facility under s. 938.357 (4) (am), Stats.

DOC 396.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755.

DOC 396.03 DOC 396.03 Definitions. In this chapter:

DOC 396.03(1) (1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 396.03(2) (2) “Administrative detention” means secure, temporary confinement of a youth in a type 1 secured correctional facility, an approved juvenile detention center or the approved juvenile section of a county jail pending the outcome of the termination procedure in s. DOC 396.12 or transfer to an alternative type 2 status placement.

DOC 396.03(3) (3) “Aftercare” means the aftercare supervision status of a youth, as used in s. 938.34 (4n), Stats., who is released from a type 1 or type 2 secured correctional facility by OJOR or by action of a court under s. 938.357, Stats., and is supervised outside of a type 1 secured correctional facility by the department or a county department until the expiration or termination of the youth’s court ordered supervision.

DOC 396.03(4) (4) “Agent” means a person, or that person’s designee, employed by the department, who provides aftercare supervision or type 2 community supervision for a youth and who is authorized to make decisions regarding aftercare or community supervision matters.

DOC 396.03(5) (5) “Bodily injury” means physical pain or injury, illness or any impairment of physical condition.

DOC 396.03(6) (6) “Body contents search” means a search in which a youth is required to provide a sample of urine, breath, saliva, blood, stool, hair, tissue or any body fluid for testing for the presence of intoxicating substances, as defined in s. DOC 373.46 (1), in accordance with department procedures and with methods approved by the state laboratory of hygiene, or to submit to nonsurgical physical examination by medical personnel which may include, but is not limited to, x-rays for detecting the use of intoxicating substances or the possession of contraband. Body contents searches do not include examinations and tests performed by medical personnel for medical reasons.

DOC 396.03(7) (7) “Case plan” means a strategy or approach to address primary treatment needs of a youth using the assessment and evaluation process identified in s. DOC 371.04 (1) (e).

DOC 396.03(8) (8) “Chemical agent” means oleoresin of capsicum or “OC” approved by the department for use as a non-deadly force.

DOC 396.03(9) (9) “Close confinement” means confinement to a youth’s room with a minimum of one hour per day out of the room.

DOC 396.03(10) (10) “Contraband” means all of the following:

DOC 396.03(10)(a) (a) Any item a youth may not possess under the conduct rules and court-ordered conditions of the youth’s community placement, including, but not limited to, unauthorized money, intoxicants, drug paraphernalia, weapons or smoking materials.

DOC 396.03(10)(b) (b) Any item, the possession of which violates any law of Wisconsin or the United States, a municipal ordinance or any rule of the department.

DOC 396.03(10)(c) (c) Any item a youth may possess, but which comes into his or her possession in an unauthorized manner including, but not limited to, an item that is received from a person with whom the youth is not supposed to have contact under the conduct rules or court-ordered conditions of the youth’s placement.

DOC 396.03(10)(d) (d) Stolen property.

DOC 396.03(11) (11) “Corporal punishment” means the intentional infliction of physical pain as a means of discipline.

DOC 396.03(12) (12) “CSP” means the corrective sanctions program under s. 938.533, Stats.

DOC 396.03(13) (13) “Day” means a calendar day.

DOC 396.03(14) (14) “Deadly force” means force which is intended or is likely to cause death or great bodily harm to another.

DOC 396.03(15) (15) “Department” means the department of corrections.

DOC 396.03(16) (16) “Division” means the department’s division of juvenile corrections.

DOC 396.03(17) (17) “Electronic monitoring” means monitoring a youth’s location with an electronic device of a type approved by the administrator and worn by a youth to monitor the youth’s location during specific periods of time each day that the youth is required to be at his or her place of residence or at another approved location.

DOC 396.03(18) (18) “Force” means the use 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 mechanical restraints or physical force.

DOC 396.03(19) (19) “Great bodily harm” means bodily harm that creates a high probability of death, serious permanent disfigurement, a permanent or protracted loss or impairment of the function of any body member or organ or other serious bodily harm.

DOC 396.03(20) (20) “Guardian” has the meaning given in s. 938.02 (8), Stats.

DOC 396.03(21) (21) “JPRC” means the joint planning and review committee which makes short-term and long-term planning recommendations for youth, with members representing the type 1 secured correctional facility in which the youth resides, OJOR, the committing county and the aftercare provider.

DOC 396.03(22) (22) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

DOC 396.03(23) (23) “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.

DOC 396.03(24) (24) “Non-deadly force” means force which is not intended to and is not likely to cause death or great bodily harm to another.

DOC 396.03(25) (25) “OJOR” means the division’s office of juvenile offender review.

DOC 396.03(26) (26) “Parent” has the meaning given in s. 938.02 (13), Stats.

DOC 396.03(27) (27) “Personal search” means a search of a youth’s clothed person, including, but not limited to, inspection of the person’s pockets, frisking the person’s body, examining the person’s shoes and hat and visually inspecting the inside of a person’s mouth. A personal search does not include a strip search, body cavity search or body contents search.

DOC 396.03(28) (28) “Reasonably believes” or “reasonable belief” means that the actor believes that a certain fact exists and such belief under the circumstances is reasonable even though the belief may be erroneous.

DOC 396.03(29) (29) “Regional chief” means a division regional manager responsible for oversight of community correctional services or that person’s designee.

DOC 396.03(30) (30) “Report center” means a place where designated youth in a type 2 secured correctional facility shall report at specified times as a condition of program participation.

DOC 396.03(31) (31) “Rules of conduct” means the conditions of placement in the community.

DOC 396.03(32) (32) “Sanction” means any of a range of actions that staff may take when a youth violates the rules of conduct or court-ordered conditions of community supervision.

DOC 396.03(33) (33) “Sanction placement” means an alternative placement in a designated home, foster home, group foster home, child caring institution, secured juvenile detention center, another type 2 secured correctional facility or a type 1 secured correctional facility, when that placement is used for a specific period of time as a sanction for a youth for violation of the rules of conduct or court-ordered conditions of community supervision.

DOC 396.03(34) (34) “SJO” means the serious juvenile offender program defined in s. 938.538, Stats.

DOC 396.03(35) (35) “Staff” means an employee of the department.

DOC 396.03(36) (36) “Strip search” means a search in which a youth is required to remove all clothing. Permissible inspection includes examination of the youth’s clothing and visual inspection of body cavity orifices.

DOC 396.03(37) (37) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 396.03(38) (38) “Supervisor” means a department supervisor responsible for the supervision or administration of aftercare or community correctional program services or that person’s designee.

DOC 396.03(39) (39) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 396.03(40) (40) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 396.03(41) (41) “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.

DOC 396.03(42) (42) “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., regardless of age.

DOC 396.03(43) (43) “Youth counselor” means staff who may act as the “contact worker” under s. 938.533 (2), Stats., and are responsible for monitoring a youth’s daily activities while the youth is in a community supervision program.

DOC 396.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (42) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (41) 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 396.04 DOC 396.04 Designation as a type 2 secured correctional facility. To be designated by the department as a type 2 secured correctional facility, a CCI shall do all of the following:

DOC 396.04(1) (1) Obtain approval to operate a type 2 secured correctional facility by the department of health and family services.

DOC 396.04(2) (2) Apply for designation as a type 2 secured correctional facility in a manner specified by the administrator.

DOC 396.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.05 DOC 396.05 Maintaining designation. To maintain a designation by the department as a type 2 secured correctional facility, a CCI shall do all of the following:

DOC 396.05(1) (1) Abide by the provisions of this chapter and type 2 secured correctional facility policies and procedures that the facility agrees to by contract with the department.

DOC 396.05(2) (2) Maintain approval of the department of health and family services to operate a CCI and a type 2 secured correctional facility and abide by the rules, policies and procedures of the department of health and family services.

DOC 396.05(3) (3) Require staff who are authorized to use force and mechanical restraints on a type 2 status youth to complete a training program and periodic retraining approved by the department. Training shall include incident prevention and de-escalation and the safe and correct use of physical and mechanical restraints. Evidence of successful completion of training shall be retained in staff personnel files.

DOC 396.05(4) (4) Develop and maintain policies and procedures specific to type 2 status youth as required by the department and the department of health and family services.

DOC 396.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.06 DOC 396.06 Violation of designation requirements.

DOC 396.06(1) (1) If the department of health and family services cites a type 2 secured correctional facility for a violation of standards, the type 2 secured correctional facility shall notify the designated department contact person within 48 hours of receiving the citation, excluding weekends and legal holidays, and send a copy of the written citation to the department within 3 days of receiving the citation.

DOC 396.06(2) (2) If the department of health and family services withdraws its approval for the operation of a CCI or its approval to operate a type 2 secured correctional facility, the department shall withdraw the CCI’s type 2 secured correctional facility designation.

DOC 396.06(3) (3) If a type 2 secured correctional facility violates a provision of this chapter or a contract provision, the department may take one or more of the following actions:

DOC 396.06(3)(a) (a) Send the type 2 secured correctional facility a written notice of the violation and require the type 2 secured correctional facility to correct the violation within a specified period of time.

DOC 396.06(3)(b) (b) Remove the CCI’s type 2 secured correctional facility designation and send notice of the removal to the juvenile courts and county departments.

DOC 396.06(4) (4) A type 2 secured correctional facility may appeal a department decision under sub. (2) or (3) by filing an appeal with the division of hearings and appeals in the department of administration under ch. 227, Stats., in the manner specified by the division of hearings and appeals.

DOC 396.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.07 DOC 396.07 Referral of youth for type 2 community supervision programming.

DOC 396.07(1) (1) Criteria for participation. A youth may be considered for participation in CSP, the SJO community supervision phase or a type 2 secured correctional facility program if all of the following apply:

DOC 396.07(1)(a) (a) The youth is not likely to present a physical danger to self or to others if living in a type 2 secured correctional facility setting.

DOC 396.07(1)(b) (b) An appropriate type 2 secured correctional facility placement is available.

DOC 396.07(1)(c) (c) The security, supervision and programming needs of the youth can be met in a type 2 secured correctional facility setting.

DOC 396.07(1)(d) (d) If the youth is to be placed in a family setting, the youth’s parent, guardian or other adult with whom the youth will reside agree that they are willing to participate in the program and comply with all rules and conditions of the program.

DOC 396.07(2) (2) Referral. When a youth in a type 1 secured correctional facility appears to meet the criteria under sub. (1), the committing court or any member of the JPRC may recommend in writing that the youth be screened for acceptance into a particular program. Copies of the recommendation shall be sent to all members of the JPRC.

DOC 396.07(3) (3) Screening. Staff who manage the CSP, SJO and the type 2 secured correctional facility programs shall do all of the following in regard to each youth who has been recommended under sub. (2) for one of the programs: