Chapter DOC 396

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:

DOC 396.07(3)(a) (a) Review all relevant, available written records relating to the youth including court and education records.

DOC 396.07(3)(b) (b) Interview the youth.

DOC 396.07(3)(c) (c) If applicable, interview the youth’s parents or other adult with whom the youth would be placed if released to one of the programs.

DOC 396.07(3)(d) (d) Recommend one of the following in writing to JPRC:

DOC 396.07(3)(d)1. 1. That the youth is appropriate for transfer planning.

DOC 396.07(3)(d)2. 2. That the youth does not meet the criteria for CSP, SJO community phase or type 2 secured correctional facility transfer planning.

DOC 396.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.08 DOC 396.08 Conduct rules.

DOC 396.08(1) (1) General provision. When a youth is transferred by OJOR from a type 1 to a type 2 secured correctional facility, the youth’s agent or other staff shall meet with the youth and review any court-ordered conditions of community placement and the conduct rules of the type 2 secured correctional facility for the specific program in which the youth will participate. The youth shall sign a copy of the court-ordered conditions and conduct rules prior to the transfer of the youth.

DOC 396.08(2) (2) Conduct rules. The following conduct rules apply to youth transferred to any type 2 secured correctional facility program:

DOC 396.08(2)(a) (a) The youth shall not violate any state or federal law, any local ordinance or the rules of the department.

DOC 396.08(2)(b) (b) The youth shall report any arrest or law enforcement contact to his or her agent as soon as possible, but not later than 12 hours after the contact. If a youth is taken into custody, the youth shall inform the law enforcement officer and any intake worker of the name of his or her agent and correctional status.

DOC 396.08(2)(c) (c) The youth shall cooperate with his or her agent and other staff and fully participate in his or her program and case plan.

DOC 396.08(2)(d) (d) The youth shall be completely truthful with his or her agent and other staff at all times.

DOC 396.08(2)(e) (e) The youth shall comply with all curfews established by staff.

DOC 396.08(2)(f) (f) The youth shall attend all educational and vocational programs and all appointments with service providers as scheduled.

DOC 396.08(2)(g) (g) The youth shall comply with his or her daily appointment schedule as approved by staff.

DOC 396.08(2)(h) (h) The youth shall report to and inform his or her agent or the assigned youth counselor of his or her whereabouts and activities as directed and may not go to or be present at any place prohibited by the agent, the youth counselor or placement facility staff.

DOC 396.08(2)(i) (i) If the youth is on an approved daily schedule, the youth shall obtain prior approval from department or placement facility staff at least 24 hours in advance before making any changes in the approved daily schedule.

DOC 396.08(2)(j) (j) The youth shall obtain prior approval from his or her agent or youth counselor to leave or change employment or to drop out of or change an educational or vocational program. If an unforeseen situation occurs causing the youth to leave or change employment or an educational or vocational program without prior permission, the youth shall notify his or her agent or youth counselor of the change as soon as possible, but not later than 24 hours after the change occurs.

DOC 396.08(2)(k) (k) The youth and the adult or family with whom the youth resides shall obtain advance permission from the youth’s agent before moving to a different residence.

DOC 396.08(2)(L) (L) The youth shall not leave the state of Wisconsin unless the youth obtains prior permission and a signed travel permit from his or her agent.

DOC 396.08(2)(m) (m) If placed on electronic monitoring, the youth shall cooperate with electronic monitoring procedures and shall not alter, damage or interfere in any way with the operation of the electronic monitoring equipment.

DOC 396.08(2)(n) (n) 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 in accordance with law.

DOC 396.08(2)(o) (o) The youth may not purchase, own, carry or possess a firearm, knife, weapon or ammunition without the prior written permission 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.

DOC 396.08(2)(p) (p) 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.

DOC 396.08(2)(q) (q) The youth may not borrow money, purchase on credit or enter into any contract without prior approval of his or her agent.

DOC 396.08(2)(r) (r) The youth shall submit to and cooperate with searches of the youth’s person, living quarters and property by staff and with tests ordered by staff, including but not limited to, urinalysis, breath tests and blood tests.

DOC 396.08(2)(s) (s) The youth may not possess or use paging devices, cellular phones or similar communication devices without prior approval of his or her agent.

DOC 396.08(2)(t) (t) The youth shall follow any additional rules, given orally or in writing that may be issued by staff. These rules may include, but are not limited to, directions concerning:

DOC 396.08(2)(t)1. 1. Companions.

DOC 396.08(2)(t)2. 2. Contacts with family members with whom the youth does not reside.

DOC 396.08(2)(t)3. 3. Sending and receiving mail.

DOC 396.08(2)(t)4. 4. Family responsibilities and child support.

DOC 396.08(2)(t)5. 5. Support of self, including earned and unearned income and its sources.

DOC 396.08(2)(t)6. 6. Court or municipal fines or obligations, including restitution and the collection and handling of all restitution funds.

DOC 396.08(2)(t)7. 7. Participation in community service.

DOC 396.08(2)(t)8. 8. Job seeking and job attendance.

DOC 396.08(2)(t)9. 9. Compliance with the policies and rules of a placement facility.

DOC 396.08(2)(u) (u) The youth shall comply with any court-ordered conditions of community placement.

DOC 396.08(3) (3) Notice of possible termination. The copy of the conduct rules signed by a youth under sub. (1) 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.”

DOC 396.08 Note Note: The terminology in the Notice referring to “aftercare” and “revocation” should be modified for a youth on type 2 status to “type 2 status” and to “terminated.”

DOC 396.08(4) (4) Explanation of the conditions and rules. A youth’s agent shall explain the conduct rules and any court-ordered conditions to the youth, the parent or adult with whom the youth will reside. The agent shall also explain what sanctions may be imposed for violation of the conduct rules or court-ordered conditions, including removal from the program and return to a type 1 secured correctional facility or if placed in a less restrictive placement, return to a type 2 secured correctional facility or other residential placement.

DOC 396.08(5) (5) Acceptance of conditions. The agent shall prepare a written statement of the conduct rules and court-ordered conditions of the youth’s program that apply to the youth and to the supervising adult or adults with whom the youth resides. The youth and the adult(s) shall sign the document stating their acceptance and agreement with the rules and conditions. The document shall state that failure to comply with all rules and conditions may result in revision of the rules and conditions, changes in the case plan, return to a type 1 or type 2 secured correctional facility or application of any other sanction allowed by law.

DOC 396.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.09 DOC 396.09 Responsibilities of staff.

DOC 396.09(1) (1) General responsibilities. All of the following apply to youth and staff shall require that each youth:

DOC 396.09(1)(a) (a) Is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.

DOC 396.09(1)(b) (b) Is protected from abuse or neglect.

DOC 396.09(1)(c) (c) Is provided with an interpreter if the youth’s ability to speak, understand, read or write English is limited.

DOC 396.09(1)(d) (d) Is placed in the youth’s parental home when this is consistent with the individual’s correctional programming and the protection of the public.

DOC 396.09(1)(e) (e) Is involved in planning his or her ongoing correctional program.

DOC 396.09(1)(f) (f) Has appropriate access to the courts and legal counsel.

DOC 396.09(1)(g) (g) Has access to appropriate department, county department and community programs and services consistent with the protection of the public and the youth’s individual needs.

DOC 396.09(1)(h) (h) Has his or her educational, vocational, drug or alcohol abuse, mental health and other programming needs addressed.

DOC 396.09(1)(i) (i) Has the opportunity to visit with and communicate orally or by mail with an attorney or persons approved by staff within reasonable guidelines established by the department or a placement agency.

DOC 396.09(1)(j) (j) Has the opportunity to participate in authorized recreational and leisure-time activities and appropriate religious activities.

DOC 396.09(1)(k) (k) Is monitored by CSP staff, if in the CSP program, 24 hours a day by a combination of programming, staff contacts and electronic monitoring.