Chapter DOC 396

DOC 396.10(3) (3) The review procedure to determine if a youth has committed a violation includes all of the following:

DOC 396.10(3)(a) (a) An agent may impose a minor sanction for a minor offense after completing an investigation.

DOC 396.10(3)(a)1. 1. The agent shall document the offense and the sanction in the youth’s file.

DOC 396.10(3)(a)2. 2. A youth may use the complaint procedure in s. DOC 396.21 to seek review of a decision to impose a minor sanction, except that filing a complaint shall not delay the imposition of a minor sanction.

DOC 396.10(3)(b) (b) A major offense shall be documented on a violation report prepared by a youth’s agent that shall include all of the following:

DOC 396.10(3)(b)1. 1. All of the facts obtained in the agent’s investigation, the proposed sanction and a written statement from the youth or a report of an oral statement from the youth.

DOC 396.10(3)(b)2. 2. The rule allegedly violated, how the rule was violated and the date and place of violation.

DOC 396.10(3)(b)3. 3. Witness statements or summaries of witness statements.

DOC 396.10(3)(b)4. 4. The evidence and the names of witnesses reported by the youth.

DOC 396.10(3)(b)5. 5. The efforts that were made by the agent to interview witnesses and gather evidence identified by the youth.

DOC 396.10(3)(c) (c) Issuance of a proper notice cures a defective notice.

DOC 396.10(3)(d) (d) A copy of the violation report shall be served on the youth within 5 days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report.

DOC 396.10(3)(e) (e) An agent may impose a major sanction after review and approval of a violation report by a supervisor under par. (d), service of the violation report on a youth and completion of the following appeal procedure:

DOC 396.10(3)(e)1. 1. A youth may appeal a violation report to a regional chief by service of a written appeal within 5 working days of receipt of the violation report. The regional chief who conducts the review shall not be the person who has imposed a sanction under this section.

DOC 396.10(3)(e)2. 2. If an appeal is to the regional chief’s designee, the designee shall not be the immediate supervisor of the agent who conducted the investigation.

DOC 396.10(3)(e)3. 3. The regional chief shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal. If the sanction is reversed, the supervisor ruling on the appeal shall direct that the sanction be removed from the youth’s record.

DOC 396.10(3)(e)4. 4. An appeal by a youth shall not delay the imposition of a major sanction.

DOC 396.10(4) (4) Chapters DOC 371 to 381, 383 and 392 and all type 1 secured correctional facility policies and procedures apply to a youth when the youth is transferred to a type 1 secured correctional facility for the period of the sanction.

DOC 396.10(4)(a) (a) When a youth is transferred to a placement other than a type 1 secured correctional facility as a sanction, all rules and policies of the placement apply to the youth.

DOC 396.10(4)(b) (b) Type 1 secured correctional facility staff may place the youth in a secured status or other program under close or modified confinement during the period of the sanction consistent with the youth’s needs and institution needs and subject to department rules and institution policies and procedure.

DOC 396.10(4)(c) (c) Close or modified confinement may not be used in a type 2 secured correctional facility operated by a child welfare agency.

DOC 396.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

DOC 396.11 DOC 396.11 Administrative detention.

DOC 396.11(1) (1) A youth may be placed in administrative detention by the youth’s agent or other staff with the approval of a supervisor and kept there if the supervisor is satisfied that there is a reasonable basis to believe that one or more of the following are true:

DOC 396.11(1)(a) (a) If the youth remains in the community or in the current placement the youth will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

DOC 396.11(1)(b) (b) If the youth remains in the current placement, the youth will encourage others by example, expressly, or by the youth’s presence, to defy staff authority and thereby erode the ability of staff to control a particular situation.

DOC 396.11(1)(c) (c) If the youth remains in the current placement, it will create a substantial danger to the physical safety of the youth or another person.

DOC 396.11(1)(d) (d) If the youth remains in the current placement, there is a substantial danger that the youth will try to flee.

DOC 396.11(1)(e) (e) If the youth remains in the current placement, a criminal, disciplinary or termination procedure under s. DOC 396.12 will thereby be inhibited.

DOC 396.11(1)(f) (f) If the youth remains in the current placement, there is a substantial danger that the youth will commit a crime.

DOC 396.11(1)(g) (g) If the youth remains in the current placement, there is a substantial risk that the youth will engage in an activity that violates a conduct rule or condition of program supervision.

DOC 396.11(1)(h) (h) The youth’s retention in the community placement will not accomplish the goals stated in s. DOC 396.01 (2).

DOC 396.11(2) (2) Notwithstanding sub. (1), an agent or other staff may take a youth into custody without prior supervisory approval if the decision maker reasonably believes that an urgent situation exists and that failure to immediately take the youth into custody may result in injury to some person, a violation of law or the youth’s escape.

DOC 396.11(3) (3) Supervisory staff shall review the placement of a youth in detention within 3 working days after it takes place. Before this review, staff shall provide the youth with the reason for detention in writing and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the youth’s response to the detention. If, upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the youth’s previous placement or alternative placement.

DOC 396.11(4) (4) No youth may remain in detention for more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), supervisory staff shall review the status of each youth in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the previous placement or alternative placement.

DOC 396.11(5) (5) A youth may be detained in a type 1 secured correctional facility, or other facility approved by the department.

DOC 396.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.12 DOC 396.12 Reasons for termination. A youth’s type 2 secured correctional placement or less restrictive placement may be terminated for any of the following reasons:

DOC 396.12(1) (1) There has been a change of circumstances, such as the loss, for any reason, of a residence, school or treatment program.

DOC 396.12(2) (2) The youth has committed one or more of the following violations:

DOC 396.12(2)(a) (a) The youth has violated a state or federal statute or local ordinance.

DOC 396.12(2)(b) (b) The youth has violated a department rule.

DOC 396.12(2)(c) (c) The youth has violated the rules of any facility, institution or program where the youth is held or to which the youth is assigned.

DOC 396.12(2)(d) (d) The youth has violated one or more of the conduct rules.

DOC 396.12(3) (3) In the discretionary judgment of the department, the transfer is reasonably calculated to serve the interests stated in s. DOC 396.01 (2).

DOC 396.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.13 DOC 396.13 Termination procedure.

DOC 396.13(1) (1) A proposed termination of placement under s. DOC 396.12 shall be reviewed by a supervisor.

DOC 396.13(2) (2) The supervisor may recommend one of the following to the administrator who shall make the determination:

DOC 396.13(2)(a) (a) Termination of the placement and transfer of the youth to a type 1 secured correctional facility.

DOC 396.13(2)(b) (b) Termination of the placement and transfer of the youth to a type 2 secured correctional facility if the youth was previously transferred from a type 2 secured correctional facility to a less restrictive placement.

DOC 396.13(2)(c) (c) Any other appropriate action.

DOC 396.13(3) (3) Prior to completion of the termination procedure, the department may take any action it considers necessary for protection of the public including administrative detention in a type 1 secured correctional facility or any other facility approved by the department to detain a youth.

DOC 396.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.14 DOC 396.14 Escape.

DOC 396.14(1) (1) Youth in CSP, the SJO program, a type 2 secured correctional facility or having been placed in a type 2 secured correctional facility by the department are subsequently placed in a less restrictive placement, are under the supervision of the department as defined in s. 938.505 (1), Stats., and are in custody as defined in s. 946.42 (1) (a), Stats.

DOC 396.14(2) (2) A youth has escaped if the youth is absent without permission or leaves one or more of the following placements or scheduled activities without permission:

DOC 396.14(2)(a) (a) The youth’s residence or other assigned placement.

DOC 396.14(2)(b) (b) A scheduled school classroom or training site.

DOC 396.14(2)(c) (c) A scheduled work site.

DOC 396.14(2)(d) (d) An assigned report center or other department office.

DOC 396.14(2)(e) (e) Any other scheduled program or activity, including an authorized treatment program, community service assignment or any other activity established in the youth’s daily schedule.

DOC 396.14(2)(f) (f) Any other place to which the youth has been assigned.

DOC 396.14(3) (3) A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by staff to the district attorney for consideration of charges regarding the escape.

DOC 396.14(4) (4) When staff reasonably believe that a youth has escaped, staff shall immediately contact law enforcement authorities and may search for and attempt to take the youth into custody.

DOC 396.14(5) (5) Staff shall notify a supervisor promptly whenever a youth escapes.

DOC 396.14(6) (6) Staff shall make a reasonable effort to promptly notify any victims or witnesses who have requested notification under s. 938.51 (2), Stats.

DOC 396.14(7) (7) When a youth who has escaped is taken into custody and detained under s. DOC 396.11 (1) or (2), the youth may be placed on close confinement status pending investigation of the escape and termination of the placement under s. DOC 396.12.

DOC 396.14(8) (8) When a youth is detained following an escape, a violation report under s. DOC 396.10 (3) (b) shall be promptly forwarded to the youth at the facility where the youth is being detained.

DOC 396.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.15 DOC 396.15 Use of physical force.

DOC 396.15(1) (1) Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.

DOC 396.15(2) (2) Corporal punishment. Staff may not impose corporal punishment on any youth.

DOC 396.15(3) (3) Amount of physical force. Only reasonable and the minimum necessary force may be used stop a youth in the act of escaping or to apprehend a youth under s. 938.08 (3), Stats. Staff may not use excessive force. All of the following procedures apply to the use of force to unless use of the procedures would facilitate an escape:

DOC 396.15(3)(a) (a) Staff shall not attempt to physically handle a youth until sufficient staff are present for a show of physical force.

DOC 396.15(3)(b) (b) Staff shall ask a youth to voluntarily comply.

DOC 396.15(3)(c) (c) If a youth refuses to voluntarily comply, one or more staff may firmly grasp the youth.

DOC 396.15(3)(d) (d) Staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.

DOC 396.15(4) (4) Follow-up after the use of force.

DOC 396.15(4)(a) (a) After staff use force on a youth under sub. (1), the youth and involved staff shall immediately be checked by staff for injury. If the youth or staff have been injured, staff shall immediately seek appropriate medical treatment of the injury. A supervisor shall be notified immediately of the use of force and any injury to youth or staff.

DOC 396.15(4)(b) (b) The staff shall promptly notify the department regarding the use of force, but not later than 24 hours after the use of force. Staff involved in the incident shall submit a written report describing the incident of use of force to a supervisor within 24 hours of the incident. The report shall be included in the youth’s file. The report shall include all of the following:

DOC 396.15(4)(b)1. 1. The youth’s full name and the date, time and place force was used against the youth.

DOC 396.15(4)(b)2. 2. The name of all staff who used force against the youth.

DOC 396.15(4)(b)3. 3. All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).

DOC 396.15(4)(b)4. 4. The reason for using force.

DOC 396.15(4)(b)5. 5. The names of all persons who observed the use of force and their written accounts of the occurrence or a report of their accounts.

DOC 396.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.16 DOC 396.16 Mechanical restraints.

DOC 396.16(1) (1) General. Staff may use mechanical restraints only in accordance with this section.