Chapter DOC 396

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.

DOC 396.16(2) (2) Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:

DOC 396.16(2)(a) (a) To stop a youth in the act of escaping.

DOC 396.16(2)(b) (b) To transport a youth who has escaped and been apprehended.

DOC 396.16(2)(c) (c) To temporarily restrain youth until the youth can be transported to a secure detention facility, a mental health or medical facility or a type 1 secured correctional facility.

DOC 396.16(3) (3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

DOC 396.16(3)(a) (a) As a method of punishment.

DOC 396.16(3)(b) (b) About the head or neck of a youth.

DOC 396.16(3)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth.

DOC 396.16(3)(d) (d) To secure a youth to a motor vehicle.

DOC 396.16(4) (4) Mechanical restraint procedures.

DOC 396.16(4)(a) (a) Custody and transportation. When staff place a youth in mechanical restraints to take the youth into custody and transport the youth after an escape or an attempted escape, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

DOC 396.16(4)(b) (b) Observation. Staff shall remain with a youth placed in mechanical restraints at all times until the restraints are removed or until the youth is admitted to a place of secure confinement or is taken into custody by law enforcement authorities.

DOC 396.16(4)(c) (c) Services and privileges. A youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

DOC 396.16(4)(d) (d) Check for injury. When staff use mechanical restraints, staff shall check the youth for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

DOC 396.16(4)(e) (e) Record. When staff use mechanical restraints to take a youth into physical custody, staff shall promptly notify a supervisor. The staff shall promptly notify the department no later than 24 hours after the occurrence. A written report describing the incident shall be submitted by staff to a supervisor within 24 hours and included in the youth’s file. The report shall include all of the following:

DOC 396.16(4)(e)1. 1. The youth’s full name, date, time and place the youth was placed in mechanical restraints.

DOC 396.16(4)(e)2. 2. The name of staff who placed the youth in restraints.

DOC 396.16(4)(e)3. 3. All relevant facts related to the incident that required the use of restraints.

DOC 396.16(4)(e)4. 4. The reason for placing the youth in restraints and a description of the restraints used.

DOC 396.16(4)(e)5. 5. A statement indicating when and under what circumstances the restraints were removed.