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(d) The youth has violated one or more of the conduct rules.
(3)In the discretionary judgment of the department, the transfer is reasonably calculated to serve the interests stated in s. DOC 396.01 (2).
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.13Termination procedure.
(1)A proposed termination of placement under s. DOC 396.12 shall be reviewed by a supervisor.
(2)The supervisor may recommend one of the following to the administrator who shall make the determination:
(a) Termination of the placement and transfer of the youth to a type 1 secured correctional facility.
(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.
(c) Any other appropriate action.
(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.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.14Escape.
(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.
(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:
(a) The youth’s residence or other assigned placement.
(b) A scheduled school classroom or training site.
(c) A scheduled work site.
(d) An assigned report center or other department office.
(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.
(f) Any other place to which the youth has been assigned.
(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.
(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.
(5)Staff shall notify a supervisor promptly whenever a youth escapes.
(6)Staff shall make a reasonable effort to promptly notify any victims or witnesses who have requested notification under s. 938.51 (2), Stats.
(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.
(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.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.15Use of physical force.
(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.
(2)Corporal punishment. Staff may not impose corporal punishment on any youth.
(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:
(a) Staff shall not attempt to physically handle a youth until sufficient staff are present for a show of physical force.
(b) Staff shall ask a youth to voluntarily comply.
(c) If a youth refuses to voluntarily comply, one or more staff may firmly grasp the youth.
(d) Staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.
(4)Follow-up after the use of force.
(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.
(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:
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. All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).
4. The reason for using force.
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.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.16Mechanical restraints.
(1)General. Staff may use mechanical restraints only in accordance with this section.
(2)Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:
(a) To stop a youth in the act of escaping.
(b) To transport a youth who has escaped and been apprehended.
(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.
(3)Limitations on use. Mechanical restraints may not be used in any of the following ways:
(a) As a method of punishment.
(b) About the head or neck of a youth.
(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth.
(d) To secure a youth to a motor vehicle.
(4)Mechanical restraint procedures.
(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.
(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.
(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.
(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.
(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:
1. The youth’s full name, date, time and place the youth was placed in mechanical restraints.
2. The name of staff who placed the youth in restraints.
3. All relevant facts related to the incident that required the use of restraints.
4. The reason for placing the youth in restraints and a description of the restraints used.
5. A statement indicating when and under what circumstances the restraints were removed.
(5)Equipment. Staff shall only use mechanical restraints approved by the department. Staff shall examine the supply of mechanical restraints at least every 6 months. Any mechanical restraints which are excessively worn or which become defective through use shall be delivered to a supervisor to be destroyed.
(6)Annual report. Each regional chief shall submit an annual report to the administrator describing all incidents involving the use of mechanical restraints by program staff.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.17Chemical agents and weapons.
(1)Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.
(2)Use of oleoresin of capsicum. Staff may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a) and (c), Stats., while on duty and only under all of the following conditions:
(a) If approved by the department.
(b) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.
(c) While acting in self-defense or defense of a third person, as permitted under ss. 939.48 and 941.26 (4) (c) 1., Stats.
(3)Approved products. Staff may carry and use only the delivery systems for oleoresin capsicum which are approved by the department.
(4)Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.
(5)Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.
(6)Firearms or other weapons. Staff may not carry a firearm or other weapon while on duty.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.18Search and seizure.
(1)General. Staff may conduct a search of a youth and a youth’s living quarters or property at any time, subject to this section. In this section:
(a) “Living quarters” means a private bedroom, common familial or communal living areas and areas under a youth’s control or to which the youth has access, including, but not limited to, the grounds and motor vehicles.
(b) “Property” means objects under a youth’s control, regardless of ownership.
(2)Personal search. Staff may conduct a personal search of a youth for any of the following reasons:
(a) When staff have a reasonable belief that a youth possesses contraband.
(b) After the youth has been taken into custody and before transporting the youth.
(c) Upon release from a secure detention center or type 1 secured correctional facility or other secured confinement.
(d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.