Chapter DOC 396

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.

DOC 396.16(5) (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.

DOC 396.16(6) (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.

DOC 396.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.17 DOC 396.17 Chemical agents and weapons.

DOC 396.17(1) (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.

DOC 396.17(2) (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:

DOC 396.17(2)(a) (a) If approved by the department.

DOC 396.17(2)(b) (b) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

DOC 396.17(2)(c) (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.

DOC 396.17(3) (3) Approved products. Staff may carry and use only the delivery systems for oleoresin capsicum which are approved by the department.

DOC 396.17(4) (4) Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.

DOC 396.17(5) (5) Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

DOC 396.17(6) (6) Firearms or other weapons. Staff may not carry a firearm or other weapon while on duty.

DOC 396.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.18 DOC 396.18 Search and seizure.

DOC 396.18(1) (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:

DOC 396.18(1)(a) (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.

DOC 396.18(1)(b) (b) “Property” means objects under a youth’s control, regardless of ownership.

DOC 396.18(2) (2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

DOC 396.18(2)(a) (a) When staff have a reasonable belief that a youth possesses contraband.

DOC 396.18(2)(b) (b) After the youth has been taken into custody and before transporting the youth.

DOC 396.18(2)(c) (c) Upon release from a secure detention center or type 1 secured correctional facility or other secured confinement.

DOC 396.18(2)(d) (d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

DOC 396.18(2)(e) (e) At random with the prior authorization of a supervisor.

DOC 396.18(2)(f) (f) At the direction of a supervisor.

DOC 396.18(3) (3) Strip search.

DOC 396.18(3)(a) (a) A strip search may be conducted in addition to a personal search for any reason stated in sub. (2) only when staff have a reasonable belief that the youth is concealing contraband secreted within the youth’s underclothing or external body areas, and the youth refuses to voluntarily give the suspected contraband to staff.

DOC 396.18(3)(b) (b) Staff shall obtain prior approval from a supervisor before conducting a strip search. The supervisor may approve the strip search if the supervisor determines that the requirements of par. (a) are met.

DOC 396.18(3)(c) (c) A strip search shall be conducted in a clean and private place by a person of the same sex as the youth being searched. The search shall be conducted by two persons of the same sex as the youth when possible.

DOC 396.18(4) (4) Body contents search.

DOC 396.18(4)(a) (a) Staff may conduct a body contents search if staff have a reasonable belief that a youth has consumed an intoxicating substance or is concealing contraband in a manner that might be discovered by such a search and prior authorization has been obtained from a supervisor.

DOC 396.18(4)(b) (b) Staff may require a youth to submit to routine drug and alcohol tests for cause as part of a routine testing of all youth in a program or as part of a random testing program.

DOC 396.18(4)(c) (c) When an agent or supervisor requires that collection of a urine specimen be observed, staff of the same sex as the youth shall observe and collect the urine specimen.

DOC 396.18(4)(d) (d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.

DOC 396.18(4)(e) (e) X-rays may be conducted only by licensed radiology personnel.

DOC 396.18(5) (5) Reasonable grounds to believe. In deciding whether a reasonable belief exists under subs. (2), (3) and (4), all of the following shall be considered:

DOC 396.18(5)(a) (a) The observations of staff.

DOC 396.18(5)(b) (b) Information provided by a reliable informant.

DOC 396.18(5)(c) (c) Prior seizures of contraband from the person or living quarters of the youth.

DOC 396.18(6) (6) Search of living quarters and property.

DOC 396.18(6)(a) (a) Staff may search a youth’s property and living quarters at any time with the approval of a supervisor. Whenever practical, staff may request the assistance of law enforcement authorities to assist in a search.

DOC 396.18(6)(b) (b) If a parent or other adult with whom a youth resides denies access to any part of the property or living quarters referred to in par. (a), the youth’s agent may require the youth to move to another placement approved by the department.

DOC 396.18(6)(c) (c) There is no requirement that there be any evidence that contraband is concealed in the property or living quarters of a youth before a search is conducted.

DOC 396.18(6)(d) (d) A supervisor shall approve a search before it occurs, unless exigent circumstances, such as suspicion that the youth will destroy contraband or use a weapon, require a search without approval.

DOC 396.18(6)(e) (e) Staff who conduct a search shall prepare a written report of the search which shall state all of the following:

DOC 396.18(6)(e)1. 1. The identity of staff who conducted the search and the supervisor who approved it.

DOC 396.18(6)(e)2. 2. The date and time of the search.

DOC 396.18(6)(e)3. 3. The identity of the youth whose residence or property was searched.

DOC 396.18(6)(e)4. 4. The location of the property which was searched.

DOC 396.18(6)(e)5. 5. The reason for conducting the search and whether the search was a random search.

DOC 396.18(6)(e)6. 6. Any objects that were seized pursuant to the search.

DOC 396.18(6)(e)7. 7. Whether any damage was done to the premises during the search.

DOC 396.18(6)(f) (f) If any objects were seized or property was damaged during the search of a youth’s property or living quarters, the youth shall be informed in writing. A youth shall be reimbursed for the repair or replacement of damaged property that is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

DOC 396.18(6)(g) (g) Staff shall confiscate items believed to be contraband and report those items to the appropriate law enforcement authorities. Contraband shall be disposed of consistent with s. DOC 376.17.

DOC 396.18(6)(h) (h) In conducting a search, staff shall disturb the effects of a youth as little as possible, consistent with thoroughness.

DOC 396.18(6)(i) (i) Staff shall not read legal materials belonging to a youth during a search.

DOC 396.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.19 DOC 396.19 Custody and transporting.

DOC 396.19(1) (1) General. Staff shall request that law enforcement authorities take a youth into custody and transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility whenever practical. When assistance is not available, staff may take a youth into custody and transport the youth in accordance with this section.

DOC 396.19(2) (2) Transporting. When a youth is taken into custody by staff, the youth shall be transported as soon as practical.

DOC 396.19(3) (3) Personnel. Staff shall transport a youth in a secure manner to a secure facility and adequate staff shall supervise the transport consistent with department policies and procedures.

DOC 396.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.20 DOC 396.20 Release to aftercare. Consistent with ss. 938.357 (4m) and 938.538 (5) (a), Stats., and s. DOC 371.15, staff may recommend to OJOR that a youth be released from corrective sanctions, the SJO program or a type 2 secured correctional facility to aftercare. The recommendation shall be in writing and copies shall be forwarded to all JPRC members.

DOC 396.20 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.21 DOC 396.21 Complaint procedure for youth in a type 2 status.

DOC 396.21(1) (1) General. The department shall afford an opportunity for administrative review of decisions through the youth complaint procedure.

DOC 396.21(2) (2) Objectives. The objectives of this procedure are:

DOC 396.21(2)(a) (a) To allow youth to raise questions in an orderly manner regarding a decision affecting their supervision.

DOC 396.21(2)(b) (b) To encourage communication and cooperation between youth and staff.

DOC 396.21(2)(c) (c) To resolve problems that arise under supervision in an orderly and consistent manner.

DOC 396.21(3) (3) Scope. This complaint procedure may be used by youth in the programs referred to in s. DOC 396.01 (1) to obtain a review of a department decision that affects the youth personally, except any decision regarding the following:

DOC 396.21(3)(a) (a) Custody and detention.

DOC 396.21(3)(b) (b) Termination.

DOC 396.21(3)(c) (c) A violation of a criminal law or ordinance.

DOC 396.21(3)(d) (d) The use or possession of a firearm or any weapon.

DOC 396.21(3)(e) (e) Any conditions of supervision imposed by a court or the office of juvenile offender review.

DOC 396.21(3)(f) (f) Discharge of a youth prior to the original discharge date of the youth’s order for supervision.

DOC 396.21(3)(g) (g) A major sanction under s. DOC 396.10.

DOC 396.21(4) (4) Filing a complaint.

DOC 396.21(4)(a) (a) A youth may initiate a review of a decision by filing a complaint with his or her agent.

DOC 396.21(4)(b) (b) The agent shall attempt to informally resolve the complaint. Any resolution agreed to by the agent and the youth shall be documented in the youth’s file.

DOC 396.21(4)(c) (c) If the complaint is not resolved as provided under par. (b), the youth may file a written request for review with the agent’s supervisor within 5 days of the decision on which the complaint is based, except that the supervisor may for good cause accept a complaint after that time.

DOC 396.21(5) (5) Supervisor’s investigation and decision.