Wisconsin Legislature: DOC 396.21(2)(a)

(6) Search of living quarters and property.

(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.

(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.

(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.

(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.

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

1. The identity of staff who conducted the search and the supervisor who approved it.

2. The date and time of the search.

3. The identity of the youth whose residence or property was searched.

4. The location of the property which was searched.

5. The reason for conducting the search and whether the search was a random search.

6. Any objects that were seized pursuant to the search.

7. Whether any damage was done to the premises during the search.

(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.

(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.

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

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

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

DOC 396.19 Custody and transporting.

(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.

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

(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.

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

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.

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

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

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

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

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

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

(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:

(a) Custody and detention.

(b) Termination.

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

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

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

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

(4) Filing a complaint.

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

(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.

(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.

(5) Supervisor’s investigation and decision.

(a) Upon receipt of a written request for review, the supervisor shall notify the agent of the complaint and obtain a statement from the agent regarding the complaint.

(b) The supervisor shall review the complaint, the request for review, the agent’s statement and any other relevant information. The supervisor may interview the youth or others to investigate the complaint. The supervisor shall issue a written decision within 14 working days of receipt of the request for review, stating the reasons for the decision. The youth and the agent shall be given copies of the decision.

(6) Appeal of the supervisor’s decision.

(a) A youth may appeal the supervisor’s decision in writing to the regional chief within 5 working days of the receipt of the decision, or the failure to issue a decision, stating the reasons for the appeal and requesting further review.

(b) The regional chief shall review the youth’s complaint and the supervisor’s decision and issue a decision within 14 working days of receipt of the appeal, stating the reasons for the decision. The regional chief may interview the youth or others to investigate the complaint. Copies of the decision shall be sent to the youth, the agent and the agent’s supervisor.

(7) Appeal of the regional chief’s decision.

(a) If the youth disagrees with the decision of the regional chief, the youth may appeal to the administrator within 5 working days after receiving the decision.

(b) The administrator shall review all relevant materials, including the youth’s complaint, the supervisor’s decision, and the regional chief’s decision and shall issue a written decision on the complaint within 14 working days after receiving the appeal. Copies of this decision shall be sent to the youth, the supervisor and the regional chief.

(c) If the administrator is unable to issue the decision within 14 working days, the administrator shall notify the parties involved of the reason for the delay. The administrator shall then have an additional 14 working days to issue a decision.

(d) The administrator’s decision on the complaint shall be the final decision of the department.

(e) If the administrator does not issue a decision, the decision of the regional chief shall be final.

(8) Affect of appeal on a disputed decision. During the period required under this section for investigation or review of any complaint, all affected parties shall comply with the decision currently under dispute.

(9) Expedited appeal. If the time periods required under this section for appeal of a complaint would effectively moot the complaint, the supervisor, regional chief or administrator shall make all reasonable efforts to expedite the appeal.

(10) Penalties.

(a) Staff shall not penalize a youth for filing a complaint under this section.

(b) Notwithstanding par. (a), a youth may be subject to discipline, up to and including transfer of the youth to a type 1 secured correctional facility, if it is determined that the youth knowingly made a false allegation or complaint.

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