Chapter DOC 346

DOC 346.36 DOC 346.36 Education. The facility shall do all of the following:

DOC 346.36(1) (1) Provide educational programming for youth consistent with the requirements of the department of public instruction.

DOC 346.36(2) (2) Ensure that youth have access to education, as provided by the school district in which the facility is located.

DOC 346.36(3) (3) Notify the school district in which the facility is located when youth are placed in the facility.

DOC 346.36(4) (4) Document on a daily basis all of the following:

DOC 346.36(4)(a) (a) Number of hours of instruction by a teacher.

DOC 346.36(4)(b) (b) Number of youth receiving instruction.

DOC 346.36(4)(c) (c) Names of youth who refused to participate in education.

DOC 346.36(4)(d) (d) Names of youth who were unable to participate and the reasons for the inability.

DOC 346.36 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.37 DOC 346.37 Leisure activities, recreation, and exercise.

DOC 346.37(1) (1) Leisure activities. The facility shall offer youth a range of leisure activities.

DOC 346.37(2) (2) Recreation. The facility shall do all of the following:

DOC 346.37(2)(a) (a) Have a supervised and scheduled recreation and exercise program.

DOC 346.37(2)(b) (b) Ensure all youth have access to at least one hour of large muscle exercise every weekday and at least 2 hours of large muscle exercise each Saturday and Sunday in a space outside of their own rooms.

DOC 346.37(2)(c) (c) Have and maintain supplies and equipment to provide a variety of recreational and exercise activities.

DOC 346.37 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

subch. IX of ch. DOC 346 Subchapter IX — Safety and Security

DOC 346.38 DOC 346.38 Security practices.

DOC 346.38(1) (1) Key control.

DOC 346.38(1)(a) (a) All keys assigned to staff shall be stored in a secure area when not in use. All keys must be accessible in the event of an emergency.

DOC 346.38(1)(b) (b) All keys assigned to staff shall be inventoried and documented at shift change.

DOC 346.38(1)(c) (c) Youth are not permitted to handle or utilize keys assigned to staff.

DOC 346.38(1)(d) (d) Keys issued to youth shall be inventoried when issued and returned.

DOC 346.38(2) (2) Weapons control.

DOC 346.38(2)(a) (a) The facility shall establish protocols for the introduction, availability, inventory, and storage of any security control devices and specify the level of authority required for access and use.

DOC 346.38(2)(b) (b) Firearms are not permitted in the facility except when brought in by law enforcement in emergency situations.

DOC 346.38(3) (3) Tool control. Tool control shall include the introduction, use, storage, and inventory of all tools brought in the facility or stored on-site.

DOC 346.38(4) (4) Searches.

DOC 346.38(4)(a) (a) Youth.

DOC 346.38(4)(a)1. 1. Searches shall not be conducted as a form of harassment, punishment, or discipline.

DOC 346.38(4)(a)2. 2. Searches of youth, except in exigent circumstances, shall be conducted by a staff member of the same gender as the youth.

DOC 346.38(4)(a)3. 3. Body cavity searches shall be conducted by a qualified health care professional.

DOC 346.38(4)(a)4. 4. The facility shall document the reason for all youth strip, body cavity, and cross-gender pat down searches and any items discovered through the search.

DOC 346.38(4)(a)5. 5. All youth strip, body cavity, and cross-gender pat down searches shall require the documented approval of a supervisor or designee.

DOC 346.38(4)(b) (b) Visitors. The facility shall develop protocols for the searching of visitors and their possessions.

DOC 346.38(4)(c) (c) Facility. At a minimum, monthly facility searches of all youth accessible areas shall be conducted and documented to control the existence of contraband.

DOC 346.38(5) (5) Door and lock inspections. Staff shall conduct and document monthly inspections of all doors and locks within and to the secure perimeter of the facility to determine if they are in good working order.

DOC 346.38(6) (6) Facility repair. Any damage to the facility that compromises safety or security shall promptly and securely be repaired.

DOC 346.38 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.39 DOC 346.39 Observation of youth.

DOC 346.39(1) (1) The facility shall have a system for providing wellness checks of youth. All youth shall be personally observed by facility security staff at staggered intervals not to exceed any of the following:

DOC 346.39(1)(a) (a) Thirty minutes for youth in the general population.

DOC 346.39(1)(b) (b) Fifteen minutes for any of the following:

DOC 346.39(1)(b)1. 1. Youth on a suicide or self-harm watch.

DOC 346.39(1)(b)2. 2. Youth in administrative confinement.

DOC 346.39(1)(b)3. 3. Youth in a receiving room or holding room.

DOC 346.39(1)(b)4. 4. Youth voluntarily requests.

DOC 346.39(1)(b)5. 5. Youth in room restriction.

DOC 346.39(1)(c) (c) Staff shall provide continuous personal observation when a youth is mechanically restrained for non-routine purposes.

DOC 346.39(2) (2) Each wellness check shall be documented.

DOC 346.39(3) (3) A video monitoring system may be used to supplement but not replace personal observations.

DOC 346.39(4) (4) The facility shall conduct and document formal physical counts of youth at least 3 times per day, with a minimum of one count per shift.

DOC 346.39(5) (5) The facility shall ensure there is no physical or visual contact between youth and adult inmates.

DOC 346.39 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.40 DOC 346.40 Administrative confinement.

DOC 346.40(1) (1) Administrative confinement may only be used for the following reasons:

DOC 346.40(1)(a) (a) A youth poses a serious risk of imminent physical harm to themselves, another person, or property.

DOC 346.40(1)(b) (b) A youth threatens the security and order of the facility.

DOC 346.40(1)(c) (c) A youth inhibits a pending disciplinary investigation.

DOC 346.40(2) (2) The facility shall designate on-site supervisory staff who may initiate and remove youth from administrative confinement.

DOC 346.40(3) (3) A youth’s progress in administrative confinement shall be reviewed by a supervisor or designee at least once a shift. Each review shall be documented.

DOC 346.40(4) (4) If the supervisor or designee determines the youth no longer poses a risk under sub. (1), the youth must be immediately returned to the general population.

DOC 346.40(5) (5) The facility shall notify the following individuals of an administrative confinement placement as soon as practicable:

DOC 346.40(5)(a) (a) Superintendent or supervisory designee.

DOC 346.40(5)(b) (b) A qualified mental health professional.

DOC 346.40(5)(c) (c) A qualified health care professional.

DOC 346.40(5)(d) (d) Affected facility staff.

DOC 346.40(5)(e) (e) The youth’s parent or guardian.

DOC 346.40(5)(f) (f) The county or tribe of placement.

DOC 346.40(6) (6) The facility shall document all actions and decisions regarding youth in administrative confinement including:

DOC 346.40(6)(a) (a) Date, time, and name of supervisor making placement.

DOC 346.40(6)(b) (b) Reason placement is initiated.

DOC 346.40(6)(c) (c) Date, time, names of individuals notified, and method of notification to the individuals in sub. (5).

DOC 346.40(6)(d) (d) Date, time, and name of supervisor or supervisory designee removing placement.

DOC 346.40(7) (7) At least quarterly, the facility shall review the use of administrative confinement. The review shall be documented and include:

DOC 346.40(7)(a) (a) Identification of any patterns indicated by similarities in the time of day, day of the week, duration of use, individuals involved, or other factors associated with the use of administrative confinement.

DOC 346.40(7)(b) (b) Actions needed to correct identified deficiencies in the facility’s implementation of administrative confinement.

DOC 346.40(7)(c) (c) A review of available options to minimize the use of room confinement.

DOC 346.40 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.41 DOC 346.41 Use of force.

DOC 346.41(1) (1) General provisions.

DOC 346.41(1)(a) (a) Force may be used as a last resort and in accordance with appropriate statutory authority.

DOC 346.41(1)(b) (b) Staff may only use the amount of force reasonably necessary to achieve the objective for which force is used.

DOC 346.41(1)(c) (c) Staff shall only use force by employing the least restrictive appropriate means and only for the amount of time necessary to bring the situation under control.

DOC 346.41(1)(d) (d) Using force for punishment, discipline, retaliation, or as a substitute for treatment is prohibited.

DOC 346.41(2) (2) Incident reporting.

DOC 346.41(2)(a) (a) Any staff member who uses force or witnesses a use of force shall submit a written report describing the incident to their supervisor for review. The report shall include all known relevant facts and be submitted by the end of the shift.

DOC 346.41(2)(b) (b) A supervisor shall document the review of all use of force incidents.