Chapter DOC 346

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.

DOC 346.41(2)(c) (c) The facility shall conduct and document a multi-disciplinary operational review following a use of force.

DOC 346.41(2)(d) (d) Facility procedures shall address the role, notification, and follow-up of qualified health care and mental health professionals following use of force incidents.

DOC 346.41 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.42 DOC 346.42 Use of mechanical restraints.

DOC 346.42(1) (1) Mechanical restraints may only be applied to youth if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to themselves or others, or damage to property.

DOC 346.42(2) (2) Mechanical restraints must be removed immediately upon the youth regaining composure and when the threat of harm or the safety concern has abated.

DOC 346.42(3) (3) Mechanical restraints may never be used as punishment.

DOC 346.42(4) (4) When a youth is mechanically restrained for non-routine purposes, the incident reporting procedure outlined in s. DOC 346.41 (2) shall apply. Documentation shall include the reason for use, duration of use, corresponding continuous personal observation and wellness checks required under s. DOC 346.39 (1) (c) and (2).

DOC 346.42(5) (5) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth.

DOC 346.42(6) (6) Observations of the youth’s behavior and any staff interventions shall be documented at least once every 15 minutes, with the actual time of the observation or intervention recorded.

DOC 346.42 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) made under s. 35.17, Stats., Register July 2025 No. 835.

DOC 346.43 DOC 346.43 Fire safety and emergency preparedness.

DOC 346.43(1) (1) The facility shall comply with applicable federal, state, and local fire safety codes.

DOC 346.43(2) (2) The facility shall have and shall properly maintain self-contained breathing apparatuses and fire extinguishers sufficient to support the need of the facility as determined by the local fire department. The facility shall place the equipment in accordance with the advice of the local fire department.

DOC 346.43(3) (3) The facility shall maintain a record of all fire inspections conducted as required under sub. (1).

DOC 346.43(4) (4) Staff shall conduct and document monthly fire inspections of the facility.

DOC 346.43(5) (5) A written fire evacuation plan shall be developed and maintained in accordance with recommendations from the local fire department. The evacuation routes developed as a part of the evacuation plan shall be posted in a conspicuous place for staff.

DOC 346.43(6) (6) Fire drills shall be conducted at least quarterly on each shift and documented.

DOC 346.43(7) (7) The facility shall develop and maintain an emergency operations procedure. The procedure shall be readily accessible for staff to reference and shall include instructions for all of the following:

DOC 346.43(7)(a) (a) Major disturbances.

DOC 346.43(7)(b) (b) Natural disasters.

DOC 346.43(7)(c) (c) Physical plant disruptions.

DOC 346.43(8) (8) First aid kits and other emergency response equipment shall be available in designated areas of the facility. Inventories shall be conducted and documented monthly.

DOC 346.43(9) (9) The facility shall have access to an alternate power source to maintain essential services in an emergency. Quarterly tests of the alternate power source shall be conducted and documented.

DOC 346.43 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

subch. X of ch. DOC 346 Subchapter X — Behavior Management

DOC 346.44 DOC 346.44 Discipline.

DOC 346.44(1) (1) At the time of admission, each youth shall be notified of and provided access to the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Documentation of the youth’s receipt of the facility rules shall be maintained.

DOC 346.44(2) (2) The facility shall have a graduated array of dispositions to address youth rule violations.

DOC 346.44(3) (3) Disciplinary action shall be determined on an individual basis. Staff shall not use group punishment as a sanction for the negative behavior of an individual youth.

DOC 346.44(4) (4) Youth may not administer rule violation dispositions.

DOC 346.44(5) (5) Staff may consider whether a youth’s disability, mental illness, special education status, or limited-English proficiency status contributed to the behavior when assigned consequences for violations of the facility’s rules.

DOC 346.44(6) (6) Staff may restrict a youth’s privileges for a rule violation if all of the following occur:

DOC 346.44(6)(a) (a) The youth is given the opportunity to explain the circumstances of the alleged violation. The youth’s statement or refusal shall be documented.

DOC 346.44(6)(b) (b) The supervisor or their designee documents their review of the rule, the violation, the youth’s statement and the restriction within 24 hours of the rule violation.

DOC 346.44(7) (7) Dispositions may not include any of the following:

DOC 346.44(7)(a) (a) Withholding of basic necessities such as food, water, toilet, clothing, sleep, or the use of materials necessary to maintain a basic level of personal hygiene.

DOC 346.44(7)(b) (b) Denial of access to religious worship, attorneys, privileged mail, courts, legislators, and medical and mental health services.

DOC 346.44(7)(c) (c) Denial of exercise.

DOC 346.44(7)(d) (d) Corporal punishment.

DOC 346.44 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (6) (b) made under s. 35.17, Stats., Register July 2025 No. 835.

DOC 346.45 DOC 346.45 Disciplinary procedures.

DOC 346.45(1) (1) A staff member who observes a youth committing a rule violation shall inform the youth of the rule that was violated and the disciplinary procedure.

DOC 346.45(2) (2) A staff member shall offer the youth the opportunity to provide a statement. Staff shall document the youth’s statement or their refusal to provide a statement.

DOC 346.45(3) (3) Staff shall inform the youth that the disciplinary report and statement will be forwarded to the supervisor or designee within 24 hours of the rule violation.

DOC 346.45(4) (4) An impartial supervisor, who has not personally observed, been a part of, or investigated the incident, shall do the following:

DOC 346.45(4)(a) (a) Review the disciplinary report and the youth’s statement, render a decision, and notify the youth within 24 hours of receipt of the report.

DOC 346.45(4)(b) (b) Document their review.

DOC 346.45(5) (5) The youth shall be notified of their right to appeal the supervisor’s decision and the facility’s procedure for making an appeal.

DOC 346.45(6) (6) The youth may appeal the decision within 24 hours of receipt of the decision.

DOC 346.45(7) (7) The youth shall receive a written decision no later than 24 hours after receipt of an appeal.

DOC 346.45(8) (8) The facility shall document information on each rule violation by a youth, each disciplinary action taken by the facility, and each appeal. The documentation shall be maintained in the youth’s record.

DOC 346.45 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.46 DOC 346.46 Review of behavior management. At least quarterly, the facility shall review the use of behavior management and document this review. The review shall include:

DOC 346.46(1) (1) Identification of any patterns indicated by similarities in the time of day, day of the week, duration of the use of procedure, individuals involved, or other factors associated with the use of discipline.

DOC 346.46(2) (2) Actions needed to correct identified deficiencies in the facility’s implementation of youth discipline.

DOC 346.46(3) (3) A review of current options available for addressing and supporting behavior management.

DOC 346.46(4) (4) An assessment of opportunities missed to avoid the use of room confinement and proposed actions to be taken to minimize the use of room confinement.

DOC 346.46 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

subch. XI of ch. DOC 346 Subchapter XI — Hygiene and Sanitation

DOC 346.47 DOC 346.47 Hygiene. The facility shall do all of the following:

DOC 346.47(1) (1) Permit youth to shower at least once per day.

DOC 346.47(2) (2) Provide hygiene and toiletry supplies sufficient for maintenance of cleanliness of the youth including toothpaste, toothbrush, soap and shampoo, shaving materials, comb or hair brush, and feminine hygiene materials.

DOC 346.47 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.48 DOC 346.48 Sanitation.

DOC 346.48(1) (1) Vermin and pests shall be controlled with a documented program. Containers of poisonous compounds used for exterminating rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware in a locked area not accessible to youth.

DOC 346.48(2) (2) The facility shall provide youth access to cleaning materials daily.

DOC 346.48(3) (3) Tables used for common use and meals shall be kept sanitized.

DOC 346.48(4) (4) Staff shall conduct and document monthly safety and sanitation inspections of the facility.

DOC 346.48(5) (5) Common use grooming tools shall be disinfected and cleaned before reissue and are stored in a secure area.

DOC 346.48(6) (6) Property storage containers shall be sanitized before reuse.

DOC 346.48(7) (7) Trash shall be removed daily.

DOC 346.48 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

subch. XII of ch. DOC 346 Subchapter XII — Youth Portion of a County Jail

DOC 346.49 DOC 346.49 Admission criteria. Youth may be admitted to a youth portion of a county jail under s. 48.209 or 938.209, Stats., only subject to the following: