Chapter DOC 373

DOC 373.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.

DOC 373.06 DOC 373.06 Conduct rule violations.

DOC 373.06(1) (1) A youth may not violate conduct rules.

DOC 373.06(2) (2) Violations of the conduct rules shall be resolved in accordance with this chapter.

DOC 373.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.07 DOC 373.07 Attempted violation of conduct rules.

DOC 373.07(1) (1) A youth is guilty of an attempt to violate a conduct rule if all of the following are true:

DOC 373.07(1)(a) (a) The youth intended to do something that would have been a conduct rule violation.

DOC 373.07(1)(b) (b) The youth committed an act that demonstrated intent to violate a conduct rule.

DOC 373.07(2) (2) The penalty for an attempt to violate a conduct rule is the same as the penalty for violating that conduct rule.

DOC 373.07(3) (3) A youth may be charged with both a substantive conduct rule violation and with an attempt to commit that conduct rule violation, based on the same incident, but may be found guilty of only one.

DOC 373.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.08 DOC 373.08 Aiding, abetting or knowing of conduct rule violations.

DOC 373.08(1) (1) A youth is guilty of aiding and abetting a conduct rule violation if the youth intentionally does any of the following:

DOC 373.08(1)(a) (a) Encourages, directs, commands, hires, coerces, requests or signals another youth to commit a conduct rule violation.

DOC 373.08(1)(b) (b) Assists another person, prior to a conduct rule violation, in planning or preparing for committing a conduct rule violation, with intent that the conduct rule violation be committed.

DOC 373.08(1)(c) (c) Assists another person during commission of a conduct rule violation, whether or not this assistance was planned in advance.

DOC 373.08(1)(d) (d) Destroys evidence of a conduct rule violation committed by another person or otherwise helps to prevent discovery of a conduct rule violation or of the person who committed the violation.

DOC 373.08(2) (2) If a youth knows of a plan to commit a conduct rule violation or knows of the commission of a conduct rule violation, failure of the youth to report the plan or commission is a conduct rule violation.

DOC 373.08(3) (3) A youth may be charged with both a substantive conduct rule violation and aiding and abetting or knowing of that conduct rule violation, based on the same incident, but may be found guilty of only one.

DOC 373.08(4) (4) A youth may be charged and found guilty of aiding and abetting or knowing of a conduct rule violation even if no one is charged or found guilty of committing the conduct rule violation.

DOC 373.08(5) (5) The penalty for aiding and abetting or knowing of a conduct rule violation shall normally be the same as for the substantive conduct rule violation.

DOC 373.08(6) (6) The penalty for a youth who aids and abets or knows of a conduct rule violation need not be based in any way on the penalty, if any, for the youth who actually committed the conduct rule violation.

DOC 373.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.09 DOC 373.09 Defenses. The following, if established by a youth by a preponderance of the evidence are complete defenses to alleged violations of the conduct rules under this chapter:

DOC 373.09(1) (1) Mental incapacity. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.

DOC 373.09(2) (2) Involuntary intoxication. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.

DOC 373.09(3) (3) Mistake. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.

DOC 373.09(4) (4) Self-Defense. A youth may use the minimum amount of force necessary to prevent death or bodily injury to self or in defending a third person. A youth may not continue to exercise self-defense after an order by staff to stop. In determining whether the minimum force was used in exercising self-defense, staff shall consider:

DOC 373.09(4)(a) (a) Whether the aggressor used a weapon.

DOC 373.09(4)(b) (b) The size of the youth invoking a self-defense claim in relation to the size of the aggressor.

DOC 373.09(4)(c) (c) The opportunity of the youth who claims self-defense to flee or to obtain assistance from staff.

DOC 373.09(4)(d) (d) Whether staff were nearby.

DOC 373.09(5) (5) Orders. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.

DOC 373.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.10 DOC 373.10 Youth access to conduct rules.

DOC 373.10(1) (1) The superintendent shall provide youth with an orientation to department conduct rules as part of the assessment and evaluation of youth under s. DOC 371.05 (1) (d).

DOC 373.10(2) (2) The superintendent shall provide a youth with a written copy of the conduct rules.

DOC 373.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 373.12 DOC 373.12 Lesser-included conduct rule violations. Certain prohibited acts have lesser-included acts associated with them. A youth alleged to have violated a conduct rule is also considered to have allegedly violated a lesser-included conduct rule. No youth may be found to have committed both an act and its lesser-included act based upon the same incident. Table 373-A lists the lesser-included conduct rule violations of each conduct rule violation.

- See PDF for table

DOC 373.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. II of ch. DOC 373 Subchapter II — Conduct Rules Relating to Bodily Security

DOC 373.14 DOC 373.14 Causing the death of another. A youth may not intentionally, negligently or recklessly cause the death of another person.

DOC 373.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.15 DOC 373.15 Sexual intercourse.

DOC 373.15(1) (1) In this section, “sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration, however slight, by any part of the body or an object into the anus or vagina of another person.

DOC 373.15(2) (2) A youth may not engage in sexual intercourse.

DOC 373.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.16 DOC 373.16 Sexual contact. A youth may not intentionally touch with a body part or an object any intimate part of another person, either directly or through clothing, or cause it to be touched by another with or without the consent of that person.

DOC 373.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.17 DOC 373.17 Restraint of another. Unless authorized, a youth may not seize, restrain or confine another person.

DOC 373.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.18 DOC 373.18 Fighting.

DOC 373.18(1) (1) In this section, “fight” means any situation where 2 or more persons are trying to injure each other by any physical means including, but not limited to, hitting, biting, kicking, scratching, throwing or swinging objects or using weapons.

DOC 373.18(2) (2) A youth may not participate in a fight.

DOC 373.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.19 DOC 373.19 Battery. A youth may not intentionally cause injury, physical pain, illness or any impairment of physical condition to another person.

DOC 373.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.20 DOC 373.20 Threats. A youth may not communicate to another person verbally, in writing or by gesture, symbol or action to do any of the following:

DOC 373.20(1) (1) Harm or harass that person or someone else.

DOC 373.20(2) (2) Cause damage to or loss of that person’s or another person’s property.

DOC 373.20 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.205 DOC 373.205 Bullying. A youth may not participate in unwanted aggressive behavior that involves a real or perceived power imbalance through verbal behavior, physical behavior, or social behavior, or a combination, that intends to cause physical or psychological harm or both.

DOC 373.205 History History: CR 24-040: cr. Register June 2025 No. 834, eff. 7-1-25; correction made under s. 35.17, Stats., Register June 2025 No. 834.

subch. III of ch. DOC 373 Subchapter III — Conduct Rules Relating to Facility Security

DOC 373.21 DOC 373.21 Inciting a disturbance. A youth may not encourage, direct, command, hire, coerce, request or signal one or more persons to participate in a disturbance.

DOC 373.21 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.22 DOC 373.22 Participating in a disturbance. A youth may not do any of the following:

DOC 373.22(1) (1) Intentionally or recklessly participate in a disturbance, as defined in s. DOC 373.03(9).

DOC 373.22(2) (2) Remain in a group that has been ordered to disperse if some members of the group are participating in a disturbance.

DOC 373.22 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.23 DOC 373.23 Unauthorized group activity.

DOC 373.23(1) (1) In this section, “group” means a gang, cult or faction or other formal or informal association of youth.

DOC 373.23(2) (2) A youth may not do any of the following:

DOC 373.23(2)(a) (a) Encourage, direct, command, hire, coerce, recruit or signal another person to participate in a group not authorized by the superintendent.

DOC 373.23(2)(b) (b) Communicate verbally, in writing or by gesture, symbol or action about an unauthorized group matter or to demonstrate affiliation with an unauthorized group.

DOC 373.23(2)(c) (c) Wear, display or have in the youth’s possession the clothing, jewelry, colors or other symbols of an unauthorized group to demonstrate affiliation with the group. This includes the cutting, styling or wearing of the youth’s hair or the wearing of clothes in a manner which demonstrates affiliation with an unauthorized group, or the depiction of the symbols of the group affiliation on a person’s body or on things including arts and crafts projects.

DOC 373.23 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.24 DOC 373.24 Group resistance. A youth may not do any of the following:

DOC 373.24(1) (1) Participate in any group action with other youth, contrary to this chapter, facility policies and procedures or a verbal directive from staff, whether or not the group action creates a serious danger of harm to persons or property.

DOC 373.24(2) (2) Join in or solicit another to join in any group petition, gathering, or statement, except that the following actions are not prohibited:

DOC 373.24(2)(a) (a) Group complaints authorized by s. DOC 380.04 (5).

DOC 373.24(2)(b) (b) Group petitions to courts.

DOC 373.24(2)(c) (c) Authorized actions by authorized groups.

DOC 373.24(3) (3) Participate in any activity associated with any security threat group or possess any written materials, symbols, or symbolism related to a security threat group.

DOC 373.24 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), cr. (3) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.25 DOC 373.25 Disguising identity. A youth may not do any of the following:

DOC 373.25(1) (1) Conceal, alter or disguise personal appearance in an attempt to prevent identification.