Chapter DOC 373

DOC 373.59 DOC 373.59 Poor self-maintenance.

DOC 373.59(1) (1) A youth may not fail to follow facility standards or directives regarding personal cleanliness or grooming when the youth has been informed by staff that he or she does not meet the standards or directives.

DOC 373.59(2) (2) A youth may not fail to shower at least every 7 days or more frequently if required by the facility.

DOC 373.59(3) (3) A youth performing a work assignment may be required to maintain suitably cut hair or to wear protective headgear or a net.

DOC 373.59 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (2) Register June 2025 No. 834, eff. 7-1-25.

subch. IX of ch. DOC 373 Subchapter IX — Miscellaneous Conduct Rules

DOC 373.60 DOC 373.60 Violation of clothing policy. Each facility shall post specific policies and procedures describing the clothing to be issued to youths, how clothing shall be worn, and when it shall be worn. A youth may not violate the facility policies and procedures regarding clothing.

DOC 373.60 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 373.61 DOC 373.61 Gambling. A youth may not wager money, services or anything else of value on the outcome of all or any part of a game of skill or chance, an athletic contest, the outcome of any event, or anything else.

DOC 373.61 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.64 DOC 373.64 Failure to cooperate with program. In this section, “fail to cooperate” includes, but is not limited to, failure of a youth to work appropriately toward completion of case plan objectives or program goals or to respond appropriately to any discipline imposed. A youth may not intentionally fail to cooperate with an assigned program.

DOC 373.64 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.65 DOC 373.65 Facility policies and procedures.

DOC 373.65(1) (1) Each facility shall make specific policies and procedures relating to talking, clothing, movement within the facility, conditions of leave from the facility, personal property, personal hygiene and conditions of living quarters. These policies and procedures shall be consistent with the purposes stated in s. 938.01, Stats., and the goals of youth corrections in s. DOC 371.01 (2). No facility policy or procedure may conflict with any provision of this chapter or be stricter than any provision of this chapter.

DOC 373.65(2) (2) The facility may solicit the views of youth prior to the adoption of a facility policy or procedure.

DOC 373.65(3) (3) Discipline may be imposed for violation of a facility policy or procedure only if at least one of the following apply:

DOC 373.65(3)(a) (a) The policy or procedure was posted on a facility bulletin board or in a facility handbook and a youth had actual knowledge of the facility policy or procedure at the time of the violation.

DOC 373.65(3)(b) (b) There is a violation of a facility policy or procedure in a facility handbook or other document that was received by a youth, in which case the youth is presumed to have knowledge of the policy or procedure in the absence of a preponderance of evidence to the contrary.

DOC 373.65(4) (4) Each facility shall maintain at least one bulletin board for bulletins of general applicability. Bulletin boards shall be located so that every youth has an opportunity to read all bulletins that apply to youth. Bulletins that are no longer in effect shall be removed from the bulletin board.

DOC 373.65(5) (5) A handbook of all current policy and procedure bulletins under sub. (1) shall be maintained at the facility and be readily accessible to youth.

DOC 373.65 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.

subch. X of ch. DOC 373 Subchapter X — Disposition of Conduct Rule Violations

DOC 373.66 DOC 373.66 Conduct rule violations: possible dispositions. The conduct rule violations described in ss. DOC 373.14 to 373.65 may be dealt with by staff only in the following ways:

DOC 373.66(1) (1) A youth may be counseled and warned, consistent with s. DOC 373.67 or disciplined summarily, consistent with s. DOC 373.68.

DOC 373.66(2) (2) In lieu of or in addition to a warning or summary disposition, facility staff may issue a treatment-based response to address any conduct rule violation.

DOC 373.66(3) (3) Violations of the criminal law may be referred under s. DOC 373.83 to law enforcement authorities for prosecution.

DOC 373.66 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. and recr. (2) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.67 DOC 373.67 Conditions under which youth who violate conduct rules are not disciplined.

DOC 373.67(1) (1) Under any of the following conditions, staff may inform a youth about conduct that violates a conduct rule, discuss that conduct and give a warning:

DOC 373.67(1)(a) (a) The youth is unfamiliar with the conduct rule.

DOC 373.67(1)(b) (b) The youth has not violated the same or a closely related rule recently, whether or not discipline was imposed.

DOC 373.67(1)(c) (c) The youth is unlikely to repeat the conduct rule violation if warned and counseled.

DOC 373.67(1)(d) (d) Although the youth technically violated a conduct rule, the purpose of this chapter would not be served by disciplining a youth in the particular situation.

DOC 373.67(2) (2) No record or official report of a disposition under sub. (1) is required.

DOC 373.67(3) (3) The superintendent may overrule a determination that a violation has occurred. [The decision by the superintendent to overrule or not overrule is not reviewable by a hearing officer.]

DOC 373.67 Note Note: The bracketed material was inadvertently left in by rule CR 24-040 and will be removed in future rulemaking.

DOC 373.67 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) (intro.), r. (4) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.68 DOC 373.68 Summary disciplinary dispositions.

DOC 373.68(1) (1) A youth may be disciplined summarily for a conduct rule violation in accordance with this chapter. When a youth is disciplined summarily under this section, staff shall make an appropriate record.

DOC 373.68(2) (2) When staff who have the responsibility for supervising a youth believe that a penalty listed in sub. (3) is appropriate, staff shall do all of the following:

DOC 373.68(2)(a) (a) Inform the youth of the nature of the alleged infraction and the potential disposition.

DOC 373.68(2)(b) (b) Obtain the youth’s version of the underlying facts.

DOC 373.68(2)(c) (c) Make a finding as to whether the youth violated a conduct rule, communicate this finding to the youth and impose discipline consisting of one or more of the disciplinary actions under sub. (3).

DOC 373.68(3) (3) Discipline imposed by staff under this section shall be limited to one or more of the following disciplinary actions:

DOC 373.68(3)(a) (a) An oral or written reprimand.

DOC 373.68(3)(c) (c) Exclusion from the youth’s room for a maximum of 5 hours.

DOC 373.68(3)(d) (d) Loss of a specific privilege for up to one week or loss of participation in a special event.

DOC 373.68(3)(e) (e) A disposition, which may include:

DOC 373.68(3)(e)1. 1. Counseling and a warning.

DOC 373.68(3)(e)2. 2. Extra duty related to the misconduct.

DOC 373.68(3)(e)3. 3. Apology for the misconduct.

DOC 373.68(3)(e)4. 4. Monetary restitution.

DOC 373.68(3)(e)5. 5. A period of positive behavior.

DOC 373.68(4) (4) A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff or reduce the discipline. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.

DOC 373.68(5) (5) A youth has no right to be present at the supervisor’s review.

DOC 373.68(6) (6) Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.

DOC 373.68(7) (7) A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81.

DOC 373.68(8) (8) The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth’s official records.

DOC 373.68(9) (9) Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.

DOC 373.68(10) (10) More restrictive forms of discipline than those authorized in sub. (3), for a conduct rule violation may be imposed by a supervisor under this subsection as follows:

DOC 373.68(10)(a) (a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3), modified as follows:

DOC 373.68(10)(a)2. 2. Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.

DOC 373.68(10)(a)3. 3. Loss of an off grounds activity for no longer than 30 days.

DOC 373.68(10)(b) (b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:

DOC 373.68(10)(b)1. 1. Obtain a statement of facts with a recommendation from staff.

DOC 373.68(10)(b)2. 2. Inform the youth of the nature of the alleged infraction and the range of discipline.

DOC 373.68(10)(b)3. 3. Request that the youth relate the facts concerning the matter at issue.

DOC 373.68(10)(c) (c) A disposition under this section shall be imposed consecutive to other dispositions under this section.

DOC 373.68(10)(e) (e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.

DOC 373.68(10)(f) (f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.

DOC 373.68(11) (11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

DOC 373.68(12) (12) If a youth commits a conduct rule violation during the course of a visit, the visiting privileges may be suspended as a disposition, under s. DOC 379.07 (9) (b).

DOC 373.68(13) (13) If a conduct rule violation occurred as a result of misuse of the mail, the mail privileges may be suspended as a disposition, under s. DOC 379.04 (6).

DOC 373.68(14) (14) If a conduct rule violation occurred as a result of misuse of federal or state property, the federal or state property privileges may be suspended as a disposition under ch. DOC 379.

DOC 373.68 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. (3) (b), am. (4), (10) (intro.), r. (10) (a) 1., am. (10) (c), r. (10) (d), renum. (12), (13) from DOC 373.11 (7), (8) and am., cr. (14) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.79 DOC 373.79 Recordkeeping.

DOC 373.79(1) (1) A record of a conduct rule violation may be included in a youth’s permanent record only if the youth was found guilty by summary disciplinary procedure, as provided in s. DOC 373.68.

DOC 373.79(2) (2) Following an appeal in which the finding of guilty is reversed, all records of the conduct rule violation shall be removed from the youth’s records.

DOC 373.79(3) (3) No record of an alleged violation of the conduct rules which has been dismissed may be maintained in any official record or considered in making program or release decisions. Information concerning the alleged violation may be retained for statistical or administrative purposes only, but without personal identifiers.

DOC 373.79 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (3) Register June 2025 No. 834, eff. 7-1-25.

DOC 373.81 DOC 373.81 Discipline: review by superintendent.

DOC 373.81(1) (1) A youth who has received summary discipline may appeal the decision to the superintendent within 7 days of the day the youth was notified of the decision. A youth who has difficulty preparing a written appeal shall be assisted by staff when requested to do so by the youth.

DOC 373.81(2) (2) The superintendent shall issue a final decision on the appeal within 7 days of receipt of the appeal. Failure to issue a final decision upholds the decision to discipline.

DOC 373.81(3) (3) The superintendent may do any of the following:

DOC 373.81(3)(a) (a) Affirm both the finding of guilt and the discipline imposed.

DOC 373.81(3)(b) (b) Affirm the finding of guilt, but reduce the discipline.

DOC 373.81(3)(c) (c) Reverse the finding of guilt.

DOC 373.81(4) (4) Whether or not there is an appeal, the superintendent shall review all findings of guilt and the discipline imposed within 2 days, excluding weekends and holidays, of the time that the decision is imposed and may review the findings and discipline at any time thereafter. In either case, the superintendent may reverse the finding of guilt or reduce the discipline.

DOC 373.81 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. (3) (d), am. (4), r. (5) Register June 2025 No. 834, eff. 7-1-25.