Chapter DOC 373

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.

DOC 373.83 DOC 373.83 Referral for prosecution.

DOC 373.83(1) (1) The superintendent of each facility shall develop, in conjunction with local law enforcement authorities, a policy regarding conduct rule violations to be considered for referral for prosecution.

DOC 373.83(2) (2) When a conduct rule violation which is also a crime is alleged, the superintendent shall review the incident in light of the policy to determine if the case should be referred for prosecution and if necessary, shall order an investigation to determine if sufficient evidence exists for referral.

DOC 373.83(3) (3) Whether or not the review described in sub. (2) results in prosecution, the incident may be handled as a conduct rule violation.

DOC 373.83 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 373.84 DOC 373.84 Harmless error. If a procedural requirement under this chapter is not adhered to by staff, the error may be deemed harmless and disregarded if it does not prejudice a fair proceeding involving a youth.

DOC 373.84 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.