Wisconsin Legislature: DOC 376.03(4m)

Ch. DOC 376 NoteNote: Chapter HSS 336 as it existed on June 30, 2000 was repealed and a new Chapter DOC 376 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 376.01DOC 376.01 Authority and objectives. This chapter is promulgated under the authority of ss. 227.11 (2) (a), 301.025 and 938.48 (16), Stats. The department’s primary security objectives are to protect the public, staff and youth and to afford youth a safe setting to participate in activities that prepare them to be successfully reintegrated into the community.

DOC 376.01 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.02DOC 376.02 Applicability. This chapter applies to the department and all youth under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

DOC 376.02 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.03DOC 376.03 Definitions. In this chapter:

DOC 376.03(1)(1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 376.03(4)(4) “Body contents search” means a search in which a youth is required to provide a biological sample, including deoxyribonucleic acid (DNA), urine, breath, or blood for analysis. Body contents searches do not include examinations and tests requested by medical staff for medical reasons.

DOC 376.03(4m)(4m) “Body scan search” means a search using body scan technology to produce an image capable of revealing the presence of drugs, weapons, or other harmful materials concealed on or inside the body.

DOC 376.03(5)(5) “Chemical agent” means chloroacetophenone or “CN”, o-chlorobenzyl malononitrile or “CS”, oleoresin of capsicum or “OC” or other commercially manufactured chemical agents approved by the department.

DOC 376.03(7)(7) “Contraband” means any item or items introduced or found in the facility whether illegal or legal that are expressly prohibited by the department or facility policy.

DOC 376.03(8)(8) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

DOC 376.03(8m)(8m) “De-escalation” means assisting a youth to regain behavioral control and to avoid physical intervention to defuse a volatile situation.

DOC 376.03(9)(9) “Department” means the department of corrections.

DOC 376.03(10)(10) “Facility” means a type 1 juvenile correctional facility, as defined in s. 938.02 (19), Stats.

DOC 376.03(11)(11) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of physical force and mechanical restraints.

DOC 376.03(12)(12) “Full body restraint” means a mechanical restraint used to simultaneously immobilize legs, arms and torso.

DOC 376.03(13)(13) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

DOC 376.03(13m)(13m) “Group disturbance” means the disruption or interference of normal facility operations resulting from 3 or more youth participating in actions, threats, demands, or suggestions to advocate disruption or disturbance almost akin to a riot.

DOC 376.03(14)(14) “Health services professional” means a nurse, an advanced practice nurse prescriber, a physician’s assistant or a physician who are licensed or certified to practice in Wisconsin.

DOC 376.03(17)(17) “Lockdown” means restriction of movement and programs throughout an entire facility to control a situation regarding safety or security of a facility.

DOC 376.03(18)(18) “Medical staff” means physician, physician’s assistant or nurse practitioner.

DOC 376.03(19)(19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to impede the free movement of a youth.

DOC 376.03(21)(21) “Personal search” means a search of a youth’s person including the clothing, a pat-down of the body, an examination of shoes, coat and hat and an inspection of the mouth.

DOC 376.03(21m)(21m) “Psychology staff” means individuals licensed to provide behavioral health services in accordance with state law and who meet education, training, and experience to perform the duties required in accordance with professional standards and licensing.

DOC 376.03(22)(22) “Reasonable belief” means an actor’s belief that certain facts exist and the belief, under the circumstances, is reasonable even though the belief may be erroneous.

DOC 376.03(22m)(22m) “Room confinement” means the involuntary restriction of a youth in a room, or other area, excluding the confinement of a youth to such an area during normal sleeping hours or on observation status as defined in ch. DOC 375.

DOC 376.03(23)(23) “Secretary” means the secretary of the department of corrections or that person’s designee.

DOC 376.03(24)(24) “Staff” means a state employee or a person under contract with the department or the facility where a youth is housed.

DOC 376.03(25)(25) “Strip search” means a search in which a youth is required to remove or rearrange clothes. Permissible inspection includes examination of the youth’s body and clothing and visual inspection of the mouth, breast, buttocks, or genitalia.

DOC 376.03(26)(26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 376.03(27)(27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

DOC 376.03(28)(28) “Trauma-informed care” means staff providing care to youth by understanding how traumatic events may impact a person to better support and assist them.

DOC 376.03(28m)(28m) “Visual monitoring” means staff directly observing youth at staggered intervals not to exceed 30 minutes, in order to prevent the possibility of harm emanating from a variety of sources.

DOC 376.03(29)(29) “Youth” means a person or persons supervised by the department in a facility consistent with the requirements of law and regardless of age.

DOC 376.03 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. (2), (3), am. (4), cr. (4m), am. (5), r. (6), am. (7), cr. (8m), r. and recr. (10), am. (13), cr. (13m), r. (15), (16), am .(17), (19), r. (20), am. (21), cr. (21m), am. (22), cr. (22m), am. (24), (25), r. and recr. (28), cr. (28m), am. (29) Register February 2025 No. 830, eff. 3-1-25.

DOC 376.04DOC 376.04 Administrative confinement.

DOC 376.04(1)(1) In this section, “administrative confinement” means a form of room confinement, which includes the involuntary nonpunitive restriction of a youth locked alone in a room or other area because the youth poses a serious risk of imminent physical harm to others.

DOC 376.04(2)(2) The facility shall designate on-site supervisory staff who may initiate administrative confinement and remove youth from administrative confinement.

DOC 376.04(3)(3) Psychology staff shall be notified as soon as possible, and no later than 2 hours after a youth’s placement in administrative confinement.

DOC 376.04(4)(4) Any youth placed in administrative confinement for whom there is not already a mental health evaluation must have such an evaluation as soon as possible within 24 hours.

DOC 376.04(5)(5) Placements in administrative confinement will be reviewed by a psychology staff member as soon as possible within the initial 4-hour placement to determine whether that placement is a contraindication to the youth’s mental health or if other options will adequately protect the youth or staff.

DOC 376.04(6)(6) Staff shall engage in crisis intervention techniques designed to return the youth to the general population as soon as possible.

DOC 376.04(7)(7) If at any point a youth no longer poses a risk of imminent physical harm, the youth must be immediately removed from administrative confinement.

DOC 376.04(8)(8) Time in an administrative confinement placement may not exceed 4 hours except under the conditions of sub. (9).

DOC 376.04(9)(9) One 4-hour extension to an administrative confinement placement, and one additional 4-hour extension thereafter, for a total of up to 12 hours, may occur under all of the following conditions:

DOC 376.04(9)(a)(a) The superintendent determines, following review of the psychology staff’s recommendation, that continued confinement is necessary due to the youth continuing to pose a risk of imminent physical harm to others.

DOC 376.04(9)(b)(b) A plan is commenced to either promptly return the youth to the general population or transfer the youth to another facility.

DOC 376.04(10)(10) Administrative confinement time limits may be tolled from 8 p.m. to 8 a.m.

DOC 376.04(11)(11) Administrative confinement may only be extended beyond 24 hours, including tolled time, to effectuate transfer of a youth to another facility under a commenced plan.

DOC 376.04(12)(12) Any youth placed in administrative confinement for any period in excess of 24 hours, including tolled time, shall receive daily services by psychology staff.

DOC 376.04 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.045DOC 376.045 Conditions of room confinement.

DOC 376.045(1)(1) Punitive room confinement is prohibited.

DOC 376.045(2)(2) Any room used for room confinement shall be suicide resistant and protrusion free to reduce self-harm.

DOC 376.045(3)(3) Staff shall visually monitor youth in confinement. Visual monitoring shall be documented by staff.

DOC 376.045(4)(4) Youth shall spend a minimum of 30 hours per week and no less than 3 hours per day out of their assigned room, with time spent in the general population counted toward those hours.

DOC 376.045(5)(5) Youth shall have additional time out of their room to engage in gross motor exercise, social interaction and sensory stimulation activities unless a determination is made by a supervisor that the youth poses an immediate and substantial risk of physical harm to self or others.

DOC 376.045(6)(6) Youth shall have prompt access to water, toilet facilities, and hygiene supplies, either in their rooms or upon request to a staff member via any readily available communication method within 15 minutes of the request.

DOC 376.045(7)(7) Youth shall have property items similar to or the same as items allowed in the general population unless restricted as needed for safety of the youth or staff on a case-by-case basis. Any restriction shall only be temporary until the restricted items can be safely returned. A supervisor shall review any property restrictions on a daily basis and document the review.

DOC 376.045(8)(8) Youth shall have the ability to attend all regularly scheduled appointments with a social worker, psychology staff, and other health services unless it is determined by the superintendent following review of the psychology staff’s recommendation that the youth continues to present immediate and substantial risk of physical harm to others.

DOC 376.045(9)(9) Youth shall eat their meals out of their room unless a supervisor determines the youth presents an immediate and substantial risk of physical harm to others. If a youth is served their meal in-room a supervisor will document the occurrence including a justification for authorizing the meal in-room.

DOC 376.045(10)(10) Youth shall continue to receive any treatment programming they would regularly attend unless a determination is made by the superintendent following review of the psychology staff’s recommendation that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting group dynamics. Treatment services may be delivered one-on-one if the youth’s assigned social worker determines this to be in the best interest of the youth. The reasoning for the determination and the manner in which the treatment is provided shall be documented in the youth’s treatment record.

DOC 376.045(11)(11) Youth shall receive educational services with the general population except if a determination is made by staff that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting class instruction. When this determination is made, staff shall develop an alternative education plan within 24 hours including addressing any applicable special education services for youth.

DOC 376.045(12)(12) Youth must have access to any needed mental health treatment while in room confinement.

DOC 376.045(13)(13) Within 15 minutes of a youth’s placement in room confinement, staff shall orally inform the youth of their rights regarding grievances and appeals as specified in ch. DOC 380. Within one hour of a youth’s placement in room confinement, facility staff shall provide the youth with written notice of their rights regarding grievances and appeals.

DOC 376.045(14)(14) Staff shall create a written report, after room confinement of a youth is completed, documenting the necessity of room confinement, the less restrictive measures attempted to avoid room confinement, and the length of time the youth spent in room confinement. The youth shall be provided a copy of the report immediately upon completion of the report.

DOC 376.045 HistoryHistory: CR 24-003: cr. Register February 2025 No. 830, eff. 3-1-25.