Chapter DOC 376

DOC 376.12 DOC 376.12 Search of youth living quarters.

DOC 376.12(1) (1) Whenever staff conduct a search of a youth’s living quarters, staff in charge of the living unit at the time of the search or the staff who conducted the search shall write a report that includes all of the following:

DOC 376.12(1)(a) (a) The identity of the staff who conducted the search and the supervisor who approved it.

DOC 376.12(1)(b) (b) The date and time of the search.

DOC 376.12(1)(c) (c) The identity of the youth whose living quarters were searched.

DOC 376.12(1)(d) (d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.

DOC 376.12(1)(e) (e) Any objects that were seized pursuant to the search.

DOC 376.12(1)(f) (f) Whether any damage was done to the premises during the search.

DOC 376.12(2) (2) If property was seized or damaged pursuant to the search of a youth’s living quarters, staff shall inform the youth in writing. The facility shall pay for the cost of repair of personal property that is not contraband. In the alternative, and at the discretion of the superintendent, damaged personal property that is not contraband shall be replaced or the youth shall receive the fair market value of the property at the time it was damaged.

DOC 376.12(3) (3) In conducting searches, staff shall disturb the effects of youth as little as possible, consistent with thoroughness.

DOC 376.12(4) (4) Staff shall not read materials that they know or have reason to believe are legal materials.

DOC 376.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00 ; CR 24-003: am. (2), (4) Register February 2025 No. 830, eff. 3-1-25.

DOC 376.13 DOC 376.13 Search of youth.

DOC 376.13(1) (1) The following categories of youth searches may be conducted as follows:

DOC 376.13(1)(a) (a) Personal search. Staff may conduct a personal search of a youth under any of the following circumstances:

DOC 376.13(1)(a)1. 1. At the direction of a supervisor.

DOC 376.13(1)(a)2. 2. If staff have a reasonable belief that the youth possesses contraband.

DOC 376.13(1)(a)3. 3. Before a youth enters or leaves the security enclosure of a facility.

DOC 376.13(1)(a)4. 4. Before and after a youth has been with a visitor.

DOC 376.13(1)(a)5. 5. As part of a lockdown or a search of a housing unit under s. DOC 376.12 or facility under s. DOC 376.11.

DOC 376.13(1)(a)6. 6. When a youth is apprehended after an escape or an attempted escape.

DOC 376.13(1)(b) (b) Body scan search. A body scan search of a youth may occur only if there is probable cause to believe that the individual youth possesses or has ingested contraband or other harmful materials that could not be discovered through less intrusive means. Body scan searches of youth are subject to all of the following:

DOC 376.13(1)(b)1. 1. A body scan search may only be conducted in a private location not in view of other youth or staff members not involved in the search.

DOC 376.13(1)(b)2. 2. Body scan searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical staff.

DOC 376.13(1)(b)3. 3. Body scan searches may not be conducted in view of others not directly involved in the search and must be conducted away from video recording.

DOC 376.13(1)(b)4. 4. Psychology staff shall be notified as soon as practicable when a youth has been body scan searched.

DOC 376.13(1)(b)5. 5. Body scan searches shall be documented by staff.

DOC 376.13(1)(b)6. 6.

DOC 376.13(1)(b)6.a. a. Images produced utilizing body scanner technology may be viewed only when necessary by supervisors, psychology staff, or the health services unit.

DOC 376.13(1)(b)6.b. b. Images produced utilizing body scanner technology may not be stored on any external storage device or copied in any manner, unless authorized by the superintendent.

DOC 376.13(1)(c) (c) Strip search. A strip search of a youth may occur only if there is probable cause to believe that the individual youth possesses contraband that could not be discovered through less intrusive means. Strip searches, when permitted, are subject to all of the following:

DOC 376.13(1)(c)1. 1. A strip search may only be conducted in a private location. No unintended individuals including youth and staff shall be able to view the search, including by video or audio recording.

DOC 376.13(1)(c)2. 2. Strip searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical professional.

DOC 376.13(1)(c)3. 3. Less intrusive search methods shall be attempted before a strip search is conducted, unless it is determined by psychology staff in consultation with the youth that less intrusive searches, which may include physical contact, would cause greater trauma to the youth.

DOC 376.13(1)(c)4. 4. Strip searches may only be conducted by staff trained in trauma-informed care in accordance with facility policy.

DOC 376.13(1)(c)5. 5. Psychology staff shall be consulted prior to a strip search.

DOC 376.13(1)(c)6. 6. Strip searches shall be documented by staff.

DOC 376.13(1)(d) (d) Body contents search. Only staff assigned by the superintendent may obtain samples as part of a body contents search. Staff of the same gender identity as the youth being searched shall collect urine specimens. Trained staff may conduct breath specimen tests. Assigned staff may conduct a body contents search under any of the following circumstances, and only after approval by the superintendent:

DOC 376.13(1)(d)1. 1. For security reasons.

DOC 376.13(1)(d)2. 2. For program reasons.

DOC 376.13(1)(d)3. 3. For investigation purposes if one or more staff, from direct observation or reliable sources, have a reasonable belief that a youth has used, possesses, or is under the influence of intoxicating substances.

DOC 376.13(1)(d)4. 4. As part of a random testing program.

DOC 376.13(1)(d)5. 5. As required by a court for DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

DOC 376.13(2) (2) Staff shall preserve the dignity of youth to the extent reasonably possible in all searches conducted under this section and are required to conduct all searches utilizing trauma-informed care.

DOC 376.13(3) (3) Before a search is conducted pursuant to this section, a youth shall be informed that a search is about to occur and of the nature of the search and the location where the search is to occur.

DOC 376.13(4) (4) Results of searches, and any contraband or test results obtained under sub. (1), may be retained as evidence for consideration in response to addressing noncompliant behaviors.

DOC 376.13(5) (5) All searches conducted under sub. (1) shall be documented by staff and include all of the following:

DOC 376.13(5)(a) (a) The identity of the staff member who conducted the search.

DOC 376.13(5)(b) (b) The date and time of the search.

DOC 376.13(5)(c) (c) The identity of the youth searched.

DOC 376.13(5)(d) (d) The reason for the search. If the search was a random search the report shall so state.

DOC 376.13(5)(e) (e) Any objects seized pursuant to the search.

DOC 376.13(5)(f) (f) The identity of all staff present when the search was conducted.

DOC 376.13(5)(g) (g) When a body scan search is conducted, the documentation shall assert how the limitations and requirements in sub. (1) (b) are met.

DOC 376.13(5)(h) (h) When a strip search is conducted, the documentation shall assert how the limitations and requirements in sub. (1) (c) are met.

DOC 376.13(6) (6) Contraband seized as the result of any search under sub. (1) shall be disposed of in accordance with s. DOC 376.17. All contraband seized shall be documented by staff along with searches required by sub. (1) and include the place and time contraband was seized and the identity of the person possessing the contraband. If the contraband was not found in possession of a person, the report shall state that fact.

DOC 376.13 History History: 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 376.14 DOC 376.14 Search of visitors.

DOC 376.14(1) (1) Before a visitor is permitted in a facility, staff responsible for the admission of visitors shall be satisfied that the visitor is not carrying an unauthorized object into the facility.

DOC 376.14(2) (2) Each facility shall have information readily available to visitors informing them of the objects they may carry into the facility. Each facility shall have a place for the safekeeping of objects that may not be carried into the facility and shall permit visitors to store objects in these places.

DOC 376.14(3) (3) Before admitting a visitor, staff responsible for admission of visitors may request visitors to empty pockets and containers, permit the inspection of containers or submit themselves and objects they carry into the facility to inspection by a device designed to detect metal or unauthorized objects.

DOC 376.14(4) (4) Before admitting a visitor, staff responsible for admission of visitors may request a visitor to submit to a personal search, which the superintendent and the administrator must authorize, if there is a reasonable belief the visitor is concealing an unauthorized object.

DOC 376.14(5) (5) Before an inspection or search is conducted pursuant to sub. (3) or (4), the visitor shall be informed orally and in writing, either by a sign posted in a prominent place or on a notice, that the visitor need not permit the inspection or search and that if the visitor does not give permission, the visitor shall not be admitted to the facility.

DOC 376.14(6) (6) If staff find an unauthorized object under sub. (3) or (4), the visitor may be denied entry to the facility and visiting privileges may be suspended.

DOC 376.14(7) (7) If a visitor is denied entry to a facility for refusal to permit a search or if a search is conducted of a visitor under sub. (4), the staff involved shall submit a written report to the superintendent that states all of the following:

DOC 376.14(7)(a) (a) The identity of all staff involved and the person who approved the search.

DOC 376.14(7)(b) (b) The identity of the visitor and the youth being visited.

DOC 376.14(7)(c) (c) The date and time of the search or proposed search.

DOC 376.14(7)(d) (d) The reason for the request to permit a search, including the basis for the belief that unauthorized objects were concealed by the visitor.

DOC 376.14(7)(e) (e) Whether unauthorized objects were seized pursuant to the search and a description of the objects.

DOC 376.14(7)(f) (f) Any involvement of the sheriff or local law enforcement.

DOC 376.14(8) (8) If an unauthorized object is found pursuant to a search of a visitor, the superintendent shall dispose of the object consistent with s. DOC 376.17.

DOC 376.14(9) (9) Staff shall conduct all inspections and searches in a courteous manner and shall strive to protect the dignity of visitors who are inspected or searched.

DOC 376.14(10) (10) If the facility finds an unauthorized object pursuant to the search under this section, and it is illegal to conceal or possess the object, the superintendent shall inform a law enforcement agency and turn the object over to the law enforcement agency for referral to the district attorney and deny the visit. If the facility determines that the visitor appears to be under the influence of an intoxicating substance, the superintendent shall deny the visit and may inform a law enforcement agency.

DOC 376.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. (1) to (3), renum. (4) (a) to (4) and am., r. (4) (b), am. (5), (6), (7) (intro.), cr. (10) Register February 2025 No. 830, eff. 3-1-25; correction in (5) made under s. 35.17, Stats., Register February 2025 No. 830.

DOC 376.15 DOC 376.15 Search of staff.

DOC 376.15(1) (1) Each facility shall give staff written notice of the objects that they may not carry into or out of the facility.

DOC 376.15(2) (2) The superintendent may require that staff regularly submit to a personal search before they enter or leave a facility. As part of the personal search, the superintendent may require staff to submit themselves and objects they carry into or out of the facility to inspection by a device designed to detect metal or unauthorized objects.

DOC 376.15(3) (3) The superintendent may require that staff vehicles and personal possessions be searched while on facility grounds. Staff who refuse to submit to a search shall not be admitted to the facility and may be subject to disciplinary action.

DOC 376.15(4) (4) If an unauthorized object is found pursuant to a search conducted under this section, the superintendent shall dispose of the object consistent with s. DOC 376.17.

DOC 376.15(5) (5) All searches shall be conducted in a courteous manner. Staff shall strive to protect the dignity of staff who are searched.

DOC 376.15 History History: 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 376.16 DOC 376.16 Factors to consider to determine if a search is necessary. Prior to searching a visitor, a youth or other staff, staff shall determine that reasonable grounds or probable cause exists to believe the person being searched possesses contraband. Staff shall consider all of the following factors.

DOC 376.16(1) (1) The reliability of information provided by an informant indicating the existence of contraband by assessing whether the information is detailed, consistent and corroborated.

DOC 376.16(2) (2) The reliability of an informant by considering whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information.

DOC 376.16(3) (3) The activity of a visitor, youth or staff that relates to whether the person to be searched might carry contraband.

DOC 376.16(4) (4) The information provided by the person who may be searched which is relevant to whether the person possesses contraband.

DOC 376.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.17 DOC 376.17 Seizure and disposal of contraband.