Chapter DOC 376

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.

DOC 376.17(1) (1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent and documented in accordance with s. DOC 376.13 (6). Items that are not contraband shall be returned to the owner consistent with facility policy and procedure. Contraband shall be returned to the owner, given to the appropriate law enforcement agency or disposed of in accordance with this section.

DOC 376.17(3) (3) Disposal of contraband shall be accomplished in one of the following ways:

DOC 376.17(3)(a) (a) Except as otherwise provided in this subsection, if the owner can be determined, the superintendent may direct that the contraband be returned to the owner.

DOC 376.17(3)(b) (b) Contraband that is unlawful to possess under state or federal law shall be given to the appropriate law enforcement agency.

DOC 376.17(3)(c) (c) Intoxicating substances shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(d) (d) Weapons shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(e) (e) Currency, checks, and other negotiable instruments shall be returned to the owner unless the owner is determined to be a youth, in which case, these items shall be held in the youth’s account. If the owner cannot be determined, currency shall be placed in the state’s general fund. Checks and other negotiable instruments shall be given to the appropriate law enforcement agency.

DOC 376.17(3)(g) (g) Other property, whose ownership is unknown, shall be sold through the department’s purchasing office and proceeds of the sale shall be placed in the state’s general fund.

DOC 376.17(3)(h) (h) If it is determined that a youth is the owner of contraband that is lawful to possess, other than currency, but return of the contraband is inconsistent with the department’s rules or the facility’s policies and procedures, the superintendent shall do one of the following:

DOC 376.17(3)(h)1. 1. Give the contraband to the sheriff or a local law enforcement agency.

DOC 376.17(3)(h)2. 2. Store the contraband in the facility until the youth is discharged or otherwise released from the facility.

DOC 376.17(3)(h)3. 3. Deliver the contraband by mail or commercial carrier to a person on the youth’s visiting list at the expense of the youth.

DOC 376.17(3)(h)4. 4. Deliver the contraband to a person on the youth’s visiting list when the person visits the facility.

DOC 376.17(3)(h)5. 5. Destroy the contraband, consistent with facility policy and procedure.

DOC 376.17(4) (4) A youth who is the owner of property under sub. (3) shall receive notice of the proposed disposition of the property at least 3 days prior to the disposition. The youth may appeal the decision by filing a complaint under ch. DOC 380. The property shall not be disposed of until the complaint is resolved.

DOC 376.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003:. am. (1), r. (2), am. (3) (a), (b), (e), r. (3) (f), am. (3) (g), (h) (intro.), 2., 4., 5. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.18 DOC 376.18 Incident review process. Committee review of incidents involving the use of physical force, room confinement, mechanical restraints applied for more than 45 minutes, and any strip searches shall be consistent with all of the following:

DOC 376.18(1) (1) The review committee will include all staff directly involved in an incident, their supervisors, the case manager assigned to the youth, the psychology staff who are familiar with the youth, the facility director of security, the deputy superintendent, and the superintendent.

DOC 376.18(2) (2) Within 24 hours of the incident, all available members of the review committee shall meet to assess whether physical force, room confinement, or mechanical restraints were used appropriately, to discuss less restrictive alternative strategies that staff could have used, and to provide an opportunity for staff training or redirection or both if needed.

DOC 376.18(3) (3) If not all members of the review committee are available for the meeting within 24 hours of the incident, the full review committee shall meet or confer as soon as possible and no later than one week after the incident.

DOC 376.18(4) (4) The review committee shall also review all uses of strip searches weekly to ensure that any such searches were conducted only upon probable cause.

DOC 376.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2024 No. 830, eff. 3-1-25.

DOC 376.19 DOC 376.19 Lockdown. In the event of an extraordinary safety or security need, the superintendent may at any time lockdown a facility to investigate and control an imminent threat to the safety and security of staff and youth. The superintendent shall give the secretary and the administrator advance notice of any lockdown. If advance notice cannot be given, the superintendent shall notify the secretary and the administrator of a lockdown as soon as possible.

DOC 376.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.20 DOC 376.20 Disturbance plan.

DOC 376.20(1) (1) In this section, a disturbance means any of the following has occurred:

DOC 376.20(1)(a) (a) A group disturbance.

DOC 376.20(1)(b) (b) An incident.

DOC 376.20(1)(c) (c) A youth has taken a hostage.

DOC 376.20(1)(d) (d) Two or more youth, acting in concert, refuse to comply with an order to return to living quarters or to go to a place.

DOC 376.20(1)(e) (e) One or more youth incite or encourage one or more youth by words or acts to do any of the acts referred to in pars. (a) to (d).

DOC 376.20(2) (2) Each facility shall have a written plan, a copy of which shall be filed with the administrator, to control and stop a disturbance. The plan shall be prepared by the superintendent and shall be reviewed at least once a year.

DOC 376.20(3) (3) The purposes of the disturbance plan are:

DOC 376.20(3)(a) (a) To ensure, as the highest priority, the safety and welfare of the general public, staff and youth.

DOC 376.20(3)(b) (b) To protect property.

DOC 376.20(3)(c) (c) To maintain and restore order to the facility.

DOC 376.20(3)(d) (d) To identify any person who participated in the disturbance, to address youth behavior in accordance with ch. DOC 373 and to provide relevant information to the sheriff or local law enforcement agency so that participants may be prosecuted.

DOC 376.20(4) (4) Staff who are taken hostage have no authority to order any action or inaction by staff.

DOC 376.20(5) (5) If a major disturbance occurs that prevents the normal functioning of the facility, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09 and 376.13, until the disturbance is ended and order is restored to the facility.

DOC 376.20(6) (6) A superintendent shall immediately notify the administrator of a disturbance.

DOC 376.20(7) (7) If a disturbance occurs and a person is injured or if it results in a suspension of the rules under sub. (5), the secretary may convene a disturbance review panel to investigate the disturbance. The panel shall be made up of persons selected in accordance with sub. (8). The panel shall have adequate staff to conduct a thorough investigation of the disturbance.

DOC 376.20(8) (8) A disturbance review panel shall consist of 5 persons selected as follows:

DOC 376.20(8)(a) (a) Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.

DOC 376.20(8)(b) (b) Two members designated by the administrator, one of whom shall be a member of the administrator’s central office staff and one of whom shall be a member of the public.