Wisconsin Legislature: DOC 376.17(3)(f)

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

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

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

(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.

(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.

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

DOC 376.15 Search of staff.

(1) A superintendent may require that staff submit to a personal search before they enter or leave an institution. As part of the personal search, the superintendent may require staff to submit themselves and objects they carry into or out of the institution to inspection by a device designed to detect metal or unauthorized objects. A superintendent may require that staff vehicles and personal possessions be searched while on institution grounds. A superintendent, with approval of the administrator, may require that staff submit to a strip search. Approval for any search shall be given only if there are reasonable grounds to believe the individual being searched is concealing an unauthorized object.

(2) Staff who refuse to submit to a search shall not be admitted to the institution and may be subject to disciplinary action.

(3) 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.

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

(5) Each institution shall give staff written notice of the objects they may not carry into or out of the institution.

(6) If a search is conducted under this section, the staff who conducted the search shall submit a written report to the superintendent that includes the information required by s. DOC 376.13 (4).

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

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.

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

(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.

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

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

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

DOC 376.17 Seizure and disposal of contraband.

(1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent accompanied by the written report required under ss. DOC 376.13 (4) and 376.14 (7). Items that are not contraband shall be returned to the owner consistent with institution policy and procedure. Contraband shall be returned to the owner, given to the sheriff or local law enforcement agency or disposed of in accordance with this section.

(2) If staff writes a conduct report, as defined in s. DOC 373.03 (4), the superintendent shall determine the manner of disposal of contraband under sub. (3) after completion of a disciplinary hearing under s. DOC 373.73.

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

(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. Contraband may not be returned to a youth unless its return is consistent with this section and the institution’s policies and procedures.

(b) Property that is unlawful to possess under state or federal law shall be given to the sheriff or a local law enforcement agency.

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

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

(e) Currency shall be returned to the owner if the owner is known, except that if a youth is the owner of currency, it shall be deposited in the youth’s account. Currency shall be placed in the state’s general fund if the owner cannot be determined.

(f) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to locate the maker, the checks or negotiable instruments shall be given to the sheriff or a local law enforcement agency.

(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. Items having an apparent value of $5.00 or less shall be destroyed in accordance with the policies and procedures of the institution.

(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 institution’s policies and procedures, the superintendent shall do one of the following:

1. Give the contraband to the sheriff or a local law enforcement agency.

2. Store the contraband in the institution until the youth is discharged or otherwise released from the institution.

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

4. Deliver the contraband to a person on the youth’s visiting list when the person visits the institution.

5. Destroy the contraband, consistent with institution policy and procedure.

(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.

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

DOC 376.18 Report of contraband seized. Each month the superintendent of each institution shall submit to the administrator a report of all contraband seized, the place and time it was seized, and the identity of the person possessing the contraband. If the contraband was not found in the possession of a person, the report shall state that fact.

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

DOC 376.19 Lockdown. In the event of a safety or security need, the superintendent may at any time lockdown an institution to investigate and control the situation. The superintendent shall give the secretary and the administrator advance notice, when possible, 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.

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

DOC 376.20 Disturbance plan.

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

(a) Two or more youth assault any person.

(b) A youth has taken a hostage.

(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.

(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).

(2) Each institution 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.

(3) The purposes of the disturbance plan are:

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

(b) To protect property.

(d) To identify any person who participated in the disturbance, to provide for disciplinary action to be taken according to ch. DOC 373 and to provide relevant information to the sheriff or local law enforcement agency so that participants can be prosecuted.

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

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

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

(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.

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

(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.

(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.

(c) One member to be designated by the superintendent of the institution where the incident occurred from the institution staff.

(9) A disturbance review panel shall submit a written report to the secretary that includes the facts relevant to the incident and states a conclusion as to whether the department’s rules were complied with.

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

DOC 376.21 Emergencies.

(1) In this section, “emergency” means an immediate threat to the safety of the staff or youth of an institution, as determined by a superintendent, other than a disturbance as defined in s. DOC 376.20 (1). An emergency may include, but is not limited to:

(a) An epidemic.

(b) A malfunctioning of institution systems including the water, electrical or telephone system.

(d) A bomb threat or explosion.

(e) An employee strike.

(f) A natural disaster.

(g) A civil disturbance.

(2) Each institution shall have a written plan, a copy of which shall be filed with the administrator, to be implemented in the event of an emergency.

(3) The purposes of the emergency plan shall be:

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

(b) To protect property.

(d) To identify any person who contributed to the creation of an emergency and to provide this information to the sheriff or local law enforcement agency for prosecution.

(4) If an emergency occurs that prevents the normal functioning of the institution, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09, until the emergency is ended and order is restored to the institution.

(5) The superintendent shall provide immediate notification of an emergency to the administrator.

(6) If an emergency occurs, the secretary may convene a review panel to investigate the emergency. The panel shall be made up of persons selected in accordance with s. DOC 376.20 (8). The panel shall be provided with staff adequate to conduct a thorough investigation of the emergency.

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (intro.) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.