Wisconsin Legislature: Chapter DOC 376

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 DOC 376 NoteNote: Chapter HSS 336 as it existed on June 30, 2000 was repealed and a new Chapter DOC 376 was created, Register, June, 2000, No. 534, effective July 1, 2000.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