Chapter DOC 346

DOC 346.47(6) (6) A juvenile’s privileges may be restricted for a rule violation after the juvenile is given an opportunity to explain the circumstances of the alleged violation. A supervisor shall review the rule violation and restriction within 24 hours. The supervisor’s review shall include an opportunity for the juvenile to explain the circumstances of the alleged violation.

DOC 346.47(7) (7) A juvenile may not be disciplined by corporal or unusual punishment, intentional humiliation, mental abuse, interference with the daily functions of living, the use of chemical agents, the use of restraints such as handcuffs or shackles, or by placement in a cell designed for the administrative or disciplinary segregation of adults.

DOC 346.47 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.48 DOC 346.48 Disciplinary hearings. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to disciplinary hearings, including all of the following components:

DOC 346.48(1) (1) Whenever cell confinement of 6 hours or more is proposed as a disciplinary measure, the juvenile shall be given a disciplinary hearing. Notice of the hearing and specific charges shall be given at least 12 hours prior to the hearing unless the notice is waived by the juvenile. The juvenile shall be advised of the following rights:

DOC 346.48(1)(a) (a) The right to request the presence of available material witnesses.

DOC 346.48(1)(b) (b) The right to have the facility provide a staff advocate or adequate substitute to assist the juvenile in responding to the charges.

DOC 346.48(2) (2) The disciplinary hearing shall be held before an impartial hearing officer or committee within 24 hours of receipt of the written notice by the juvenile.

DOC 346.48(3) (3) At the hearing, the juvenile or the juvenile’s representative shall be entitled to call witnesses and present documentary evidence which are material to the determination of the facts of the alleged violation.

DOC 346.48(4) (4) No later than 24 hours after the hearing, the hearing officer shall issue a written decision and instructions for possible appeal to the superintendent.

DOC 346.48(5) (5) A juvenile may waive the right to a disciplinary hearing in writing at any time. A waiver does not constitute an admission of the alleged violation.

DOC 346.48(6) (6) A juvenile may appeal the decision of the hearing officer to the superintendent within 24 hours of receipt of the decision.

DOC 346.48(7) (7) The superintendent shall issue a written decision no later than 24 hours after receipt of an appeal under sub. (6).

DOC 346.48 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.49 DOC 346.49 Control. The operational plan under s. DOC 346.04 shall contain policies and procedures for the control of juveniles, including all of the following components:

DOC 346.49(1) (1) Cell confinement.

DOC 346.49(1)(a) (a) If a juvenile’s behavior presents a serious risk of harm to self or others or if a juvenile presents a serious risk to security, the juvenile may be confined to his or her own cell for purposes of control and shall be referred to health care professionals as soon as possible if appropriate. The juvenile shall be released as soon as the danger has ended. Cell confinement for control for more than one hour shall require the approval of the superintendent or designee. If the juvenile is held in cell confinement for more than one hour, the superintendent or designee shall personally visit the confined juvenile before the juvenile has been confined for 6 hours, excluding hours between 8:00 p.m. to 7:00 a.m., and at least once every 6 hours thereafter until the juvenile is released from cell confinement. Documentation of cell confinement and required approvals shall be made a part of the juvenile’s record.

DOC 346.49(1)(b) (b) A juvenile may be confined to his or her own cell for discipline or control only as follows:

DOC 346.49(1)(b)1. 1. There may be no additional loss of privileges, and reading, recreational and educational materials shall be provided unless there is reason to believe that these materials will be damaged or their presence presents a danger to the juvenile.

DOC 346.49(1)(b)2. 2. No juvenile may be placed in cell confinement for more than 24 consecutive hours without medical authorization based on a finding that further confinement will not harm the juvenile.

DOC 346.49(1)(b)3. 3. A written or electronic log of cell confinements shall be recorded and maintained.

DOC 346.49(1)(b)4. 4. A juvenile may not be placed in confinement in a cell designed for the administrative or disciplinary segregation of adults.

DOC 346.49(2) (2) Use of restraints and control devices.

DOC 346.49(2)(a) (a) Instruments of restraint, such as handcuffs, leg irons, restraint chairs, and straight jackets may not be applied as treatment or punishment. Restraints and control devices may only be used with the approval of the superintendent for prevention of escape during transfer, for medical reasons by direction of a health care professional, or to prevent juvenile self-injury, injury to others, or property damage.

DOC 346.49(2)(b) (b) Instruments of restraint may not be applied for more time than is necessary to achieve the purposes under par. (a).

DOC 346.49(2)(c) (c) Staff shall examine restraints and other control devices to assure proper use and operation. Staff shall not use restraints or other control devices which are defective or excessively worn.

DOC 346.49(2)(d) (d) Documentation of use of restraints and control devices shall include the reason for and duration of use.

DOC 346.49(2)(e) (e) Officer and other staff shall receive training on the use of restraints and control devices under s. DOC 346.21 (2).

DOC 346.49 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

subch. IX of ch. DOC 346 Subchapter IX — Juvenile Portion of a County Jail

DOC 346.50 DOC 346.50 Admission criteria for juvenile portions of county jails. Juveniles may be admitted to a juvenile portion of a county jail under s. 48.209 or 938.209, Stats., only subject to the following:

DOC 346.50(1) (1) Juveniles may be held in a juvenile portion of a county jail for a maximum of 24 hours, not including weekends or holidays, except juveniles may be held for a maximum of 6 hours, excluding weekends or holidays in counties that are within a metropolitan statistical area under the current designation of the federal Bureau of Census.

DOC 346.50(2) (2) Juveniles may be held only for the purposes of identification, processing, and to arrange for release to parents or transfer to juvenile court officials or juvenile shelter or detention facilities. Any holding of juveniles shall be limited to the absolute minimum time necessary to complete these purposes, not to exceed the time limits under sub. (1). An alleged or adjudicated delinquent may be detained before a court appearance for a period of time not to exceed the limits under sub. (1). An alleged or adjudicated delinquent may be detained after a court appearance for a time period not to exceed an additional 6 hours. Any hold of an adjudicated delinquent that is not related to a court appearance is prohibited.

DOC 346.50(3) (3) Persons who are 18 years of age or older may not be admitted or held in a juvenile portion of a county jail, unless they are currently only under juvenile court jurisdiction under ch. 938 or 48, Stats.

DOC 346.50 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.51 DOC 346.51 Juvenile justice and delinquency prevention act. A juvenile portion of a county jail may be used to hold juveniles only as permitted by 42 USC 5601 to 5761 and 28 CFR Part 31.

DOC 346.51 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.52 DOC 346.52 Contact.

DOC 346.52(1) (1) There may be no physical or visual contact between juveniles and adult inmates in the juvenile portion of a county jail.

DOC 346.52(2) (2) There may be no sustained sound contact between juveniles and adult inmates in the juvenile portion of a county jail.

DOC 346.52 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.53 DOC 346.53 Existing facilities. Existing juvenile portions of a county jail shall continue to meet the physical requirements for adult jails established in ch. DOC 350.

DOC 346.53 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.54 DOC 346.54 Staffing plan in a juvenile portion of a county jail.

DOC 346.54(1) (1) No officer providing supervision to juveniles may be responsible for the supervision of more than 30 individuals.

DOC 346.54(2) (2) No officer responsible for supervision of juveniles may during the same time period have responsibility for radio or dispatch duties.

DOC 346.54(3) (3) An officer of the same gender as the juveniles being admitted or held in custody shall be on duty in the facility.

DOC 346.54(4) (4) At all times an officer shall be within hearing distance of the area in which a juvenile is confined.

DOC 346.54 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.