Chapter DOC 347

DOC 347.54(5) (5) Staff shall consider whether a youth’s disability, mental illness, special education status, or limited English proficient status contributed to the behavior when assigning consequences for violations of the facility’s rules. Staff should consult with a qualified mental health professional when making that decision.

DOC 347.54(6) (6) Staff may restrict a youth’s privileges for a rule violation if all of the following occur:

DOC 347.54(6)(a) (a) The youth is given the opportunity to explain the circumstances of the alleged violation. The youth’s statement or refusal shall be documented. A supervisor shall document their review of the rule violation, the youth’s statement, and restriction within 24 hours.

DOC 347.54(6)(b) (b) Any restriction shall be directly related to the violation.

DOC 347.54(7) (7) Dispositions may not include any of the following:

DOC 347.54(7)(a) (a) Room restriction.

DOC 347.54(7)(b) (b) Withholding of basic necessities such as food, water, toilet, clothing, sleep, or the use of materials necessary to maintain a basic level of personal hygiene.

DOC 347.54(7)(c) (c) Restriction of access to religious worship, attorneys, privileged mail, courts, legislators, and medical and mental health services.

DOC 347.54(7)(d) (d) Restriction of exercise.

DOC 347.54(7)(e) (e) Corporal, unusual, or humiliating punishment.

DOC 347.54(7)(f) (f) Use of mechanical restraints.

DOC 347.54 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.55 DOC 347.55 Disciplinary procedures.

DOC 347.55(1) (1) A staff member who observes a youth committing a rule violation shall inform the youth of the rule that was violated and the disciplinary procedure.

DOC 347.55(2) (2) A staff member shall offer the youth the opportunity to provide a statement. Staff shall document the youth’s statement or their refusal to provide a statement.

DOC 347.55(3) (3) Staff shall inform the youth that the disciplinary report and statement will be forwarded to the supervisor or designee for review and determination of disposition.

DOC 347.55(4) (4) An impartial supervisor or designee shall immediately review the disciplinary report and youth’s statement, render a decision, and notify the youth immediately. If the supervisor finds that no violation occurred, the youth shall be notified that the charge has been dismissed. The supervisor shall document their review.

DOC 347.55(5) (5) The youth shall be notified of their right to appeal the supervisor’s decision.

DOC 347.55(6) (6) The youth may appeal the decision within 24 hours of receipt of the decision.

DOC 347.55(7) (7) The youth shall receive a written decision no later than 24 hours after receipt of an appeal.

DOC 347.55(8) (8) The facility shall document information on each rule violation by a youth, each disciplinary action taken by the facility, and each appeal. The documentation shall be maintained in the youth’s record.

DOC 347.55 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.56 DOC 347.56 Review of behavior management. At least quarterly, the facility shall review the use of behavior management. The review shall include:

DOC 347.56(1) (1) Any patterns indicated by similarities in the time of day, day of the week, duration of the use of procedure, individuals involved, or other factors associated with the use of discipline or administrative confinement.

DOC 347.56(2) (2) Actions needed to correct identified deficiencies in the facility’s implementation of youth discipline or administrative confinement.

DOC 347.56(3) (3) A review of current options available for addressing and supporting behavior management.

DOC 347.56(4) (4) The quarterly review shall be documented.

DOC 347.56 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

subch. XI of ch. DOC 347 Subchapter XI — Hygiene and Sanitation

DOC 347.57 DOC 347.57 Hygiene. The facility shall do all of the following:

DOC 347.57(1) (1) Permit youth to shower at least once per day.

DOC 347.57(2) (2) Provide hygiene and toiletry supplies sufficient for maintenance of cleanliness of the youth including toothpaste, toothbrush, soap and shampoo, shaving materials, comb or hair brush, and feminine hygiene materials.

DOC 347.57(3) (3) Provide youth adequate time to conduct appropriate hygiene practices, including opportunities to groom themselves before court appearances and other important events.

DOC 347.57 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.58 DOC 347.58 Sanitation.

DOC 347.58(1) (1) Vermin and pests shall be controlled with an effective, documented program. Containers of poisonous compounds used for exterminating rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware in a locked area not accessible to youth.

DOC 347.58(2) (2) The facility shall provide youth access to cleaning materials daily.

DOC 347.58(3) (3) Tables used for common use and meals shall be kept sanitized.

DOC 347.58(4) (4) Safety and sanitation inspections of the facility shall be completed and documented at a minimum of once monthly.

DOC 347.58(5) (5) Common use grooming tools shall be disinfected and cleaned before reissue and are stored in a secure area.

DOC 347.58(6) (6) Property storage containers shall be sanitized before reuse.

DOC 347.58(7) (7) Trash shall be removed daily.

DOC 347.58 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

subch. XII of ch. DOC 347 Subchapter XII — Collocated Facilities

DOC 347.59 DOC 347.59 Staffing of collocated facilities.

DOC 347.59(1) (1) This section applies to facilities located in a portion of a secure juvenile detention facility or a Type 1 juvenile correctional facility under s. 301.37 (1m), Stats.

DOC 347.59(2) (2) Staff responsible for the supervision of youth held in a facility may have responsibility for supervision of youth confined in a secure juvenile detention facility or Type 1 facility provided all of the following are met:

DOC 347.59(2)(a) (a) The staff member has successfully completed required training specific to each type of facility.

DOC 347.59(2)(b) (b) The facility is able to meet the applicable staffing plan of each facility type.

DOC 347.59 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.60 DOC 347.60 Physical space of collocated facilities.

DOC 347.60(1) (1) This section applies to secured residential care centers for children and youth located in a portion of a secure juvenile detention facility or a Type 1 juvenile correctional facility under s. 301.37 (1m), Stats.

DOC 347.60(2) (2) A secured residential care center for children and youth may share any of the following areas with a secure juvenile detention facility or a Type 1 juvenile correctional facility:

DOC 347.60(2)(a) (a) Receiving room.

DOC 347.60(2)(b) (b) Holding room.

DOC 347.60(2)(c) (c) Healthcare space.

DOC 347.60(2)(d) (d) Receiving space.

DOC 347.60(2)(e) (e) Visitation space.

DOC 347.60(3) (3) With the exception of special events, a secured residential care center for children and youth may share, but not concurrently use, any of the following areas in a secure juvenile detention facility or a Type 1 juvenile correctional facility:

DOC 347.60(3)(a) (a) Multipurpose room.

DOC 347.60(3)(b) (b) Classroom space.

DOC 347.60(3)(c) (c) Quiet space.

DOC 347.60(3)(d) (d) Indoor recreation space.

DOC 347.60(3)(e) (e) Outdoor recreation space.

DOC 347.60(3)(f) (f) Cafeteria or common space for meals.

DOC 347.60(3)(g) (g) Food service space under s. DOC 347.10 (12) when used for programming.

DOC 347.60(4) (4) A secured residential care center for children and youth shall not share youth housing with a secure juvenile detention facility or a Type 1 juvenile correctional facility.

DOC 347.60 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.