Chapter DOC 371

DOC 371.03(29) (29) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 371.03(30) (30) “Supervision” means the rights and duties of the department or a county department under ss. 48.366 and 938.505, Stats., with respect to a youth placed in a type 1 or type 2 secured correctional facility or on aftercare by a court or by the department.

DOC 371.03(31) (31) “Supervisor” means a department or a county department employee responsible for the supervision or administration of aftercare supervision or that person’s designee.

DOC 371.03(32) (32) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 371.03(33) (33) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 371.03(34) (34) “Waived offender” means a youth who is convicted of a crime after the juvenile court waived jurisdiction under s. 938.18, Stats., and is placed in a type 1 secured correctional facility pursuant to s. 973.013 (3m), Stats.

DOC 371.03(35) (35) “Youth” means a person or persons under the supervision of the department or a county department consistent with the requirements of law regardless of age.

DOC 371.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 371.04 DOC 371.04 Purpose and duration of A&E.

DOC 371.04(1) (1) A&E begins with a youth’s placement with the department. The purposes of A&E are all of the following:

DOC 371.04(1)(a) (a) To verify the legal authority to detain or accept placement of a youth.

DOC 371.04(1)(b) (b) To promptly notify the agent and the parent or guardian of a youth that the youth has been admitted to a type 1 secured correctional facility.

DOC 371.04(1)(c) (c) To formally identify a youth as an active case in the juvenile corrections system and to notify other agencies as appropriate.

DOC 371.04(1)(d) (d) To assist a youth in notifying family members of the procedures for mail and visiting.

DOC 371.04(1)(e) (e) To conduct a comprehensive evaluation of a youth’s background and program needs including the writing of the assessment and evaluation report, the family and home assessment and the education evaluation report and to complete a needs and risk assessment using the juvenile classification system instruments.

DOC 371.04(1)(f) (f) To evaluate and make recommendations for the academic, vocational, health, social, psychological and security needs of a youth.

DOC 371.04(1)(g) (g) To provide a youth with an orientation to the rules and programs of the department.

DOC 371.04(1)(h) (h) To answer a youth’s questions.

DOC 371.04(1)(i) (i) To recommend an appropriate placement for a youth.

DOC 371.04(2) (2) A&E shall be completed within 35 days from the date a youth arrives at the institution.

DOC 371.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.05 DOC 371.05 Orientation during A&E.

DOC 371.05(1) (1) Staff shall provide youth with an orientation to the department. The orientation shall provide youth with appropriate information about all of the following:

DOC 371.05(1)(a) (a) Division programs that are available to a youth while in type 1 or type 2 secured correctional facilities or on aftercare.

DOC 371.05(1)(b) (b) Criteria used in the development of a youth’s case plan and for assignment to specific programs.

DOC 371.05(1)(c) (c) The procedure and criteria for a youth to earn transfer or release from an institution.

DOC 371.05(1)(d) (d) The conduct rules under s. DOC 373.05 and institution policies and procedures which a youth must observe.

DOC 371.05(1)(e) (e) The youth complaint procedure under ch. DOC 380.

DOC 371.05(2) (2) Staff shall make information under sub. (1) accessible to youth in all of the following ways:

DOC 371.05(2)(a) (a) Staff shall provide youth with a copy of the rules of conduct that youth are required to follow and the programs available at the institution in which a youth is placed.

DOC 371.05(2)(b) (b) During the A&E process and thereafter, staff shall provide youth with access to written materials describing the expectations for youth and the programs available to youth, including the administrative rules of the department and any available institution handbooks.

DOC 371.05(2)(c) (c) If a youth has special language or developmental needs, staff shall provide the youth with an orientation program that communicates the information required by this section.

DOC 371.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.06 DOC 371.06 Evaluation during A&E.

DOC 371.06(1) (1) Staff shall determine each youth’s program needs during A&E.

DOC 371.06(2) (2) Determination of a youth’s program needs requires all of the following reports:

DOC 371.06(2)(a) (a) The youth’s agent completes a family and home assessment report that includes the delinquency family assessment and juvenile parole risk assessment as described in s. DOC 371.07.

DOC 371.06 Note Note: The department intends that “aftercare” be used rather than “parole”.

DOC 371.06(2)(b) (b) The institution social worker completes an assessment and evaluation report that incorporates the delinquency youth assessment as described in s. DOC 371.08.

DOC 371.06(2)(c) (c) The institution education staff complete the education evaluation report as described in s. DOC 371.09.

DOC 371.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.07 DOC 371.07 Family and home assessment.

DOC 371.07(1) (1) Purpose. The purpose of the family and home assessment report is to provide the department with accurate, complete and relevant information upon which to base correctional, transfer, release, extension and discharge decisions for a youth.

DOC 371.07(2) (2) When prepared. The agent shall prepare the family and home assessment report and forward copies to the JPRC at least 3 days prior to the initial JPRC conference under s. DOC 371.10.

DOC 371.07(3) (3) Content. The family and home assessment report shall include all of the following:

DOC 371.07(3)(a) (a) Information relevant to sub. (1), which is not included in the court report, correctional placement report or serious juvenile offender report. It shall include information relating to family attitude toward commitment, family perception of the program needs, family perception of community, the youth’s potential for reintegration into the family, potential and family attitude regarding alternate care placement as a transition to home placement.

DOC 371.07(3)(b) (b) Information obtained on the delinquency family assessment instrument which is used to determine treatment needs of a youth in the context of the family and juvenile parole risk assessment which is used to predict the potential of a youth to engage in future criminal activity.

DOC 371.07 Note Note: The department intends that “aftercare” be used rather than “parole”.

DOC 371.07(3)(c) (c) The agent’s assessment and impressions of the youth’s potential for reintegration into the family and individual needs.

DOC 371.07(3)(d) (d) Recommendations for programs that a type 1 or type 2 secured correctional facility or aftercare provider may provide to meet a youth’s program and security needs, consistent with available resources.

DOC 371.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.08 DOC 371.08 Institution A&E report.

DOC 371.08(1) (1) During the A&E period, staff shall assess a youth’s background and individual program and security needs. The institution shall prepare an A&E report that includes broad program goals designed to meet the youth’s needs.

DOC 371.08(2) (2) Staff shall complete a comprehensive assessment of a youth’s background and individual program and security needs. The assessment includes completing the delinquency youth assessment instrument which determines treatment needs of the youth, and a review of available law enforcement, court and social service records, and other information regarding all of the following:

DOC 371.08(2)(a) (a) Behavior which led to the commitment.

DOC 371.08(2)(b) (b) Physically or sexually aggressive behavior.

DOC 371.08(2)(c) (c) Runaway patterns.

DOC 371.08(2)(d) (d) History of physical and sexual victimization.

DOC 371.08(2)(e) (e) History of drug and alcohol abuse.

DOC 371.08(2)(f) (f) Social history, prior placements and family, educational, vocational, medical, dental and mental health assessments.

DOC 371.08(2)(g) (g) Attitude and adjustment since admission.

DOC 371.08(2)(h) (h) Parental and community attitudes toward the youth.

DOC 371.08(3) (3) The assessment shall also be based upon discussions with the youth and the court report prepared by the agency designated under s. 938.33, Stats.

DOC 371.08(4) (4) The A&E report shall be in writing and shall include all of the following:

DOC 371.08(4)(a) (a) A description of a youth’s social, psychological, vocational, health and security needs. If a recent report provides accurate information and is available in the file, the content of the report may be incorporated by reference.

DOC 371.08(4)(b) (b) A recommendation regarding the broad program goals a youth is expected to achieve.

DOC 371.08(4)(c) (c) A recommendation to place a youth in a type 1 or type 2 institution or other program that will best meet the youth’s needs, consistent with available resources.

DOC 371.08(4)(d) (d) A description of issues relating to the protection of the public and the release of a youth, including recommendations relating to the extension or discharge of a youth’s commitment to the department.

DOC 371.08(5) (5) Staff shall complete the A&E report at least 3 days prior to the initial JPRC conference conducted under s. DOC 371.10.

DOC 371.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.09 DOC 371.09 Education evaluation report.

DOC 371.09(1) (1) Staff shall assess each youth’s educational needs during A&E.

DOC 371.09(2) (2) Staff shall prepare a written education evaluation report that shall do all of the following:

DOC 371.09(2)(a) (a) Describe and assess a youth’s prior school history, including special programs that were provided or recommended.

DOC 371.09(2)(b) (b) Report the names and results of the assessment instruments used to determine a youth’s present level of educational achievement.

DOC 371.09(2)(c) (c) Identify the primary learning styles and the most critical educational achievements and deficits of a youth.

DOC 371.09(2)(d) (d) Identify specific areas in which a youth needs transition services while in an institution or on aftercare.

DOC 371.09(2)(e) (e) Recommend an individual educational plan in compliance with federal and state statutes and regulations governing the education of youth.

DOC 371.09(3) (3) Staff shall complete the education evaluation report at least 3 days prior to the initial JPRC conference conducted under s. DOC 371.10.

DOC 371.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.10 DOC 371.10 Initial JPRC conference.

DOC 371.10(1) (1) Purpose. Within 35 days after a youth’s admission to an institution, OJOR shall conduct the initial JPRC conference to report and discuss the findings and recommendations of the A&E staff and to identify the priority program needs of the youth. OJOR shall invite all members of the JPRC, the parent of a youth under the age of 18 years or a guardian to offer additional information and to make recommendations concerning program needs.

DOC 371.10(2) (2) Notice. OJOR shall give timely notification of the conference to the members of the JPRC, the youth, the parent of a youth under the age of 18 years or a guardian. Notice shall be written and include the criteria for review, issues to be considered, notice of the opportunity to make recommendations at the conference and notice that the youth has a right to appear, unless the youth’s conduct is disruptive or the youth presents a danger to self or others.

DOC 371.10(3) (3) Procedure. The procedure for the initial JPRC conference shall include all of the following:

DOC 371.10(3)(a) (a) The OJOR representative shall act as chairperson of the conference. The JPRC shall review the assessment and evaluation report, the education evaluation report, the family and home assessment, the needs assessment prepared by the both the institution and the agent and the risk assessment prepared by the agent.

DOC 371.10(3)(b) (b) The OJOR representative shall request that the parents or guardian, if present, offer ideas and make suggestions regarding the youth’s program needs and the direction of the case plan.

DOC 371.10(3)(c) (c) The OJOR representative shall provide the youth an opportunity to appear or make a written statement, to offer ideas and suggestions concerning programming and to answer questions. If the youth is unable to participate, the institution social worker shall represent his or her interests.

DOC 371.10(3)(d) (d) The JPRC shall develop recommendations that are consistent with the goals of s. DOC 371.01 and the facts of the case relating to the delinquency adjudication, the court ordered disposition and the needs of the youth. The OJOR representative shall provide the youth and parents of a youth under the age of 18 years or guardian with a copy of the recommendations. The recommendations may relate to all of the following:

DOC 371.10(3)(d)1. 1. Placement of the youth in a type 1 or type 2 secured correctional facility or on aftercare in the youth’s home, an independent living arrangement or an alternate care facility.