Wisconsin Legislature: DOC 371.06

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

(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.

(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.

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 Purpose and duration of A&E.

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

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

(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.

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

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

(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.

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

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

(h) To answer a youth’s questions.

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

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

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

DOC 371.05 Orientation during A&E.

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

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

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

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

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

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

(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.

(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.

(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.

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

DOC 371.06 Evaluation during A&E.

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

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

(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.

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

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

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

DOC 371.07 Family and home assessment.

(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.

(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.

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

(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.

(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.

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

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

(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.

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

DOC 371.08 Institution A&E report.

(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.

(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:

(a) Behavior which led to the commitment.

(b) Physically or sexually aggressive behavior.

(d) History of physical and sexual victimization.

(e) History of drug and alcohol abuse.

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

(g) Attitude and adjustment since admission.

(h) Parental and community attitudes toward the youth.

(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.

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

(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.

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

(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.

(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.

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

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

DOC 371.09 Education evaluation report.

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

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

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

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

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

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

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

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

DOC 371.10 Initial JPRC conference.

(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.

(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.

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

(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.

(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.

(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.

(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:

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.

2. Discharge from supervision.

3. Whether a recommendation shall be made to the court concerning extension of the dispositional order.

4. Broad program goals that address needs identified during the A&E process.

(4) Individual case plans.