Chapter DOC 371

DOC 371.13(6) (6) Consistent with s. 48.366 (5) (c), Stats., a youth has a right to file a petition once a year with the court on his or her own behalf, requesting release to aftercare.

DOC 371.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.14 DOC 371.14 Waived youth and original adult court jurisdiction youth.

DOC 371.14(1) (1) This section applies to youth who are convicted of a criminal offense in adult court under s. 938.18 or 938.183, Stats., and sentenced to the Wisconsin state prisons.

DOC 371.14(2) (2) The sentence structure for a youth subject to original adult court jurisdiction shall be computed in accordance with ch. DOC 302. Youth are subject to the provisions of chs. PAC 1, DOC 328 and 331 regarding aftercare.

DOC 371.14 Note Note: The term used in chs. PAC 1, DOC 328 and 331 is parole not aftercare.

DOC 371.14(3) (3) Staff shall conduct case planning for a youth sentenced by the adult court in accordance with this chapter with the following exceptions:

DOC 371.14(3)(a) (a) A family and home assessment shall not be prepared and an agent shall not be assigned.

DOC 371.14(3)(b) (b) The parole commission under ch. 304, Stats., has the responsibility for parole decisions.

DOC 371.14(4) (4) The department may transfer a youth to an adult correctional institution consistent with the requirements of law and s. DOC 371.11 (3).

DOC 371.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 371.15 DOC 371.15 Aftercare and administrative transfer of a youth.

DOC 371.15(1) (1) Placement authority. OJOR shall determine when to place a youth on aftercare from a type 1 or type 2 secured correctional facility or to administratively transfer a youth from a type 1 secured correctional facility to a type 2 secured correctional facility.

DOC 371.15(2) (2) Termination authority. The administrator or his or her designee shall determine whether a youth should be terminated from a type 2 secured correctional facility, consistent with s. DOC 396.12. A department order shall be signed to administratively transfer a youth from a type 2 secured correctional facility to reception at a type 1 secured correctional facility.

DOC 371.15(3) (3) Recommendation. The committing county, superintendent or agent may recommend to OJOR, consistent with s. DOC 371.12 (3) that a youth be placed on aftercare or transferred at any time. The aftercare case plan under s. DOC 371.16 is not required to make an aftercare decision, but shall be considered if available.

DOC 371.15(4) (4) Procedures. OJOR shall use the review procedures in s. DOC 371.12 to review recommendations under sub. (3). When OJOR considers a recommendation for aftercare or transfer at an informal review or any unscheduled time, OJOR shall consult with members of JPRC regarding the appropriateness of aftercare, transfer, placement category or conditions of aftercare or transfer.

DOC 371.15(5) (5) Decision.

DOC 371.15(5)(a) (a) OJOR shall determine whether a youth is eligible for aftercare or transfer and designate a placement category. OJOR may impose conditions on aftercare or transfer.

DOC 371.15(5)(b) (b) OJOR shall make decisions regarding aftercare, transfer, placement category and conditions in writing and shall forward a copy of the decision to the youth, parents of a youth under the age of 18 years or legal guardian and all members of the JPRC within 7 days after completion of the procedure under sub. (4).

DOC 371.15(6) (6) Request for review. JPRC members may submit a written request for review by the administrator to the OJOR director regarding a decision under sub. (4) within 7 days of the day the decision is issued. The administrator shall consult with the OJOR director and issue a final decision in writing within 7 days of receipt of the request by the OJOR director. OJOR shall forward copies of the decision to the party requesting review. Failure of the administrator to issue a decision within 7 days confirms the decision made by OJOR.

DOC 371.15(7) (7) Implementation. When OJOR determines that a youth is eligible for aftercare or transfer and designates a placement category or imposes other conditions on the action, OJOR shall notify the institution social worker and the agent who are responsible for implementing the order.

DOC 371.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.16 DOC 371.16 Aftercare case plan.

DOC 371.16(1) (1) Time limits.

DOC 371.16(1)(a) (a) The agent shall write an aftercare case plan and submit the plan to members of the JPRC 120 days after the date on which the youth is placed in an institution or a secured child caring institution or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier.

DOC 371.16(1)(b) (b) The department may waive the time limits of par. (a) if one of the following conditions exist:

DOC 371.16(1)(b)1. 1. The department anticipates that the youth will remain in an institution or secured child caring institution for a period exceeding 8 months.

DOC 371.16(1)(b)2. 2. The youth is subject to extended jurisdiction under s. 48.366, Stats.

DOC 371.16(1)(b)3. 3. The youth is subject to an adult court criminal sentence.

DOC 371.16(1)(c) (c) If the department waives time limits under par. (b), the agent shall prepare the aftercare case plan within 30 days after the date on which the department requests the aftercare case plan.

DOC 371.16(2) (2) Contents of the aftercare individual case plan. The agent shall base a aftercare case plan upon the institution program goals, the youth’s progress, a current assessment of the youth’s needs and an assessment of the potential for future delinquent or criminal activity. The agent shall consider the completed juvenile classification instruments when writing the aftercare case plan. The aftercare case plan shall include all of the following:

DOC 371.16(2)(a) (a) The minimum number of contacts with the youth’s agent upon initial release.

DOC 371.16(2)(b) (b) The conditions under which a youth’s aftercare status may be revoked.

DOC 371.16(2)(c) (c) The services or programming to be provided to the youth while on aftercare.

DOC 371.16(2)(d) (d) The estimated length of time a youth will need aftercare supervision and services.

DOC 371.16(2)(e) (e) A recommendation for placement upon release and the rationale for that placement.

DOC 371.16(2)(f) (f) An assessment of the youth’s home.

DOC 371.16(2)(g) (g) An educational or vocational plan and employment goals.

DOC 371.16(2)(h) (h) If appropriate, a proposal to seek an extension of a youth’s dispositional order to provide for the care and programming needs of the youth and the protection of the public.

DOC 371.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.17 DOC 371.17 Permanency planning. Staff shall accomplish permanency planning under s. 938.38, Stats., consistent with the requirements of ch. HFS 44.

DOC 371.17 Note Note: There is no ch. HFS 44.

DOC 371.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.18 DOC 371.18 Aftercare orientation and final aftercare individual case plan.

DOC 371.18(1) (1) A youth’s agent may update or modify the aftercare case plan within 21 days after a youth’s release to the community. The agent shall distribute copies of the aftercare case plan to OJOR, the institution social worker, county worker, youth, parent of a youth under the age of 18 years, or legal guardian.

DOC 371.18(2) (2) The institution social worker shall coordinate a youth’s release to aftercare.

DOC 371.18(3) (3) If a youth is placed in an alternate care placement, the youth’s agent shall notify the parent, if the youth is under 18 years of age, or the legal guardian of the placement name and address and the date of the youth’s arrival as soon as the information is known.

DOC 371.18(4) (4) Youth shall sign the rules of supervision prior to release from an institution and a youth’s agent shall provide a copy to the alternate care placement, and to the parent of a youth under the age of 18 years or legal guardian.

DOC 371.18(5) (5) Youth with special language or developmental needs shall have rules of supervision communicated to them in accordance with their particular needs.

DOC 371.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.19 DOC 371.19 Periodic aftercare progress review.

DOC 371.19(1) (1) Purpose. The agent shall meet with a youth and review the youth’s progress toward meeting aftercare case plan goals at least once every 90 days following the youth’s release to aftercare.

DOC 371.19(2) (2) Progress summary. After the review, the agent shall write a summary describing the youth’s progress meeting specific goals, any relevant change in available resources, any proposed modifications of or additions to the plans, including recommendations for extension or discharge and the reasons for any proposed change in the plan. The agent shall include the summary in the youth’s supervision file as part of the chronological notes and copies shall be distributed to all JPRC members as well as the parent, if the youth is under 18 years of age, or guardian.

DOC 371.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.20 DOC 371.20 Discharge of a youth.

DOC 371.20(1) (1) Youth in an institution.

DOC 371.20(1)(a) (a) Any JPRC member may recommend a discharge of a youth from supervision under s. 938.53, Stats., by using a request for review form under s. DOC 371.12 (3).

DOC 371.20(1)(b) (b) OJOR shall consult with the JPRC members prior to recommending discharge to the administrator.

DOC 371.20(1)(c) (c) OJOR shall follow the procedures under s. DOC 371.13 (5) for youth committed under extended jurisdiction.

DOC 371.20(1)(d) (d) A JPRC member may request a review by the administrator of an OJOR recommendation to discharge a youth. The administrator shall make the final decision.

DOC 371.20(2) (2) Extended jurisdiction. The administrator lacks legal authority to discharge a youth under extended jurisdiction from supervision.

DOC 371.20(3) (3) Serious juvenile offenders. The administrator may discharge a youth from the serious juvenile offender program and from departmental supervision and control at any time after the youth has completed 3 years of participation in the program in accordance with s. 938.538 (5) (b), Stats.

DOC 371.20(4) (4) Youth on aftercare. A youth’s agent may recommend to a supervisor that a youth be discharged from supervision. The supervisor may recommend discharge to the administrator.

DOC 371.20 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 371.21 DOC 371.21 Type 2 secured correctional facility.

DOC 371.21(1) (1) This section applies to youth placed with the department for participation in the serious juvenile offender program by the court under s. 938.34 (4h), Stats., youth in the corrective sanctions program and youth transferred by the department to a type 2 secured correctional facility operated by a child welfare agency.

DOC 371.21(2) (2) The division shall provide an individual case plan for each youth transferred to a type 2 secured correctional facility.

DOC 371.21(3) (3) At least once every 90 days following a youth’s placement in a type 2 secured correctional facility, the youth’s agent shall write a report summarizing the youth’s progress in the program. The report shall address any changes in the case plan and may include recommendations regarding continuation in the program, aftercare or discharge. The agent shall forward copies of the progress summary to the members of the JPRC, the youth and the youth’s parent, if the youth is under the age of 18 years, or guardian.

DOC 371.21(4) (4) 

DOC 371.21(4)(a) (a) When a youth in the serious juvenile offender program is placed in a type 2 secured correctional facility, the administrator makes recommendations to OJOR regarding release to aftercare under s. 938.538 (5) (a), Stats.

DOC 371.21 Note Note: It is the intent of the department to allow any staff to make a recommendation.

DOC 371.21(4)(b) (b) When a youth is in a type 2 secured correctional facility placement, OJOR may decide to place a youth, except for youth under par. (a), on aftercare.

DOC 371.21 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.