Chapter DOC 373

Subchapter V — Conduct Rules Relating to Property

DOC 373.37   Counterfeiting and forgery.

DOC 373.38   Unauthorized use of or access to records.

DOC 373.39   Theft.

DOC 373.40   Property damage or alteration.

DOC 373.41   Arson.

DOC 373.42   Causing an explosion.

DOC 373.43   Creating a safety hazard.

DOC 373.44   Transfer of property or services.

Subchapter VI — Conduct Rules Relating to Contraband

DOC 373.45   Unauthorized possession of money.

DOC 373.46   Intoxicants and paraphernalia.

DOC 373.47   Weapons.

DOC 373.48   Unauthorized possession or use of tobacco or smoking materials.

DOC 373.49   Unauthorized property.

DOC 373.50   Unauthorized use of the mail.

Subchapter VII — Conduct Rules Relating to Movement

DOC 373.51   Leaving an assigned area.

DOC 373.52   Loitering.

DOC 373.53   Entry of an unauthorized room or area.

DOC 373.54   Tardiness and absence.

Subchapter VIII — Conduct Rules Relating to Safety and Health

DOC 373.55   Creating an unsanitary condition.

DOC 373.56   Misuse of medication.

DOC 373.57   Self-harm and disfigurement.

DOC 373.58   Room disorder.

DOC 373.59   Poor self-maintenance.

Subchapter IX — Miscellaneous Conduct Rules

DOC 373.60   Violation of clothing policy.

DOC 373.61   Gambling.

DOC 373.62   Violation of conditions of leave.

DOC 373.63   Failure to perform assignments.

DOC 373.64   Failure to cooperate with program.

DOC 373.65   Institution policies and procedures.

Subchapter X — Disposition of Conduct Rule Violations

DOC 373.66   Conduct rule violations: possible dispositions.

DOC 373.67   Conditions under which youth who violate conduct rules are not disciplined.

DOC 373.68   Summary disciplinary dispositions.

DOC 373.69   Conduct reports.

DOC 373.70   Review of conduct reports by the superintendent.

DOC 373.71   Notice of alleged major conduct rule violation.

DOC 373.72   Procedure when the right to a disciplinary hearing is waived.

DOC 373.73   Procedure for disciplinary hearings.

DOC 373.74   Disciplinary hearing: advocates.

DOC 373.75   Disciplinary hearing: location.

DOC 373.76   Disciplinary hearing: witnesses and notice.

DOC 373.77   Disciplinary hearing: hearing officers.

DOC 373.78   Disciplinary hearing: evidence.

DOC 373.79   Recordkeeping.

DOC 373.80   Dispositional alternatives for major conduct rule violations.

DOC 373.81   Discipline: review by superintendent.

DOC 373.82   Basic services and privileges for youth serving a major penalty.

DOC 373.83   Referral for prosecution.

DOC 373.84   Harmless error.

Ch. DOC 373 Note Note: Chapter HSS 333 as it existed on June 30, 2000 was repealed and a new Chapter DOC 373 was created, Register, June, 2000, No. 534, effective July 1, 2000.

subch. I of ch. DOC 373 Subchapter I — General Provisions

DOC 373.01 DOC 373.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 301.025 and 938.48 (16), Stats., and section 9126 (23) (e) of 1995 Act 27 to provide for rules governing the conduct of youth in type 1 secured correctional facilities operated by the department, and for the discipline of youth who violate those conduct rules. In this chapter, the department seeks to achieve all of the following:

DOC 373.01(1) (1) To provide for the degree of confinement and programming for each youth required for the protection of the public, staff and youth.

DOC 373.01(2) (2) To operate orderly institutions.

DOC 373.01(3) (3) To deter each youth from committing further delinquent acts.

DOC 373.01(4) (4) To provide a uniform disciplinary process for all institutions which enhances the constructive, individualized programming for youth by doing all of the following:

DOC 373.01(4)(a) (a) Giving each youth prior notice of all conduct rules that apply to the youth.

DOC 373.01(4)(b) (b) Describing all conduct rules in clear, unambiguous language.

DOC 373.01(4)(c) (c) Describing all forms of discipline allowable for violations of the conduct rules.

DOC 373.01(4)(d) (d) Structuring the exercise of discretion by staff in responding to youth misconduct while retaining flexibility in decision-making and preserving fairness.

DOC 373.01(4)(e) (e) Ensuring that each youth is in the appropriate setting necessary to achieve the objectives of ch. 938, Stats., and that discipline which imposes significant restriction on a youth’s liberty be imposed only by staff designated by the superintendent to ensure fair, appropriate and consistent decision-making.

DOC 373.01(4)(f) (f) Provide for routine review of the restrictions placed on a youth to assure that the restrictions are appropriately based on the seriousness of violations by the youth; the youth’s subsequent behavior; and the risk posed by the youth to self, others or institution security.

DOC 373.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.02 DOC 373.02 Applicability. This chapter applies to the department and all youth who are under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

DOC 373.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.03 DOC 373.03 Definitions. In this chapter:

DOC 373.03(1) (1) “Administrator” means the administrator of the division or that person’s designee.

DOC 373.03(2) (2) “Authorized” means any of the following:

DOC 373.03(2)(a) (a) Permitted under department rules.

DOC 373.03(2)(b) (b) Permitted under posted policies and procedures.

DOC 373.03(2)(c) (c) Permitted by staff.

DOC 373.03(3) (3) “Close confinement” means restriction of a youth to the youth’s assigned room with a minimum of one hour out-of-room time per day.

DOC 373.03(4) (4) “Conduct report” means a written report prepared by staff which describes facts relating to an alleged violation of a conduct rule by a youth.

DOC 373.03(5) (5) “Consent” means words or overt actions by a competent person indicating a freely given agreement.

DOC 373.03(6) (6) “Contraband” means any of the following:

DOC 373.03(6)(a) (a) Any item which subch. VI prohibits a youth from possessing.

DOC 373.03(6)(b) (b) Any item which is not state property and is on the institution grounds, but not in the possession of any person or in an approved location.

DOC 373.03(6)(c) (c) Stolen property.

DOC 373.03(6)(d) (d) Any item that is not on a youth’s property list and is required to be.

DOC 373.03(6)(e) (e) Any item of a type that is not allowed according to posted policies and procedures.

DOC 373.03(6)(f) (f) Allowable items in excess of the quantity allowed according to posted policies and procedures.

DOC 373.03(6)(g) (g) Items in the possession of a youth that do not belong to the youth, except for state property issued to the youth for personal use.

DOC 373.03(6)(h) (h) Anything used as evidence in a disciplinary hearing that is deemed to be contraband by the hearing officer.