Chapter DOC 373

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 DOC 373 Note Note: Chapter HSS 333 as it existed on June 30, 2000 was repealed and a new Chapter DOC 373 was created, Register, June, 2000, No. 534, effective July 1, 2000.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

DOC 373.03(7) (7) “Day” means a calendar day.

DOC 373.03(8) (8) “Department” means the department of corrections.

DOC 373.03(9) (9) “Disturbance” means a serious disruption to institution order or security by 2 or more youth.

DOC 373.03(10) (10) “Division” means the department’s division of juvenile corrections.

DOC 373.03(11) (11) “Harass” means to annoy or irritate repeatedly.

DOC 373.03(12) (12) “Hearing officer” means a staff member designated by the superintendent to conduct disciplinary hearings and perform other functions under this chapter.

DOC 373.03(13) (13) “Institution” means a type 1 secured correctional facility operated by the department.

DOC 373.03(14) (14) “Intentionally” means that a youth had a purpose to carry out an act or cause the result specified, or believed that the act, if successful, would cause the result specified.

DOC 373.03(15) (15) “Intimate part” means anus, groin, penis, testicles, buttocks, pubic or vaginal area or breast.

DOC 373.03(16) (16) “Knowingly” means only that it is reasonable to conclude that a youth believes that a specified fact exists.

DOC 373.03(17) (17) “Major conduct rule violation” means a violation of conduct rules for which a major penalty may be imposed.

DOC 373.03(18) (18) “Major penalty” means a disposition under s. DOC 373.80 (3).

DOC 373.03(19) (19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

DOC 373.03(20) (20) “Minor conduct rule violation” means any violation of a conduct rule which is not a major conduct rule violation and for which a minor penalty may be imposed.

DOC 373.03(21) (21) “Minor penalty” means a disposition under s. DOC 373.68.

DOC 373.03(22) (22) “Modified confinement” means restriction of a youth to the youth’s assigned room with a minimum of 4 hours of out-of-room time per day.

DOC 373.03(23) (23) “Negligently” means that a youth did an act or failed to do an act and thereby failed to exercise that degree of care appropriate for the circumstances.

DOC 373.03(24) (24) “Recklessly” means that a youth did an act or failed to do an act and thereby created an unreasonable risk that another might be injured. The act or failure to act shall demonstrate both a conscious disregard for the safety of another and a willingness to take known chances of perpetrating an injury.

DOC 373.03(25) (25) “Staff” means a state employee of the institution where a youth is housed.

DOC 373.03(26) (26) “Superintendent” means the superintendent of an institution or designee.

DOC 373.03(27) (27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

DOC 373.03(28) (28) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 373.03(29) (29) “Youth” means a person or persons supervised by the department in an institution consistent with the requirements of law and regardless of age.

DOC 373.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.04 DOC 373.04 Responsibilities of youth. Youth placed under department supervision have the opportunity to learn and to demonstrate constructive values and behaviors. By conducting themselves according to the rules and policies of the institution, youth will not only avoid the consequences of misconduct as outlined in this chapter, but will also earn a progressively greater degree of independence during the time of institutional placement. Youth shall do all of the following:

DOC 373.04(1) (1) Allow others to have privacy.

DOC 373.04(2) (2) Respect the property of others.

DOC 373.04(3) (3) Refrain from physically or verbally abusing, exploiting or otherwise harming other youth, staff, or any other person.

DOC 373.04(4) (4) Accept adult guidance, support and supervision.

DOC 373.04(5) (5) Know the rules of the institution and ask questions of staff if unsure of the meaning of a rule.

DOC 373.04(6) (6) Be supportive of efforts by other youth to involve themselves in individual programs and assist others in their efforts to obey institution rules.

DOC 373.04(7) (7) Respect the race, gender, age, disabilities, religious background, and culture of other persons.

DOC 373.04(8) (8) Participate in major decision-making affecting the youth’s life.

DOC 373.04(9) (9) Carry out the youth’s part of the individual case plan.

DOC 373.04(10) (10) Use the complaint procedures to address problems that cannot be handled on an informal basis.

DOC 373.04(11) (11) Maintain good personal hygiene and strive to maintain good health.

DOC 373.04(12) (12) Participate in an active, positive manner in the assigned program.

DOC 373.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (7) Register June 2020 No. 774, eff. 7-1-20.

DOC 373.05 DOC 373.05 Conduct rules. Conduct rules define prohibited youth conduct and are described under ss. DOC 373.14 to 373.65. The conduct rules apply to each youth at all times while assigned to the supervision of an institution, regardless of where the violation was committed or attempted.

DOC 373.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.06 DOC 373.06 Conduct rule violations.

DOC 373.06(1) (1) A youth may not violate conduct rules.

DOC 373.06(2) (2) Violations of the conduct rules shall be resolved in accordance with this chapter.

DOC 373.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.07 DOC 373.07 Attempted violation of conduct rules.

DOC 373.07(1) (1) A youth is guilty of an attempt to violate a conduct rule if all of the following are true:

DOC 373.07(1)(a) (a) The youth intended to do something that would have been a conduct rule violation.

DOC 373.07(1)(b) (b) The youth committed an act that demonstrated intent to violate a conduct rule.

DOC 373.07(2) (2) The penalty for an attempt to violate a conduct rule is the same as the penalty for violating that conduct rule.

DOC 373.07(3) (3) A youth may be charged with both a substantive conduct rule violation and with an attempt to commit that conduct rule violation, based on the same incident, but may be found guilty of only one.