Chapter DOC 373

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.

DOC 373.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.08 DOC 373.08 Aiding, abetting or knowing of conduct rule violations.

DOC 373.08(1) (1) A youth is guilty of aiding and abetting a conduct rule violation if the youth intentionally does any of the following:

DOC 373.08(1)(a) (a) Encourages, directs, commands, hires, coerces, requests or signals another youth to commit a conduct rule violation.

DOC 373.08(1)(b) (b) Assists another person, prior to a conduct rule violation, in planning or preparing for committing a conduct rule violation, with intent that the conduct rule violation be committed.

DOC 373.08(1)(c) (c) Assists another person during commission of a conduct rule violation, whether or not this assistance was planned in advance.

DOC 373.08(1)(d) (d) Destroys evidence of a conduct rule violation committed by another person or otherwise helps to prevent discovery of a conduct rule violation or of the person who committed the violation.

DOC 373.08(2) (2) If a youth knows of a plan to commit a conduct rule violation or knows of the commission of a conduct rule violation, failure of the youth to report the plan or commission is a conduct rule violation.

DOC 373.08(3) (3) A youth may be charged with both a substantive conduct rule violation and aiding and abetting or knowing of that conduct rule violation, based on the same incident, but may be found guilty of only one.

DOC 373.08(4) (4) A youth may be charged and found guilty of aiding and abetting or knowing of a conduct rule violation even if no one is charged or found guilty of committing the conduct rule violation.

DOC 373.08(5) (5) The penalty for aiding and abetting or knowing of a conduct rule violation shall normally be the same as for the substantive conduct rule violation.

DOC 373.08(6) (6) The penalty for a youth who aids and abets or knows of a conduct rule violation need not be based in any way on the penalty, if any, for the youth who actually committed the conduct rule violation.

DOC 373.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.09 DOC 373.09 Defenses. The following, if established by a youth by a preponderance of the evidence are complete defenses to alleged violations of the conduct rules under this chapter:

DOC 373.09(1) (1) Mental incapacity. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.

DOC 373.09(2) (2) Involuntary intoxication. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.

DOC 373.09(3) (3) Mistake. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.

DOC 373.09(4) (4) Self-Defense. A youth may use the minimum amount of force necessary to prevent death or bodily injury to self or in defending a third person. A youth may not continue to exercise self-defense after an order by staff to stop. In determining whether the minimum force was used in exercising self-defense, staff shall consider:

DOC 373.09(4)(a) (a) Whether the aggressor used a weapon.

DOC 373.09(4)(b) (b) The size of the youth invoking a self-defense claim in relation to the size of the aggressor.

DOC 373.09(4)(c) (c) The opportunity of the youth who claims self-defense to flee or to obtain assistance from staff.

DOC 373.09(4)(d) (d) Whether staff were nearby.

DOC 373.09(5) (5) Orders. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.

DOC 373.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.10 DOC 373.10 Youth access to conduct rules.

DOC 373.10(1) (1) The superintendent shall provide youth with an orientation to department conduct rules as part of the assessment and evaluation of youth under s. DOC 371.05 (1) (d).

DOC 373.10(2) (2) The superintendent shall provide a youth with a written copy of the conduct rules.

DOC 373.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 373.11 DOC 373.11 Major and minor penalties and conduct rule violations.

DOC 373.11(1) (1) Any minor penalty may be imposed for a conduct rule violation for which a major penalty may be imposed.

DOC 373.11(2) (2) Restitution may be imposed in addition to or in lieu of any major penalty.

DOC 373.11(3) (3) Except for a conduct rule violation listed under sub. (4) or covered by sub. (6), a conduct rule violation is neither a major nor a minor conduct rule violation until a supervisor classifies it as major or minor using the criteria under sub. (5).

DOC 373.11(4) (4) All of the following are classified as major conduct rule violations:

DOC 373.11(4)(a) (a) Section DOC 373.14 Causing the death of another

DOC 373.11(4)(b) (b) Section DOC 373.15 Sexual intercourse

DOC 373.11(4)(c) (c) Section DOC 373.16 Sexual contact

DOC 373.11(4)(d) (d) Section DOC 373.17 Restraint of another

DOC 373.11(4)(e) (e) Section DOC 373.18 Fighting

DOC 373.11(4)(f) (f) Section DOC 373.19 Battery

DOC 373.11(4)(g) (g) Section DOC 373.21 Inciting a disturbance

DOC 373.11(4)(h) (h) Section DOC 373.22 Participating in a disturbance

DOC 373.11(4)(i) (i) Section DOC 373.26 Escape

DOC 373.11(4)(j) (j) Section DOC 373.28 Obstruction

DOC 373.11(4)(k) (k) Section DOC 373.41 Arson

DOC 373.11(4)(L) (L) Section DOC 373.42 Causing an explosion

DOC 373.11(4)(m) (m) Section DOC 373.46 Intoxicants and paraphernalia

DOC 373.11(4)(n) (n) Section DOC 373.47 Weapons

DOC 373.11(4)(o) (o) Section DOC 373.56 Misuse of medication

DOC 373.11(4)(p) (p) Section DOC 373.57 Self-harm and disfigurement

DOC 373.11(4)(q) (q) Section DOC 373.62 Violation of conditions of leave

DOC 373.11(4)(r) (r) An attempted violation of a conduct rule listed in this subsection

DOC 373.11(5) (5) An alleged violation of any section of this chapter other than those listed in sub. (4) or covered by sub. (6) may be treated as a major conduct rule violation. If the conduct rule violation has not been disposed of summarily in accordance with s. DOC 373.68, a supervisor shall decide whether the alleged violation shall be treated as a major conduct rule violation. In deciding whether an alleged violation should be treated as a major conduct rule violation, the supervisor shall consider all of the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:

DOC 373.11(5)(a) (a) Whether the youth has previously been found guilty of the same or a similar conduct rule violation, how often a finding of guilt has been established, and how recently.

DOC 373.11(5)(b) (b) Whether the youth has recently been warned about the same or similar conduct.

DOC 373.11(5)(c) (c) Whether the alleged violation created a risk of serious disruption at the institution or in the community.

DOC 373.11(5)(d) (d) Whether the alleged violation created a risk of serious injury to another person.

DOC 373.11(5)(e) (e) The value of the property involved, if the alleged violation was actual or attempted damage to property, misuse of property, possession of money, gambling, unauthorized transfer of property, soliciting staff or theft.

DOC 373.11(6) (6) Any conduct report containing at least one charge of a major conduct rule violation shall be processed as a major conduct rule violation, which may result in a major penalty, even if the conduct report also includes minor conduct rule violations.

DOC 373.11(7) (7) If a youth commits a conduct rule violation during the course of a visit, the hearing officer may suspend visiting privileges as a disposition, under s. DOC 379.07 (9) (b).

DOC 373.11(8) (8) If a conduct rule violation occurred as a result of misuse of the mail, the hearing officer may suspend mail privileges as a disposition, under s. DOC 379.04 (6).

DOC 373.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.12 DOC 373.12 Lesser-included conduct rule violations. Certain prohibited acts have lesser-included acts associated with them. A youth alleged to have violated a conduct rule is also considered to have allegedly violated a lesser-included conduct rule. No youth may be found to have committed both an act and its lesser-included act based upon the same incident. Table 373-A lists the lesser-included conduct rule violations of each conduct rule violation.

DOC 373.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.13 DOC 373.13 Prehearing security.

DOC 373.13(1) (1) A youth may be placed in prehearing security if a supervisor has a reasonable belief that one or more of the following is true:

DOC 373.13(1)(a) (a) If the youth remains in the general population, there will be a significant physical or psychological danger to the youth or another person.

DOC 373.13(1)(b) (b) If the youth remains in the general population, the youth will seek to intimidate a witness in any pending investigation.

DOC 373.13(1)(c) (c) If the youth remains in the general population, the youth will encourage other youths by example, expressly, or by the youth’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation.

DOC 373.13(1)(d) (d) If the youth remains in the general population, the youth will create a significant danger to property.

DOC 373.13(1)(e) (e) If the youth remains in the general population there is a significant risk of escape.

DOC 373.13(1)(f) (f) If the youth remains in the general population, an investigation will thereby be inhibited.

DOC 373.13(1)(g) (g) If the youth remains in the general population, a significant risk to institution security will be created.

DOC 373.13(2) (2) When a youth is placed in prehearing security under sub. (1), a supervisor shall inform the youth in writing within 48 hours of the placement of the reason for the placement and the person who has authorized the placement.

DOC 373.13(3) (3) The superintendent shall review the placement decision under sub. (1) within 48 hours of the placement, excluding weekends and legal holidays, to determine whether a youth still needs to be in prehearing security consistent with this section.

DOC 373.13(4) (4) No youth may remain in prehearing security pending investigation longer than 7 days without being served an approved conduct report and without receiving the notice in s. DOC 373.71.

DOC 373.13(5) (5) No youth may remain in prehearing security pending a hearing longer than 21 days. The superintendent shall review the status of each youth in prehearing security at least every 7 days to determine whether confinement continues to be appropriate. If upon review it is determined that confinement is not appropriate, the youth shall be released from prehearing security immediately.

DOC 373.13(6) (6) A youth shall be placed in an appropriate setting to achieve the objectives of this section. A youth’s own room may be used for prehearing security.

DOC 373.13(7) (7) A youth may be required to wear mechanical restraints while outside of the living quarters if the superintendent determines that the use of mechanical restraints is necessary to protect staff, other youth or other persons, or to maintain the security of the institution.

DOC 373.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. II of ch. DOC 373 Subchapter II — Conduct Rules Relating to Bodily Security

DOC 373.14 DOC 373.14 Causing the death of another. A youth may not intentionally, negligently or recklessly cause the death of another person.

DOC 373.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.15 DOC 373.15 Sexual intercourse.

DOC 373.15(1) (1) In this section, “sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration, however slight, by any part of the body or an object into the anus or vagina of another person.

DOC 373.15(2) (2) A youth may not engage in sexual intercourse.

DOC 373.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.