Chapter DOC 373

DOC 373.54 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. VIII of ch. DOC 373 Subchapter VIII — Conduct Rules Relating to Safety and Health

DOC 373.55 DOC 373.55 Creating an unsanitary condition.

DOC 373.55(1) (1) In this section, bodily fluids or secretions include saliva, blood, feces, semen, urine and vomit.

DOC 373.55(2) (2) A youth may not intentionally throw, expel, or otherwise cause the youth’s own bodily secretions or fluids, or the secretions or fluids of another youth to come into contact with another person.

DOC 373.55(3) (3) A youth may not recklessly or negligently dispose of the youth’s own bodily secretions or fluids, or the secretions or fluids of another youth.

DOC 373.55 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.56 DOC 373.56 Misuse of medication.

DOC 373.56(1) (1) A youth may not possess or take medication except as properly prescribed for the youth, and in the amount and manner authorized.

DOC 373.56(2) (2) A youth may not distribute any medications, including over-the-counter medications, to another youth.

DOC 373.56 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.57 DOC 373.57 Self-harm and disfigurement.

DOC 373.57(1) (1) A youth may not cause injury, physical pain, illness or any impairment of physical condition to self.

DOC 373.57(2) (2) A youth may not cut, pierce, remove, mutilate, discolor or tattoo any part of the youth’s own body or the body of another person.

DOC 373.57 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.58 DOC 373.58 Room disorder.

DOC 373.58(1) (1) Each institution or residential area of an institution shall adopt and post specific policies and procedures regulating the organization, neatness and cleanliness of youth living quarters.

DOC 373.58(2) (2) A youth may not violate institution policies and procedures regarding organization, neatness and cleanliness of a youth’s living quarters.

DOC 373.58 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.59 DOC 373.59 Poor self-maintenance.

DOC 373.59(1) (1) A youth may not fail to follow institution standards or directives regarding personal cleanliness or grooming when the youth has been informed by staff that he or she does not meet the standards or directives.

DOC 373.59(2) (2) A youth may not fail to shower at least every 7 days or more frequently if required by the institution.

DOC 373.59(3) (3) A youth performing a work assignment may be required to maintain suitably cut hair or to wear protective headgear or a net.

DOC 373.59 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. IX of ch. DOC 373 Subchapter IX — Miscellaneous Conduct Rules

DOC 373.60 DOC 373.60 Violation of clothing policy. Each institution shall post specific policies and procedures describing the clothing to be issued to youths, how clothing shall be worn, and when it shall be worn. A youth may not violate the institution policies and procedures regarding clothing.

DOC 373.60 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.61 DOC 373.61 Gambling. A youth may not wager money, services or anything else of value on the outcome of all or any part of a game of skill or chance, an athletic contest, the outcome of any event, or anything else.

DOC 373.61 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.62 DOC 373.62 Violation of conditions of leave.

DOC 373.62(1) (1) Each institution shall post specific policies and procedures regarding conditions imposed on an authorized leave. Institutions may solicit the views of appropriate community representatives prior to adoption of the specific policies and procedures.

DOC 373.62(2) (2) A youth may not violate the institution’s policies and procedures relating to authorized leave.

DOC 373.62 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.63 DOC 373.63 Failure to perform assignments. A youth may not refuse to perform assignments.

DOC 373.63 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.64 DOC 373.64 Failure to cooperate with program. In this section, “fail to cooperate” includes, but is not limited to, failure of a youth to work appropriately toward completion of case plan objectives or program goals or to respond appropriately to any discipline imposed. A youth may not intentionally fail to cooperate with an assigned program.

DOC 373.64 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.65 DOC 373.65 Institution policies and procedures.

DOC 373.65(1) (1) Each institution shall make specific policies and procedures relating to talking, clothing, movement within the institution, conditions of leave from the institution, personal property, personal hygiene and conditions of living quarters. These policies and procedures shall be consistent with the purposes stated in s. 938.01, Stats., and the goals of youth corrections in s. DOC 371.01 (2). No institution policy or procedure may conflict with any provision of this chapter or be stricter than any provision of this chapter.

DOC 373.65(2) (2) The institution may solicit the views of youth prior to the adoption of an institution policy or procedure.

DOC 373.65(3) (3) Discipline may be imposed for violation of an institution policy or procedure only if at least one of the following apply:

DOC 373.65(3)(a) (a) The policy or procedure was posted on an institution bulletin board or in an institution handbook and a youth had actual knowledge of the institution policy or procedure at the time of the violation.

DOC 373.65(3)(b) (b) There is a violation of an institution policy or procedure in an institution handbook or other document that was received by a youth, in which case the youth is presumed to have knowledge of the policy or procedure in the absence of a preponderance of evidence to the contrary.

DOC 373.65(4) (4) Each institution shall maintain at least one bulletin board for bulletins of general applicability. Bulletin boards shall be located so that every youth has an opportunity to read all bulletins that apply to youth. Bulletins that are no longer in effect shall be removed from the bulletin board.

DOC 373.65(5) (5) A handbook of all current policy and procedure bulletins under sub. (1) shall be maintained at the institution and be readily accessible to youth.

DOC 373.65 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. X of ch. DOC 373 Subchapter X — Disposition of Conduct Rule Violations

DOC 373.66 DOC 373.66 Conduct rule violations: possible dispositions. The conduct rule violations described in ss. DOC 373.14 to 373.65 may be dealt with by staff only in the following ways:

DOC 373.66(1) (1) If a conduct rule violation is a minor conduct rule violation, a conduct report may not be written, but a youth may be counseled and warned, consistent with s. DOC 373.67 or disciplined summarily, consistent with s. DOC 373.68.

DOC 373.66(2) (2) A major conduct rule violation shall be referred to the superintendent in writing by a conduct report under s. DOC 373.69. Violations referred to the superintendent may be dealt with as follows:

DOC 373.66(2)(a) (a) The superintendent may dismiss, alter or correct the conduct report consistent with s. DOC 373.70.

DOC 373.66(2)(b) (b) If the superintendent determines that a violation should be treated as a minor conduct rule violation, the superintendent shall refer the matter to appropriate staff to be disposed of in accordance with s. DOC 373.68.

DOC 373.66(2)(c) (c) If the violation is a major conduct rule violation, the superintendent shall refer the matter to a hearing officer to be disposed of in accordance with this subchapter.

DOC 373.66(3) (3) Violations of the criminal law may be referred under s. DOC 373.83 to law enforcement authorities for prosecution.

DOC 373.66 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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

DOC 373.67(1) (1) Staff may write conduct reports only for major conduct rule violations under s. DOC 373.11 (4) or violations of conduct rules which they believe are major conduct rule violations under s. DOC 373.11 (5). Under any of the following conditions, staff may inform a youth about conduct that violates a conduct rule, discuss that conduct and give a warning:

DOC 373.67(1)(a) (a) The youth is unfamiliar with the conduct rule.

DOC 373.67(1)(b) (b) The youth has not violated the same or a closely related rule recently, whether or not discipline was imposed.

DOC 373.67(1)(c) (c) The youth is unlikely to repeat the conduct rule violation if warned and counseled.

DOC 373.67(1)(d) (d) Although the youth technically violated a conduct rule, the purpose of this chapter would not be served by disciplining a youth in the particular situation.

DOC 373.67(2) (2) No record or official report of a disposition under sub. (1) is required.

DOC 373.67(3) (3) The superintendent may overrule a determination that a violation has occurred. The decision by the superintendent to overrule or not overrule is not reviewable by a hearing officer.

DOC 373.67(4) (4) A major conduct rule violation listed under s. DOC 373.11 (4) may not be disposed of in accordance with this section. Staff shall write a conduct report when a major conduct rule violation under s. DOC 373.11 (4) occurs.

DOC 373.67 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.68 DOC 373.68 Summary disciplinary dispositions.

DOC 373.68(1) (1) A youth may be disciplined summarily for a minor conduct rule violation in accordance with this chapter. When a youth is disciplined summarily under this section, staff shall make an appropriate record.

DOC 373.68(2) (2) When staff who have the responsibility for supervising a youth believe that a penalty listed in sub. (3) is appropriate, staff shall do all of the following:

DOC 373.68(2)(a) (a) Inform the youth of the nature of the alleged infraction and the potential disposition.

DOC 373.68(2)(b) (b) Obtain the youth’s version of the underlying facts.

DOC 373.68(2)(c) (c) Make a finding as to whether the youth violated a conduct rule, communicate this finding to the youth and impose discipline consisting of one or more of the disciplinary actions under sub. (3).

DOC 373.68(3) (3) Discipline imposed by staff under this section shall be limited to one or more of the following disciplinary actions:

DOC 373.68(3)(a) (a) An oral or written reprimand.

DOC 373.68(3)(b) (b) Room confinement for a maximum of 5 hours. Room confinement may not be served during mandatory program periods.

DOC 373.68(3)(c) (c) Exclusion from the youth’s room for a maximum of 5 hours.

DOC 373.68(3)(d) (d) Loss of a specific privilege for up to one week or loss of participation in a special event.

DOC 373.68(3)(e) (e) A disposition, which may include:

DOC 373.68(3)(e)1. 1. Counseling and a warning.

DOC 373.68(3)(e)2. 2. Extra duty related to the misconduct.

DOC 373.68(3)(e)3. 3. Apology for the misconduct.

DOC 373.68(3)(e)4. 4. Monetary restitution.

DOC 373.68(3)(e)5. 5. A period of positive behavior.

DOC 373.68(4) (4) A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff, reduce the discipline or write a conduct report if it is determined that the violation was a major conduct rule violation. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.

DOC 373.68(5) (5) A youth has no right to be present at the supervisor’s review.

DOC 373.68(6) (6) Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.

DOC 373.68(7) (7) A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81.

DOC 373.68(8) (8) The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth’s official records.

DOC 373.68(9) (9) Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.

DOC 373.68(10) (10) More restrictive forms of discipline than those authorized in sub. (3), for a conduct rule violation not designated as a major conduct rule violation under this chapter, may be imposed by a supervisor under this subsection as follows: