Chapter DOC 373

DOC 373.34 DOC 373.34 Talking when prohibited. Each institution shall post specific policies and procedures stating the times and places talking is forbidden or limited. A youth may not talk during those times, in those places or in a manner contrary to the institution policies and procedures, unless at least one of the following applies:

DOC 373.34(1) (1) The youth is replying to a question addressed to the youth by staff.

DOC 373.34(2) (2) Talking at that time and place is necessary for the physical health and safety of the youth or another person.

DOC 373.34 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.35 DOC 373.35 Unauthorized forms of communication. Unless authorized, a youth may not communicate by passing notes, using sign language, if sign language is not the youth’s primary method of communication, using a language other than English, unless a youth’s primary language is not English, using signals, or by unauthorized use of a telephone or mail or any other communication device, method or code. Any document or property, that is passed to or made available to another, is considered a means of communication under this section.

DOC 373.35 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.36 DOC 373.36 Enterprise and fraud.

DOC 373.36(1) (1) A youth may not engage in any unauthorized activity involving the exchange of money, property, or service. Any youth who was engaged in any lawful business or enterprise prior to admission shall disengage from the operation of it in a manner determined by the superintendent.

DOC 373.36(2) (2) A youth may not offer to buy or order any item intending not to pay for it.

DOC 373.36 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. V of ch. DOC 373 Subchapter V — Conduct Rules Relating to Property

DOC 373.37 DOC 373.37 Counterfeiting and forgery.

DOC 373.37(1) (1) A youth may not make or alter any of the following:

DOC 373.37(1)(a) (a) Any document so that it appears to have been made, signed, initialed or stamped either by someone else, or at a different time or with different provisions.

DOC 373.37(1)(b) (b) Any postage stamp or postal cancellation mark.

DOC 373.37(2) (2) A youth may not knowingly use a forged, counterfeit, or altered document, postage stamp or postal cancellation mark.

DOC 373.37 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.38 DOC 373.38 Unauthorized use of or access to records. Unless authorized, a youth may not read, gather or disclose information in institution records about another youth.

DOC 373.38 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.39 DOC 373.39 Theft. In this section, “steal” means obtain or retain the possession of or title to the property of another with intent to deprive the owner of it without the consent of the owner. A youth may not steal the property of another person or the state.

DOC 373.39 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.40 DOC 373.40 Property damage or alteration.

DOC 373.40(1) (1) A youth may not intentionally, negligently or recklessly damage, destroy or alter the property of another person or state property.

DOC 373.40(2) (2) Unless authorized, a youth may not damage or destroy his or her personal property.

DOC 373.40 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.41 DOC 373.41 Arson. A youth may not start a fire unless authorized by staff.

DOC 373.41 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.42 DOC 373.42 Causing an explosion. A youth may not cause an explosion.

DOC 373.42 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.43 DOC 373.43 Creating a safety hazard. A youth may not create a safety hazard. This includes, but is not limited to, the misuse of electrical outlets, electrical equipment and machinery or activities such as tampering with doors or locks or rendering floors slippery with water or another agent.

DOC 373.43 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.44 DOC 373.44 Transfer of property or services. Unless authorized, a youth may not do any of the following:

DOC 373.44(1) (1) Give, sell or lend property or services to another person.

DOC 373.44(2) (2) Receive, accept, buy or borrow property or services from another person.

DOC 373.44(3) (3) Barter or exchange property or services with another person.

DOC 373.44 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. VI of ch. DOC 373 Subchapter VI — Conduct Rules Relating to Contraband

DOC 373.45 DOC 373.45 Unauthorized possession of money.

DOC 373.45(1) (1) In this section:

DOC 373.45(1)(a) (a) “Negotiable instrument” means a check or other written statement, signed by the maker or drawer, which contains an unconditional promise to pay which is payable on demand or at a specified time and which is payable to the order of the bearer.

DOC 373.45(1)(b) (b) “Possess” means have on a youth’s person, in the youth’s quarters, in the youth’s locker or otherwise under the youth’s control in the institution.

DOC 373.45(2) (2) Unless authorized, a youth may not possess coins or paper money, a check, money order, savings bond or any other negotiable instrument.

DOC 373.45 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.46 DOC 373.46 Intoxicants and paraphernalia.

DOC 373.46(1) (1) In this section, “intoxicating substance” means anything which, if taken into the body, may alter or impair normal mental or physical functions or is represented to do so, including, but not limited to, alcoholic drinks, lysergic acid diethylamide, also known as LSD, heroin, cocaine, marijuana, alcohol, paint thinner and unauthorized glues. Medications taken consistent with a proper prescription in accordance with law are not intoxicating substances.

DOC 373.46(2) (2) A youth may not knowingly possess, distribute or use an intoxicating substance, or have knowledge of, but fail to report another person’s possession, distribution or use of an intoxicating substance.

DOC 373.46(3) (3) A youth may not knowingly possess any chemical laboratory equipment or homemade device used in the manufacture of an intoxicating substance or any device used to take an intoxicating substance into the body, including, but not limited to, a still, hollow needle, small spoon, roach clip or marijuana or hashish pipe.

DOC 373.46 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.47 DOC 373.47 Weapons.

DOC 373.47(1) (1) A youth may not possess any item that can be used as a weapon with intent to use it as a weapon against another person or to damage property.

DOC 373.47(2) (2) A youth may not make or alter any item with intent to make it suitable for use as a weapon.

DOC 373.47(3) (3) A youth may not knowingly possess an item that is designed to be used as a weapon or to be used in the manufacture of a weapon.

DOC 373.47(4) (4) Any item found which apparently violates this section may be confiscated. If a youth is found not guilty of violating this section and the item is not contraband, the item shall be returned to the youth.

DOC 373.47 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.48 DOC 373.48 Unauthorized possession or use of tobacco or smoking materials. A youth may not smoke tobacco or any other substance or possess tobacco or any other smoking materials.

DOC 373.48 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.49 DOC 373.49 Unauthorized property.

DOC 373.49(1) (1) A youth may not possess stolen property or property a youth may not knowingly possess under the laws of Wisconsin, the United States or the rules of the department.

DOC 373.49(2) (2) Each institution shall post a list of all types of personal property which youth are allowed to possess in accordance with s. DOC 379.10 (2). All property that is not on the posted list is unauthorized.

DOC 373.49(3) (3) All property which is not on a youth’s property inventory, consistent with s. DOC 379.10 (4), is unauthorized.

DOC 373.49(4) (4) A youth may not knowingly violate this section or institution policies and procedures relating to personal property.

DOC 373.49 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.50 DOC 373.50 Unauthorized use of the mail.

DOC 373.50(1) (1) A youth may not use the U.S. postal service to communicate with a person the youth may not correspond with under s. DOC 379.04.

DOC 373.50(2) (2) A youth may not send through the mail any item that the youth is not allowed to possess, except that items in safekeeping and items which have been seized may be sent out through the mail or by other means at the youth’s expense.

DOC 373.50 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

subch. VII of ch. DOC 373 Subchapter VII — Conduct Rules Relating to Movement

DOC 373.51 DOC 373.51 Leaving an assigned area. A youth may not leave a room or area where the youth is attending any scheduled activity such as, but not limited to, a class, meal, religious service, group meeting or the immediate area of work or school assignment without authorization or a valid pass.

DOC 373.51 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.52 DOC 373.52 Loitering. A youth may not fail to move promptly when going to or from any event, work, class, meeting, meal, appointment or the youth’s living quarters.

DOC 373.52 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.53 DOC 373.53 Entry of an unauthorized room or area.

DOC 373.53(1) (1) In this section, “enter” means reach into, lean into or put any object or part of the body into a room or area.

DOC 373.53(2) (2) Unless authorized, a youth may not enter another youth’s room or permit another youth to enter the youth’s own room.

DOC 373.53(3) (3) Unless authorized, a youth may not enter any area other than an area to which the youth has been assigned.

DOC 373.53 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.54 DOC 373.54 Tardiness and absence. Unless authorized, a youth may not be tardy or absent from any event, work, class, meeting, meal, appointment or other program related activity.

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.