Wisconsin Legislature: DOC 373.46 History

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DOC 373.62DOC 373.62 Violation of conditions of leave.