Chapter DOC 373

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:

DOC 373.68(10)(a) (a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3), modified as follows:

DOC 373.68(10)(a)1. 1. Room confinement for not more than 10 hours.

DOC 373.68(10)(a)2. 2. Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.

DOC 373.68(10)(a)3. 3. Loss of an off grounds activity for no longer than 30 days.

DOC 373.68(10)(b) (b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:

DOC 373.68(10)(b)1. 1. Obtain a statement of facts with a recommendation from staff.

DOC 373.68(10)(b)2. 2. Inform the youth of the nature of the alleged infraction and the range of discipline.

DOC 373.68(10)(b)3. 3. Request that the youth relate the facts concerning the matter at issue.

DOC 373.68(10)(c) (c) A disposition under this section shall be imposed consecutive to other dispositions under this section and may be imposed consecutive to a disposition under s. DOC 373.80.

DOC 373.68(10)(d) (d) The supervisor may impose discipline under this subsection, may dismiss the charge, or may write a conduct report if the conduct rule violation is a major conduct rule violation.

DOC 373.68(10)(e) (e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.

DOC 373.68(10)(f) (f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.

DOC 373.68(11) (11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

DOC 373.68 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.69 DOC 373.69 Conduct reports.

DOC 373.69(1) (1) Staff who observe or discover a conduct rule violation shall investigate the matter to determine if a conduct rule violation occurred. If staff conclude that a major conduct rule violation has occurred, a conduct report shall be written. If more than one staff knows of the same violation, the superintendent shall designate the staff who shall write the conduct report.

DOC 373.69(2) (2) A conduct report may only be written for a major conduct rule violation.

DOC 373.69(3) (3) The conduct report shall describe the facts in detail, including information obtained from other staff. The report shall list all conduct rules that were allegedly violated, even if they overlap. All physical evidence and witnesses shall be mentioned in the report.

DOC 373.69(4) (4) There shall be at least one conduct report or record for each act that is alleged to be a major conduct rule violation under this chapter.

DOC 373.69 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.70 DOC 373.70 Review of conduct reports by the superintendent.

DOC 373.70(1) (1) The superintendent shall promptly review all conduct reports for technical adequacy and the appropriateness of the charges.

DOC 373.70(2) (2) The superintendent:

DOC 373.70(2)(a) (a) Shall dismiss a conduct report if the superintendent believes that it should not have been written.

DOC 373.70(2)(b) (b) Shall eliminate any conduct rule violation cited in the conduct report if the statement of facts does not establish that a violation was committed.

DOC 373.70(2)(c) (c) May add any conduct rule violation to the conduct report if the statement of facts establishes that a violation was committed.

DOC 373.70(2)(d) (d) Shall destroy the conduct report if no conduct rule violation was committed.

DOC 373.70(2)(e) (e) May refer a conduct report for further investigation.

DOC 373.70(3) (3) Following a review, the superintendent shall determine whether a conduct report shall be approved.

DOC 373.70 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.71 DOC 373.71 Notice of alleged major conduct rule violation. When a youth is alleged to have committed a major conduct rule violation and the superintendent has reviewed and approved the conduct report pursuant to s. DOC 373.70, the following procedure shall be followed:

DOC 373.71(1) (1) The superintendent shall give a copy of the approved conduct report to the youth within 7 days of placement in prehearing security.

DOC 373.71(2) (2) The superintendent shall inform the youth orally and in writing of the conduct rule which the youth is alleged to have violated.

DOC 373.71(3) (3) The superintendent shall inform the youth orally and in writing of the potential penalties which may be imposed.

DOC 373.71(4) (4) The superintendent shall also inform the youth orally and in writing of all of the following:

DOC 373.71(4)(a) (a) That the youth has a right to a disciplinary hearing at which the youth may present oral, written, documentary and physical evidence, and evidence from voluntary eye witnesses.

DOC 373.71(4)(b) (b) That the youth has a right to the assistance of a staff advocate, the right to ask questions of the witnesses, that repetitive, disrespectful and irrelevant questions may be forbidden and that the youth may appeal the finding and disposition of the hearing officer to the superintendent.

DOC 373.71(4)(c) (c) That the youth may waive the right to a disciplinary hearing and to the other rights specified in this subsection and that a waiver is not an admission of guilt.

DOC 373.71(5) (5) The youth may elect to waive the right to a disciplinary hearing at anytime. The waiver shall be in writing and shall be submitted to the superintendent. The superintendent may not accept a written waiver by a youth if the superintendent believes that the youth lacks the mental capacity to waive the disciplinary hearing.

DOC 373.71 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 373.72 DOC 373.72 Procedure when the right to a disciplinary hearing is waived. When a youth is alleged to have committed a major conduct rule violation, the superintendent has reviewed and approved the conduct report under s. DOC 373.70 and the youth has waived the right to a disciplinary hearing under s. DOC 373.71 (5), the following procedure shall be followed:

DOC 373.72(1) (1) The youth shall appear before a hearing officer not less than 24 hours nor more than 7 days after the date the approved conduct report is given to the youth.

DOC 373.72(1)(a) (a) The youth may request more time for preparation or a waiver of time limits. Unless there are good reasons for not granting more time or a waiver of time limits, a reasonable amount of additional time or a waiver of time limits shall be granted.

DOC 373.72(1)(b) (b) Time limits may be exceeded due to the absence or unavailability of the youth.

DOC 373.72(2) (2) 

DOC 373.72(2)(a) (a) The hearing officer shall review the conduct report and discuss it with the youth.