Chapter DOC 375

Register December 2006 No. 612

Chapter DOC 375

OBSERVATION STATUS IN TYPE 1 SECURED CORRECTIONAL FACILITIES

DOC 375.01   Authority and purpose.

DOC 375.02   Applicability.

DOC 375.03   Definitions.

DOC 375.04   Observation.

DOC 375.05   Limits on time in observation.

DOC 375.06   Review of need for continued observation.

DOC 375.07   Conditions of observation.

DOC 375.08   Supervision.

DOC 375.09   Removal from observation.

DOC 375.10   Appeal.

DOC 375.11   Report to administrator.

Ch. DOC 375 Note Note: Chapter HSS 335 as it existed on June 30, 2000 was repealed and a new Chapter DOC 375 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 375.01 DOC 375.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 938.48 (16) and 938.505 (1), Stats., to establish standards and procedures for the involuntary non-punitive, temporary confinement of a youth to ensure the youth’s safety and the safety of others if the youth is mentally ill and dangerous, is experiencing acute mental distress or has a medical problem that requires separation for treatment.

DOC 375.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.02 DOC 375.02 Applicability. This chapter applies to the department and all youth under its supervision in a type 1 secured correctional facility.

DOC 375.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.03 DOC 375.03 Definitions. In this chapter:

DOC 375.03(1) (1) “Acute mental distress” means a condition in which a youth’s emotional, social or behavioral functioning is significantly impaired and the impairment may result in physical harm to the youth or others.

DOC 375.03(2) (2) “Administrator” means the administrator of the division or that person’s designee.

DOC 375.03(3) (3) “Advanced practice nurse prescriber” means an advanced practice nurse as defined in ch. 441, Stats., and ch. N 8 who has been certified to prescribe medication.

DOC 375.03(4) (4) “Dangerous” means a youth presents a substantial probability of physical harm to self or to other persons as manifested by any of the following:

DOC 375.03(4)(a) (a) Recent homicidal or other violent behavior.

DOC 375.03(4)(b) (b) The reasonable fear of others of violent behavior and serious physical harm, because of a recent overt act or an attempt or threat to cause serious physical harm.

DOC 375.03(4)(c) (c) Serious self-destructive behavior or a threat of that behavior.

DOC 375.03(4)(d) (d) The inability to cope with life in the institution to the degree that the youth or others are endangered.

DOC 375.03(5) (5) “Day” means a calendar day.

DOC 375.03(6) (6) “Department” means the department of corrections.

DOC 375.03(7) (7) “Division” means the department’s division of juvenile corrections.

DOC 375.03(8) (8) “Guardian” has the meaning given in s. 938.02 (8), Stats.

DOC 375.03(9) (9) “Health services professional” means a nurse, an advanced practice nurse prescriber, a physician’s assistant or a physician who are licensed or certified to practice in Wisconsin.

DOC 375.03(10) (10) “Institution” means a type 1 secured correctional facility operated by the department.

DOC 375.03(11) (11) “Mental health facility” means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including, but not limited to, inpatient and outpatient programs, community support programs and rehabilitation programs.

DOC 375.03(12) (12) “Mentally ill” means that a youth has a substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life in an institution.

DOC 375.03(13) (13) “Nurse” means a registered or licensed practical nurse as defined by ch. 441, Stats.

DOC 375.03(14) (14) “Parent” has the meaning given in s. 938.02 (13), Stats.

DOC 375.03(15) (15) “Physician” means a person licensed as a physician under ch. 448, Stats.

DOC 375.03(16) (16) “Physician’s assistant” means a person licensed to practice as a physician’s assistant under ch. 448, Stats.

DOC 375.03(17) (17) “Psychologist” means a person licensed to practice psychology under ch. 455, Stats.

DOC 375.03(18) (18) “Shift supervisor” means a staff member designated by the superintendent to perform supervisory functions under this chapter on a particular shift.

DOC 375.03(19) (19) “Staff” means a person employed by the institution or under contract by the department.

DOC 375.03(20) (20) “Superintendent” means the superintendent of a type 1 secured juvenile correctional facility or that person’s designee.

DOC 375.03(21) (21) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 375.03(22) (22) “Youth” means a person or persons under the supervision of the department in an institution consistent with the requirements of law and regardless of age.

DOC 375.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 375.04 DOC 375.04 Observation.

DOC 375.04(1) (1) Criteria. Observation is an involuntary non-punitive status used for the temporary confinement of a youth to ensure the individual’s safety and the safety of others. A youth may be placed in observation if any of the persons listed in sub. (2) (b) have reasonable cause to believe that one or more of the following are true:

DOC 375.04(1)(a) (a) The youth is mentally ill and dangerous to self or others.

DOC 375.04(1)(b) (b) The youth is exhibiting symptoms of acute mental distress.

DOC 375.04(1)(c) (c) The youth has a communicable disease, infection or other medical problem that requires separation from the institution population for treatment by a physician.

DOC 375.04(2) (2) Placement authority.

DOC 375.04(2)(a) (a) Any staff member may recommend to a supervisor that a youth be placed in observation. The staff member shall state in writing the reasons for the recommendation and describe the conduct or condition that forms the basis for the recommendation.

DOC 375.04(2)(b) (b) If there is reasonable cause to believe that the criteria under sub. (1) are met, a youth may be placed in observation only by one or more of the following:

DOC 375.04(2)(b)1. 1. A psychologist or physician.

DOC 375.04(2)(b)2. 2. Any health services professional, if a psychologist or physician is not available for consultation, either in person or by telephone.