Chapter DOC 376

DOC 376.09(11) (11) Monthly report on full body restraints. A monthly report concerning each incident involving the use of full body restraints under sub. (5) (a) to (d) shall be submitted by the superintendent to the administrator.

DOC 376.09(12) (12) Supply of mechanical restraints. Institutions shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.

DOC 376.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.10 DOC 376.10 Escapes.

DOC 376.10(1) (1) Plan. Each institution shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:

DOC 376.10(1)(a) (a) Reporting the escape to the superintendent and the administrator.

DOC 376.10(1)(b) (b) Staff communication.

DOC 376.10(1)(c) (c) Notification to local and committing county law enforcement authorities.

DOC 376.10(1)(d) (d) Notification to the community, consistent with s. 938.51 (1r), Stats.

DOC 376.10 Note Note: There is no statutory requirement for notification to the community in the event of escape.

DOC 376.10(1)(e) (e) Pursuit of the escapee.

DOC 376.10(1)(f) (f) An immediate count of all youth.

DOC 376.10(1)(g) (g) A search of the institution and grounds.

DOC 376.10(1)(h) (h) An investigation into the background, mail and visitors list of the escaped youth.

DOC 376.10(1)(i) (i) An accessible list of the names, addresses and phone numbers of off-duty staff members.

DOC 376.10(1)(j) (j) The operation of essential posts.

DOC 376.10(1)(k) (k) Securing tools and any implement that may be fashioned into a weapon.

DOC 376.10(1)(L) (L) Victim notification, if requested under s. 938.51 (4), Stats.

DOC 376.10(1)(m) (m) The preservation of any evidence relevant to the escape and the chain of evidence.

DOC 376.10(1)(n) (n) The repair of any facilities damaged in the escape.

DOC 376.10(1)(o) (o) The responsibility of staff after an escape.

DOC 376.10(1)(p) (p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.

DOC 376.10(2) (2) Reports. Reports of escapes required under sub. (1) (a) shall include:

DOC 376.10(2)(a) (a) Date, time and location when the youth was last seen.

DOC 376.10(2)(b) (b) The method of escape.

DOC 376.10(2)(c) (c) Who was involved in the escape.

DOC 376.10(2)(d) (d) A description of the escapee, including clothing worn.

DOC 376.10(2)(e) (e) Action taken by the institution, including procedures initiated.

DOC 376.10(2)(f) (f) A brief evaluation of the factors which may have contributed to the escape.

DOC 376.10(2)(g) (g) The identification of persons who may have information about the escape.

DOC 376.10(3) (3) Hostages. When a youth takes the superintendent or any staff hostage, the hostage shall have no authority to order any action or inaction by staff.

DOC 376.10(4) (4) Pursuit. Any pursuit of an escaped youth by staff shall be done in cooperation with local law enforcement authorities. Until local law enforcement authorities are able to supervise pursuit, staff shall conduct the pursuit under supervision of the superintendent.

DOC 376.10(5) (5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.

DOC 376.10(6) (6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.

DOC 376.10(7) (7) Criminal convictions. A youth who is in an institution because of an adult criminal court conviction who escapes from an institution shall be treated as an adult in regard to confidentiality of information.

DOC 376.10(8) (8) Public information release. After 12 hours, the department may release information to the public if permitted under s. 938.78 (3), Stats., for youth adjudicated for certain criminal offenses. The information may include the youth’s name, age, physical description, including clothing, the date and time of the escape and the institution where the escape occurred.

DOC 376.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (L) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 376.11 DOC 376.11 Search of institution grounds. Staff may conduct a search of any area within the buildings or grounds of an institution at any time. There is no requirement that evidence exists that contraband is concealed on institution grounds before such a search is conducted. Upon completion of the search, staff shall complete an institution incident report describing the search including any discovery of contraband.

DOC 376.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.12 DOC 376.12 Search of youth living quarters.

DOC 376.12(1) (1) Whenever staff conduct a search of a youth’s living quarters, staff in charge of the living unit at the time of the search or the staff who conducted the search shall write a report that includes all of the following:

DOC 376.12(1)(a) (a) The identity of the staff who conducted the search and the supervisor who approved it.

DOC 376.12(1)(b) (b) The date and time of the search.

DOC 376.12(1)(c) (c) The identity of the youth whose living quarters were searched.

DOC 376.12(1)(d) (d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.

DOC 376.12(1)(e) (e) Any objects that were seized pursuant to the search.

DOC 376.12(1)(f) (f) Whether any damage was done to the premises during the search.

DOC 376.12(2) (2) If property was seized or damaged pursuant to the search of a youth’s living quarters, staff shall inform the youth in writing. The institution shall pay for the cost of repair of personal property that is not contraband. In the alternative, and at the discretion of the superintendent, damaged personal property that is not contraband shall be replaced or the youth shall receive the fair market value of the property at the time it was damaged.

DOC 376.12(3) (3) In conducting searches, staff shall disturb the effects of youth as little as possible, consistent with thoroughness.

DOC 376.12(4) (4) Staff shall not read materials that they know are legal materials.

DOC 376.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.13 DOC 376.13 Search of youth.

DOC 376.13(1) (1) Searches of youth may be conducted as follows:

DOC 376.13(1)(a) (a) Personal search. Staff may conduct a personal search of a youth under any of the following circumstances:

DOC 376.13(1)(a)1. 1. If staff have reasonable grounds to believe that the youth possesses contraband.

DOC 376.13(1)(a)2. 2. At the direction of the shift supervisor, either orally or in written job instructions or post orders.

DOC 376.13(1)(a)3. 3. Before a youth enters or leaves the security enclosure of an institution.

DOC 376.13(1)(a)4. 4. Before a youth enters or leaves the security unit or changes status within the security unit of an institution.

DOC 376.13(1)(a)5. 5. Before and after a youth has been with a visitor.

DOC 376.13(1)(a)6. 6. As part of a lockdown or a search of a housing unit or institution under s. DOC 376.11 or 376.12.

DOC 376.13(1)(a)7. 7. When a youth is apprehended after an escape or an attempted escape.

DOC 376.13(1)(b) (b) Strip search. A strip search may only be conducted in a clean place and a place that is as private as is reasonably possible. Except in emergencies, a person of the same sex as the youth being searched shall conduct the strip search. A strip search of a youth may be conducted under any of the following circumstances:

DOC 376.13(1)(b)1. 1. Before a youth leaves or enters the security enclosure of an institution.

DOC 376.13(1)(b)2. 2. Before a youth leaves or enters the segregation unit of an institution.

DOC 376.13(1)(b)3. 3. Before or after a youth has been with a visitor.

DOC 376.13(1)(b)4. 4. When a youth is apprehended after an escape, an attempted escape or an attempt to hide from staff.

DOC 376.13(1)(b)5. 5. At the direction of the superintendent who may delegate to a supervisor.

DOC 376.13(1)(b)6. 6. When a youth changes status within the confines of a segregation building.

DOC 376.13(1)(c) (c) Body cavity search. A body cavity search may only be conducted if the superintendent approves, upon probable cause to believe that contraband is hidden in a body cavity. Medical or nursing staff shall conduct body cavity searches. The superintendent shall promptly notify the administrator of all body cavity searches.

DOC 376.13(1)(d) (d) Body contents search. A body contents search may only be conducted by persons who are appropriately licensed or certified by law to take blood samples and x-rays and perform other appropriate procedures requiring a license or certification. Staff of the same sex as the youth being searched shall collect urine specimens. Trained staff may conduct breath specimen tests. Staff may direct that a body contents search be conducted under any of the following conditions with the approval of the superintendent:

DOC 376.13(1)(d)1. 1. If one or more staff, from direct observation or reliable sources, have reasonable grounds to believe that a youth has used, possesses or is under the influence of intoxicating substances, as defined in s. DOC 373.46 (1) or possesses other contraband that may be detected by a body contents search.

DOC 376.13(1)(d)2. 2. Upon intake in the assessment and evaluation process.

DOC 376.13(1)(d)3. 3. After a youth returns to the institution from any absence from the institution.

DOC 376.13(1)(d)4. 4. After a youth has been with a visitor.

DOC 376.13(1)(d)5. 5. As part of a random testing program in which staff do not select youth by name or for a specific reason.

DOC 376.13(1)(d)6. 6. Pursuant to a court order requiring the youth to submit to drug testing.

DOC 376.13(2) (2) Results of searches and any contraband, test results or other evidence obtained under sub. (1) may be used as evidence at a disciplinary hearing conducted pursuant to s. DOC 373.73.

DOC 376.13(3) (3) Contraband shall be disposed of in accordance with s. DOC 376.17.

DOC 376.13(4) (4) A written report or written log entry of all searches under sub. (1) shall be filed with the superintendent The report shall state all of the following:

DOC 376.13(4)(a) (a) The identity of the staff member who conducted the search and the shift supervisor who approved it.

DOC 376.13(4)(b) (b) The date and time of the search.

DOC 376.13(4)(c) (c) The identity of the youth searched.

DOC 376.13(4)(d) (d) The reason for the search. If the search was a random search the report shall state that it was random.

DOC 376.13(4)(e) (e) Any objects seized pursuant to the search.

DOC 376.13(4)(f) (f) The identity of all staff present when the search was conducted.

DOC 376.13(5) (5) Staff shall preserve the dignity of youth to the extent reasonably possible in all searches conducted under this section.

DOC 376.13(6) (6) Before a search is conducted pursuant to this section, a youth shall be informed that a search is about to occur, the nature of the search and the location where the search is to occur.

DOC 376.13(7) (7) In deciding whether there are reasonable grounds to believe a youth possesses contraband or whether there is probable cause that contraband is hidden in a body cavity, staff shall consider:

DOC 376.13(7)(a) (a) Observations of staff.