Chapter DOC 376

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.

DOC 376.13(7)(b) (b) Information provided by a reliable informant.

DOC 376.13(7)(c) (c) The experience of a staff member.

DOC 376.13(7)(d) (d) Prior seizures or detection of contraband from the youth or living quarters of the youth.

DOC 376.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.14 DOC 376.14 Search of visitors.

DOC 376.14(1) (1) Before a visitor is permitted in an institution, staff responsible for the admission of visitors shall be satisfied that the visitor is not carrying an unauthorized object into the institution.

DOC 376.14(2) (2) Each institution shall have information readily available to visitors informing them of the objects they may carry into the institution. Each institution shall have a place for the safekeeping of objects that may not be carried into the institution and shall permit visitors to store objects in these places.

DOC 376.14(3) (3) Before admitting a visitor, staff responsible for admission of visitors may request visitors to empty pockets and containers, permit the inspection of containers or submit themselves and objects they carry into the institution to inspection by a device designed to detect metal or unauthorized objects.

DOC 376.14(4) (4) 

DOC 376.14(4)(a) (a) Before admitting a visitor, staff responsible for admission of visitors may request a visitor to submit to a personal search, which the superintendent and the administrator must authorize, if there are reasonable grounds to believe the visitor is concealing an unauthorized object.

DOC 376.14(4)(b) (b) If following a personal search, staff has reasonable grounds to believe a strip search is necessary, staff shall request the sheriff or local law enforcement to conduct the search. If the sheriff or local law enforcement cannot or will not conduct the strip search, staff shall ask the visitor to leave.

DOC 376.14(5) (5) Before an inspection or search is conducted pursuant to sub. (3) or (4), the visitor shall be informed orally and in writing, either by a sign posted in a prominent place or on a notice, that the visitor need not permit the inspection or search and that if the visitor does not give permission, the visitor shall not be admitted to the institution.

DOC 376.14(6) (6) If staff find an unauthorized object under sub. (3) or (4), the visitor may be denied entry to the institution and visiting privileges may be suspended.

DOC 376.14(7) (7) If a visitor is denied entry to an institution for refusal to permit a search or if a search is conducted of a visitor under sub. (4), the staff involved shall submit a written report to the superintendent that states all of the following:

DOC 376.14(7)(a) (a) The identity of all staff involved and the person who approved the search.

DOC 376.14(7)(b) (b) The identity of the visitor and the youth being visited.

DOC 376.14(7)(c) (c) The date and time of the search or proposed search.

DOC 376.14(7)(d) (d) The reason for the request to permit a search, including the basis for the belief that unauthorized objects were concealed by the visitor.

DOC 376.14(7)(e) (e) Whether unauthorized objects were seized pursuant to the search and a description of the objects.

DOC 376.14(7)(f) (f) Any involvement of the sheriff or local law enforcement.

DOC 376.14(8) (8) If an unauthorized object is found pursuant to a search of a visitor, the superintendent shall dispose of the object consistent with s. DOC 376.17.

DOC 376.14(9) (9) Staff shall conduct all inspections and searches in a courteous manner and shall strive to protect the dignity of visitors who are inspected or searched.

DOC 376.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.15 DOC 376.15 Search of staff.

DOC 376.15(1) (1) A superintendent may require that staff submit to a personal search before they enter or leave an institution. As part of the personal search, the superintendent may require staff to submit themselves and objects they carry into or out of the institution to inspection by a device designed to detect metal or unauthorized objects. A superintendent may require that staff vehicles and personal possessions be searched while on institution grounds. A superintendent, with approval of the administrator, may require that staff submit to a strip search. Approval for any search shall be given only if there are reasonable grounds to believe the individual being searched is concealing an unauthorized object.

DOC 376.15(2) (2) Staff who refuse to submit to a search shall not be admitted to the institution and may be subject to disciplinary action.

DOC 376.15(3) (3) If an unauthorized object is found pursuant to a search conducted under this section, the superintendent shall dispose of the object consistent with s. DOC 376.17.

DOC 376.15(4) (4) All searches shall be conducted in a courteous manner. Staff shall strive to protect the dignity of staff who are searched.

DOC 376.15(5) (5) Each institution shall give staff written notice of the objects they may not carry into or out of the institution.

DOC 376.15(6) (6) If a search is conducted under this section, the staff who conducted the search shall submit a written report to the superintendent that includes the information required by s. DOC 376.13 (4).

DOC 376.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.16 DOC 376.16 Factors to consider to determine if a search is necessary. Prior to searching a visitor, a youth or other staff, staff shall determine that reasonable grounds or probable cause exists to believe the person being searched possesses contraband. Staff shall consider all of the following factors.

DOC 376.16(1) (1) The reliability of information provided by an informant indicating the existence of contraband by assessing whether the information is detailed, consistent and corroborated.

DOC 376.16(2) (2) The reliability of an informant by considering whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information.

DOC 376.16(3) (3) The activity of a visitor, youth or staff that relates to whether the person to be searched might carry contraband.

DOC 376.16(4) (4) The information provided by the person who may be searched which is relevant to whether the person possesses contraband.

DOC 376.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.17 DOC 376.17 Seizure and disposal of contraband.

DOC 376.17(1) (1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent accompanied by the written report required under ss. DOC 376.13 (4) and 376.14 (7). Items that are not contraband shall be returned to the owner consistent with institution policy and procedure. Contraband shall be returned to the owner, given to the sheriff or local law enforcement agency or disposed of in accordance with this section.

DOC 376.17(2) (2) If staff writes a conduct report, as defined in s. DOC 373.03 (4), the superintendent shall determine the manner of disposal of contraband under sub. (3) after completion of a disciplinary hearing under s. DOC 373.73.

DOC 376.17(3) (3) Disposal of contraband shall be accomplished in one of the following ways:

DOC 376.17(3)(a) (a) Except as otherwise provided in this subsection, if the owner can be determined, the superintendent may direct that the contraband be returned to the owner. Contraband may not be returned to a youth unless its return is consistent with this section and the institution’s policies and procedures.

DOC 376.17(3)(b) (b) Property that is unlawful to possess under state or federal law shall be given to the sheriff or a local law enforcement agency.

DOC 376.17(3)(c) (c) Intoxicating substances shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(d) (d) Weapons shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(e) (e) Currency shall be returned to the owner if the owner is known, except that if a youth is the owner of currency, it shall be deposited in the youth’s account. Currency shall be placed in the state’s general fund if the owner cannot be determined.

DOC 376.17(3)(f) (f) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to locate the maker, the checks or negotiable instruments shall be given to the sheriff or a local law enforcement agency.

DOC 376.17(3)(g) (g) Other property, whose ownership is unknown, shall be sold through the department’s purchasing office and proceeds of the sale shall be placed in the state’s general fund. Items having an apparent value of $5.00 or less shall be destroyed in accordance with the policies and procedures of the institution.

DOC 376.17(3)(h) (h) If it is determined that a youth is the owner of contraband that is lawful to possess, other than currency, but return of the contraband is inconsistent with the department’s rules or the institution’s policies and procedures, the superintendent shall do one of the following:

DOC 376.17(3)(h)1. 1. Give the contraband to the sheriff or a local law enforcement agency.