Chapter DOC 376

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.

DOC 376.17(3)(h)2. 2. Store the contraband in the institution until the youth is discharged or otherwise released from the institution.

DOC 376.17(3)(h)3. 3. Deliver the contraband by mail or commercial carrier to a person on the youth’s visiting list at the expense of the youth.

DOC 376.17(3)(h)4. 4. Deliver the contraband to a person on the youth’s visiting list when the person visits the institution.

DOC 376.17(3)(h)5. 5. Destroy the contraband, consistent with institution policy and procedure.

DOC 376.17(4) (4) A youth who is the owner of property under sub. (3) shall receive notice of the proposed disposition of the property at least 3 days prior to the disposition. The youth may appeal the decision by filing a complaint under ch. DOC 380. The property shall not be disposed of until the complaint is resolved.

DOC 376.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.18 DOC 376.18 Report of contraband seized. Each month the superintendent of each institution shall submit to the administrator a report of all contraband seized, the place and time it was seized, and the identity of the person possessing the contraband. If the contraband was not found in the possession of a person, the report shall state that fact.

DOC 376.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.19 DOC 376.19 Lockdown. In the event of a safety or security need, the superintendent may at any time lockdown an institution to investigate and control the situation. The superintendent shall give the secretary and the administrator advance notice, when possible, of any lockdown. If advance notice cannot be given, the superintendent shall notify the secretary and the administrator of a lockdown as soon as possible.

DOC 376.19 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.20 DOC 376.20 Disturbance plan.

DOC 376.20(1) (1) In this section, a disturbance means any of the following have occurred:

DOC 376.20(1)(a) (a) Two or more youth assault any person.

DOC 376.20(1)(b) (b) A youth has taken a hostage.

DOC 376.20(1)(c) (c) Two or more youth destroy state property or the property of another person.

DOC 376.20(1)(d) (d) Two or more youth, acting in concert, refuse to comply with an order to return to living quarters or to go to a place.

DOC 376.20(1)(e) (e) One or more youth incite or encourage one or more youth by words or acts to do any of the acts referred to in pars. (a) to (d).

DOC 376.20(2) (2) Each institution shall have a written plan, a copy of which shall be filed with the administrator, to control and stop a disturbance. The plan shall be prepared by the superintendent and shall be reviewed at least once a year.

DOC 376.20(3) (3) The purposes of the disturbance plan are:

DOC 376.20(3)(a) (a) To ensure, as the highest priority, the safety and welfare of the general public, staff and youth.

DOC 376.20(3)(b) (b) To protect property.

DOC 376.20(3)(c) (c) To maintain and restore order to the institution.

DOC 376.20(3)(d) (d) To identify any person who participated in the disturbance, to provide for disciplinary action to be taken according to ch. DOC 373 and to provide relevant information to the sheriff or local law enforcement agency so that participants can be prosecuted.

DOC 376.20(4) (4) Staff who are taken hostage have no authority to order any action or inaction by staff.

DOC 376.20(5) (5) If a major disturbance occurs that prevents the normal functioning of the institution, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09, until the disturbance is ended and order is restored to the institution.

DOC 376.20(6) (6) A superintendent shall immediately notify the administrator of a disturbance.

DOC 376.20(7) (7) If a disturbance occurs and a person is injured or if it results in a suspension of the rules under sub. (5), the secretary may convene a disturbance review panel to investigate the disturbance. The panel shall be made up of persons selected in accordance with sub. (8). The panel shall have adequate staff to conduct a thorough investigation of the disturbance.

DOC 376.20(8) (8) A disturbance review panel shall consist of 5 persons selected as follows:

DOC 376.20(8)(a) (a) Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.

DOC 376.20(8)(b) (b) Two members designated by the administrator, one of whom shall be a member of the administrator’s central office staff and one of whom shall be a member of the public.

DOC 376.20(8)(c) (c) One member to be designated by the superintendent of the institution where the incident occurred from the institution staff.

DOC 376.20(9) (9) A disturbance review panel shall submit a written report to the secretary that includes the facts relevant to the incident and states a conclusion as to whether the department’s rules were complied with.

DOC 376.20 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.21 DOC 376.21 Emergencies.

DOC 376.21(1) (1) In this section, “emergency” means an immediate threat to the safety of the staff or youth of an institution, as determined by a superintendent, other than a disturbance as defined in s. DOC 376.20 (1). An emergency may include, but is not limited to:

DOC 376.21(1)(a) (a) An epidemic.