Chapter DOC 376

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.

DOC 376.21(1)(b) (b) A malfunctioning of institution systems including the water, electrical or telephone system.

DOC 376.21(1)(c) (c) A fire.

DOC 376.21(1)(d) (d) A bomb threat or explosion.

DOC 376.21(1)(e) (e) An employee strike.

DOC 376.21(1)(f) (f) A natural disaster.

DOC 376.21(1)(g) (g) A civil disturbance.

DOC 376.21(2) (2) Each institution shall have a written plan, a copy of which shall be filed with the administrator, to be implemented in the event of an emergency.

DOC 376.21(3) (3) The purposes of the emergency plan shall be:

DOC 376.21(3)(a) (a) To ensure as the highest priority, the safety and welfare of the general public, staff and youth.

DOC 376.21(3)(b) (b) To protect property.

DOC 376.21(3)(c) (c) To maintain or restore order to the institution.

DOC 376.21(3)(d) (d) To identify any person who contributed to the creation of an emergency and to provide this information to the sheriff or local law enforcement agency for prosecution.

DOC 376.21(4) (4) If an emergency 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 emergency is ended and order is restored to the institution.

DOC 376.21(5) (5) The superintendent shall provide immediate notification of an emergency to the administrator.

DOC 376.21(6) (6) If an emergency occurs, the secretary may convene a review panel to investigate the emergency. The panel shall be made up of persons selected in accordance with s. DOC 376.20 (8). The panel shall be provided with staff adequate to conduct a thorough investigation of the emergency.

DOC 376.21 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (intro.) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.