Wisconsin Legislature: Ch. DOC 376 TOC

Ch. DOC 376 NoteNote: Chapter HSS 336 as it existed on June 30, 2000 was repealed and a new Chapter DOC 376 was created, Register, June, 2000, No. 534, effective July 1, 2000.

DOC 376.01DOC 376.01 Authority and objectives. This chapter is promulgated under the authority of ss. 227.11 (2) (a), 301.025 and 938.48 (16), Stats. The department’s primary security objectives are to protect the public, staff and youth and to afford youth a safe setting to participate in activities that prepare them to be successfully reintegrated into the community.

DOC 376.01 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.02DOC 376.02 Applicability. This chapter applies to the department and all youth under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

DOC 376.02 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.03DOC 376.03 Definitions. In this chapter:

DOC 376.03(1)(1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 376.03(2)(2) “Bodily harm” means physical injury, illness or any impairment of physical condition.

DOC 376.03(3)(3) “Body cavity search” means a search conducted by a health services professional in which body cavities are inspected by the entry of an object or fingers into body cavities.

DOC 376.03(4)(4) “Body contents search” means a search in which a youth is required to provide a sample which includes, but is not limited to, deoxyribonucleic acid (DNA), urine, breath, blood or stool for testing for the presence of intoxicating substances, as defined in s. DOC 373.46 (1), in accordance with division procedures and methods approved by the state laboratory of hygiene, or to submit to a nonsurgical physical examination by medical staff which may include, but is not limited to, x-rays for detecting contraband. Body contents searches do not include examinations and tests requested by medical staff for medical reasons.

DOC 376.03(5)(5) “Chemical agent” means chloroacetophenone or “CN”, o-chlorobenzyl malononitrile or “CS”, oleoresin of capsicum or “OC” or other commercially manufactured chemical agents approved by the department for use as a non-deadly force.

DOC 376.03(6)(6) “Close confinement” means restriction of a youth to the youth’s assigned room or cell with a minimum of one hour per day of out-of-room time.

DOC 376.03(7)(7) “Contraband” has the meaning given in s. DOC 373.03 (6).

DOC 376.03(8)(8) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

DOC 376.03(9)(9) “Department” means the department of corrections.

DOC 376.03(10)(10) “Formal disciplinary hearing” means a hearing for a youth as provided in s. DOC 373.73.

DOC 376.03(11)(11) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of physical force and mechanical restraints.

DOC 376.03(12)(12) “Full body restraint” means a mechanical restraint used to simultaneously immobilize legs, arms and torso.

DOC 376.03(13)(13) “Great bodily harm” is bodily harm which creates a high probability of death or which causes serious permanent disfigurement or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

DOC 376.03(14)(14) “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 376.03(15)(15) “Incapacitating device” means a commercially manufactured device designed to incapacitate a person which is approved by the department for use as a non-deadly force.

DOC 376.03(16)(16) “Institution” means a type 1 secured correctional facility operated by the department.

DOC 376.03(17)(17) “Lockdown” means restriction of movement and programs in the entire institution to control a situation regarding safety or security of an institution.

DOC 376.03(18)(18) “Medical staff” means physician, physician’s assistant or nurse practitioner.

DOC 376.03(19)(19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

DOC 376.03(20)(20) “Non-deadly force” means force which a user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.

DOC 376.03(21)(21) “Personal search” includes a search of a person’s pockets, frisking the body, an examination of shoes, coat and hat and an inspection of the mouth.

DOC 376.03(22)(22) “Reasonably believes” means that the actor believes that certain facts exist and the belief, under the circumstances, is reasonable even though the belief is erroneous.

DOC 376.03(23)(23) “Secretary” means the secretary of the department of corrections or that person’s designee.

DOC 376.03(24)(24) “Staff” means a state employee of the institution where a youth is housed.

DOC 376.03(25)(25) “Strip search” means a search in which a person is required to remove clothes. Permissible inspection includes examination of the person’s body and clothing and visual inspection of body cavities.

DOC 376.03(26)(26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 376.03(27)(27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

DOC 376.03(28)(28) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 376.03(29)(29) “Youth” means a person or persons supervised by the department in an institution consistent with the requirements of law and regardless of age.

DOC 376.03 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.04DOC 376.04 Voluntary confinement.

DOC 376.04(1)(1) A superintendent may place a youth in voluntary confinement if all of the following are true:

DOC 376.04(1)(a)(a) The youth requests the placement in writing.

DOC 376.04(1)(b)(b) The superintendent is satisfied that the placement is necessary for the safety and welfare of the youth.

DOC 376.04(2)(2) A youth shall remain in voluntary confinement for at least 72 hours from the time of placement unless the superintendent approves prior release.

DOC 376.04(3)(3) If a superintendent does not approve a youth’s release from voluntary confinement before 72 hours elapse, the youth shall be released after 72 hours, if one of the following occurs:

DOC 376.04(3)(a)(a) The youth requests release orally or in writing.

DOC 376.04(3)(b)(b) The superintendent is satisfied that the placement is no longer necessary.

DOC 376.04(4)(4) Youth in voluntary confinement shall be in close confinement. The minimum requirement of one-hour out-of-room time per day for close confinement may be suspended for a 24-hour period upon the recommendation of a physician or psychologist. The superintendent shall send a written report of the suspension to the administrator.