Chapter DOC 379

DOC 379.07(9)(a) (a) The superintendent may suspend or terminate visiting privileges for a violation of the laws of the United States or the state of Wisconsin, the department’s rules or those institution policies and procedures of which a youth or visitor had actual or constructive notice, consistent with s. DOC 373.65 (3) (a) and (b), subject to the following:

DOC 379.07(9)(a)1. 1. The visitor and youth shall be informed in writing of the suspension or termination and the reasons for the action within 5 days of the violation.

DOC 379.07(9)(a)2. 2. The youth may appeal a decision of the superintendent by filing a complaint under ch. DOC 380 within 5 days of receipt of the decision. The visitor may appeal the decision by filing an appeal with the administrator, whose decision shall be final. The administrator shall issue a decision within 15 days of receipt of the appeal and send copies of the decision to the superintendent, the youth and the visitor. Failure of the administrator to issue a decision upholds the decision of the superintendent.

DOC 379.07(9)(a)3. 3. Termination or suspension of visiting privileges under this paragraph may be ordered by the superintendent to protect the security of the institution.

DOC 379.07(9)(b) (b) If a youth is alleged to have violated any conduct rule under ch. DOC 373 during a visit, the youth’s discipline under ch. DOC 373 may include suspension of visiting privileges with the visitor.

DOC 379.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.08 DOC 379.08 Special events.

DOC 379.08(1) (1) Special events may be held in institutions subject to the approval and regulation of the superintendent.

DOC 379.08(2) (2) In regulating special events, the superintendent shall consider all of the following:

DOC 379.08(2)(a) (a) Any threat to security posed by the activity.

DOC 379.08(2)(b) (b) The benefit to the public and youth.

DOC 379.08(2)(c) (c) Staff and other resources available to regulate the activity.

DOC 379.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.09 DOC 379.09 Access to courts, legal services and materials.

DOC 379.09(1) (1) General policy. Youth shall have access to the courts, legal services, and legal materials.

DOC 379.09(2) (2) Access.

DOC 379.09(2)(a) (a) Institutions may establish policies and procedures which relate to access to courts, but such regulations may not unduly delay or adversely affect the outcome of a youth’s claim or defense or discourage a youth from seeking judicial consideration of his or her claims.

DOC 379.09(2)(b) (b) Appropriately identified legal documents may not be read, censored or altered by correctional staff, nor may delivery be delayed.

DOC 379.09(2)(c) (c) A youth shall not be disciplined for seeking judicial or administrative relief.

DOC 379.09(2)(d) (d) This section does not require the department to use its resources to provide legal services.

DOC 379.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.10 DOC 379.10 Property.

DOC 379.10(1) (1) Possession of property. Youth are permitted to have a limited and specified amount of property in their possession in an institution in accordance with this section. The institution shall establish policies and procedures under this section relating to the acquisition, possession, use and disposal of property.

DOC 379.10(2) (2) Property list. Each institution shall develop and maintain a list of the personal property items permitted at the institution. The list may establish limitations as to the value, type of property and number of particular items. The superintendent may approve additions to the property list if the additions further program goals. Youth shall be provided with a copy of the list when they arrive at the institution and any changes made subsequent to their arrival.

DOC 379.10(3) (3) Acquiring property. Methods approved by a superintendent to acquire personal property may include any of the following:

DOC 379.10(3)(a) (a) Purchase from the institution canteen.

DOC 379.10(3)(b) (b) Purchase from an approved retail outlet.

DOC 379.10(3)(c) (c) Delivery by approved visitors or mail.

DOC 379.10(3)(d) (d) Other methods approved by the superintendent.

DOC 379.10(4) (4) Inventory. Each institution shall monitor property in a youth’s possession. A written inventory shall be maintained of all authorized property in a youth’s possession. A youth is responsible for notifying the institution immediately if a discrepancy exists between the inventory and the property in the youth’s possession.

DOC 379.10(5) (5) Cost of property. The cost of personal property items, except those that are medically prescribed, may not exceed an amount approved by the superintendent for each item, excluding taxes and shipping cost. Personal property shall be inventoried for its value and an institution property receipt shall be provided.

DOC 379.10(6) (6) Institution liability for property. The institution is not financially liable for the personal property of youth, unless staff negligence is the proximate cause of loss or damage. If staff have negligently caused loss or damage to a youth’s personal property, the institution’s liability is limited to the value of the property or the cost of repair, whichever is less, at the time of loss or damage, not to exceed the purchase price.

DOC 379.10(7) (7) Disposal of property.

DOC 379.10(7)(a) (a) Each superintendent shall develop policies and procedures, subject to approval of the administrator and consistent with s. DOC 376.17, relating to the disposal of personal property of youth within the institution. Youth may choose the method of disposal, subject to security concerns.

DOC 379.10(7)(b) (b) Upon the escape of a youth, the institution shall collect all personal property of the youth as soon as possible, prepare an inventory of the property and place the property in a secure area for safekeeping, subject to disposal under par. (a).

DOC 379.10(7)(c) (c) The institution shall not be responsible for damage due to storage or disposal after release or escape.

DOC 379.10(7)(d) (d) Upon the death of a youth and satisfactory identification of the parents, the superintendent shall:

DOC 379.10(7)(d)1. 1. Prepare an affidavit for transfer of property under s. 867.03, Stats., if the property and funds of the deceased youth have a value of more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and shall be filed with the institution prior to transfer of property to the parent in accordance with s. 867.03, Stats.

DOC 379.10(7)(d)2. 2. Property with a value of $10,000 or more is to be managed in accordance with s. 867.01, Stats.

DOC 379.10(7)(e) (e) Items received at an institution but not approved shall be disposed of consistent with s. DOC 376.17.

DOC 379.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.11 DOC 379.11 Religion.

DOC 379.11(1) (1) Religious beliefs and practice.

DOC 379.11(1)(a) (a) The department may not discriminate against a youth on the basis of the youth’s religious beliefs. The superintendent may modify a youth’s religious practices based on health and safety considerations, the security and order of the institution, the rehabilitation goals of the youth and fiscal and operational limitations.

DOC 379.11(1)(b) (b) The department may not require a youth to participate in religious activities but may maintain information concerning a youth’s religious activities for administrative purposes.

DOC 379.11(1)(c) (c) To the extent reasonable, institutions shall make facilities and other resources available to youth for religious practices permitted under sub. (2).

DOC 379.11(2) (2) Youth participating in religious practices.

DOC 379.11(2)(a) (a) A youth who wants to participate in religious practices or request a change in religious programming, diet, special foods or authorized property that involves others or that affects the youth’s appearance or institution routines shall submit a written request to the superintendent for permission to participate in the religious practice. The request shall include a statement that the youth professes or adheres to a particular religion and shall specify the practices and tenets of the religion in which the youth requests permission to participate.

DOC 379.11(2)(b) (b) Upon receipt of the request the superintendent shall, with the assistance of a chaplain or staff with appropriate religious training, determine if the request is supported by tenets of the religion.

DOC 379.11(2)(c) (c) In determining whether the request is supported by tenets of the religion the superintendent may consider any of the following:

DOC 379.11(2)(c)1. 1. Whether there is literature stating religious principles that support the belief.

DOC 379.11(2)(c)2. 2. Whether the beliefs are recognized by a group of persons who share common ethical, moral or intellectual views.

DOC 379.11(2)(d) (d) The superintendent shall deny the request if the tenets of the religion or a reasonable variation of those tenets do not support the request.

DOC 379.11(2)(e) (e) If the superintendent determines that the request is supported by tenets of the religion, the superintendent shall grant permission to participate in practices that are consistent with orderly confinement, security of the institution and fiscal, staff and space limitations.

DOC 379.11(2)(f) (f) The superintendent shall establish written guidelines consistent with this section and institution security needs to govern youth participation in religious practices. The guidelines shall be made available to all youth.

DOC 379.11(2)(g) (g) The superintendent shall require a youth to identify a religious preference, if any, to participate in religious activities. A youth may change this religious preference once every six months.

DOC 379.11(3) (3) Religious services and prayers.

DOC 379.11(3)(a) (a) Each superintendent shall, upon the recommendation of a chaplain or staff with appropriate religious training, coordinate religious programming to the extent possible at the times prescribed or encouraged by the youth’s religion.

DOC 379.11(3)(b) (b) The superintendent may, upon the recommendation of a chaplain or staff with appropriate religious training, permit representatives of approved religious groups from outside the institution to visit youth, hold services and provide counseling and services commonly provided by chaplains.

DOC 379.11(4) (4) Religious property. A superintendent may permit youth to possess approved religious property required by the youth’s religion in accordance with sub. (2).

DOC 379.11(5) (5) Dietary laws.

DOC 379.11(5)(a) (a) To the extent possible, the institution shall plan meals so that youth may maintain a nutritious diet while complying with dietary restrictions prescribed by the youth’s approved religion.

DOC 379.11(5)(b) (b) An institution may accommodate youth requests for special foods for religious observances.

DOC 379.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.12 DOC 379.12 Leisure time activities. Each institution shall provide the youth in the general population with structured and approved leisure time activity, including outdoor recreation, on a regular basis consistent with security, available resources and the priorities of school attendance, scheduled programs and work. Outdoor leisure time activities shall be provided when weather conditions do not pose a risk to health and safety.

DOC 379.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.13 DOC 379.13 Education programs.

DOC 379.13(1) (1) Institutions shall make the following educational programs and services available to youth:

DOC 379.13(1)(a) (a) Elementary education, as appropriate.

DOC 379.13(1)(b) (b) Junior high school/middle school classes.

DOC 379.13(1)(c) (c) Special education for students with exceptional educational needs.

DOC 379.13(1)(d) (d) High school credit-generating classes.

DOC 379.13(1)(e) (e) High school equivalency programs.

DOC 379.13(1)(f) (f) Training in independent living skills.

DOC 379.13(1)(g) (g) Pre-vocational and vocational/technical education including work experience.

DOC 379.13(1)(h) (h) Reintegration services at the time the youth is released from the institution, including transfer of records and consultation with education staff at the school the youth will attend in the community.

DOC 379.13(2) (2) Teachers and staff shall meet state licensing or training requirements from the department of public instruction or the technical college system board. Teachers are required to obtain and maintain their required license or certification.

DOC 379.13(3) (3) A youth under the age of 18 years who has not earned a high school diploma or high school equivalency diploma will participate in an education program as required by law.

DOC 379.13(4) (4) A youth 18 years or older who has not earned a high school diploma or high school equivalency diploma may participate in educational or vocational programming, but is not legally required to participate.

DOC 379.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.14 DOC 379.14 Social services. Each institution shall provide social services for youth. The superintendent shall insure sufficient licensed social worker time to deliver the services necessary to meet the identified goals and objectives in each youth’s individual case plan consistent with s. DOC 371.10 (4).

DOC 379.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.15 DOC 379.15 Health services.

DOC 379.15(1) (1) Youth shall have access to health care services.

DOC 379.15(2) (2) Ordinary medical and dental care shall be provided to youth consistent with s. 938.505 (1), Stats.

DOC 379.15(3) (3) Qualified health care providers shall provide health care based on professionally recognized standards in accordance with state and federal requirements.

DOC 379.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 379.16 DOC 379.16 Food and liquids.

DOC 379.16(1) (1) The department shall provide nutritious food for all youth. Meals shall satisfy standards of nutrition which meet or exceed the recommended dietary allowances of the food and nutrition board of the national academy of sciences of the national research council and the department of public instruction.