Chapter DOC 393

Chapter DOC 393

YOUTH AFTERCARE CONDUCT AND REVOCATION

DOC 393.01   Authority and purpose.

DOC 393.02   Applicability.

DOC 393.03   Definitions.

DOC 393.04   Responsibilities of the aftercare provider.

DOC 393.05   Expected conduct.

DOC 393.06   Use of force.

DOC 393.07   Mechanical restraints.

DOC 393.08   Chemical agents and weapons.

DOC 393.09   Search and seizure.

DOC 393.10   Custody and transporting.

DOC 393.11   Finding of violation.

DOC 393.12   Staff response to alleged violation.

DOC 393.13   Violation report.

DOC 393.14   Preparation for revocation hearing.

DOC 393.15   Procedure for youth on state aftercare when hearing right is waived.

DOC 393.16   Procedure for youth on county aftercare when hearing right is waived.

DOC 393.17   Petition for change in placement by the court.

DOC 393.18   Revocation hearing.

DOC 393.19   Return of a youth to a type 1 secured correctional facility.

DOC 393.20   Youth complaint procedure.

Ch. DOC 393 Note Note: Chapter HSS 343 as it existed on June 30, 2000 was repealed and a new Chapter DOC 393 was created, Register, June, 2000, No. 534, effective July 1, 2000.

Ch. DOC 393 Note Note: This chapter applies to the Department of Corrections and the Department of Children and Families according to their respective responsibilities as designated in ch. 938, Stats., until such time as each of the departments can adopt separate rules.

DOC 393.01 DOC 393.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 301.025, 938.357 (5) (g) and 938.48 (16), Stats., to establish rules of conduct for youth who are on state or county supervised aftercare, including standards and procedures for dealing with violations of expected conduct and procedures to revoke a youth’s aftercare status.

DOC 393.01 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.02 DOC 393.02 Applicability. This chapter applies to the department, to a county department that operates an aftercare program, to any youth on aftercare under a court order issued pursuant to s. 938.34, Stats., and to any youth on aftercare under a court order issued pursuant to s. 48.34, 1993 Stats., or s. 48.366, Stats., relating to extended jurisdiction.

DOC 393.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.03 DOC 393.03 Definitions. In this chapter:

DOC 393.03(1) (1) “Administrative detention” means secure, temporary confinement of a youth in a type 1 secured correctional facility, an approved juvenile detention center or the approved juvenile section of a county jail pending the completion of a violation investigation, the outcome of a revocation proceeding or the placement of a youth in an authorized placement as an alternative to revocation.

DOC 393.03(2) (2) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 393.03(3) (3) “Aftercare” means the aftercare supervision status of a youth, as used in s. 938.34 (4n), Stats., who is released from a type 1 or type 2 secured correctional facility by the office of juvenile offender review or by action of a court under s. 938.357, Stats., and is supervised outside of a type 1 or type 2 secured correctional facility by the department or a county department until the expiration or termination of the youth’s court ordered supervision.

DOC 393.03(4) (4) “Aftercare provider” means the department or a county department designated by a juvenile court under s. 938.34 (4n), Stats., to provide aftercare supervision or the department under s. 938.532 (3), Stats.

DOC 393.03 Note Note: Section 938.532 (3), Stats., was repealed by 2003 Wis. Act 33.

DOC 393.03(5) (5) “Agent” means a person employed by the department or a county department who provides aftercare supervision or type 2 status supervision for a youth and who is authorized to make decisions regarding aftercare or type 2 status supervision.

DOC 393.03(6) (6) “Alternate care placement” means the placement of a youth, other than a youth on type 2 status, in a residential living arrangement other than the parental home.

DOC 393.03(7) (7) “Corrective action” means an action taken by the department or a county department to correct a youth’s behavior that may include, but is not limited to, education, development of life skills or vocational skills or community service.

DOC 393.03(8) (8) “Corrective sanctions program” means the program under s. 938.533, Stats.

DOC 393.03(9) (9) “County department” means the county department under s. 46.215, 46.22 or 46.23, Stats.

DOC 393.03(10) (10) “County director” means the director of the county department or that person’s designee.

DOC 393.03(11) (11) “County intake worker” means a person designated under s. 938.06 (3), Stats., to provide intake services.

DOC 393.03(12) (12) “Day” means a calendar day.

DOC 393.03(13) (13) “Department” means the Wisconsin department of corrections.

DOC 393.03(14) (14) “Division” means the department’s division of juvenile corrections.

DOC 393.03(15) (15) “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 mechanical restraints or physical force.

DOC 393.03(16) (16) “Hearing examiner” means an attorney employed by the Wisconsin department of administration to conduct revocation hearings under this chapter.

DOC 393.03(17) (17) “Incapacitating agent” means any commercially manufactured device or chemical agent used by the department to temporarily control a youth.

DOC 393.03(18) (18) “Investigation” means a process of fact-finding to determine whether a violation of aftercare has occurred, including the period of time needed to determine the appropriate action if a violation is substantiated.

DOC 393.03(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 393.03(20) (20) “OJOR” means the division’s office of juvenile offender review.

DOC 393.03(21) (21) “Regional chief” means a division regional manager responsible for oversight of community correctional services, or that person’s designee.

DOC 393.03(22) (22) “Staff” means an employee of the department or a county department.

DOC 393.03(23) (23) “Summary disposition” means a written determination that a violation was committed and a consequence other than revocation shall be imposed.

DOC 393.03(24) (24) “Superintendent” means the superintendent of a Type 1 secured correctional facility or that person’s designee.

DOC 393.03(25) (25) “Supervision” has the meaning given in s. 938.505 (1), Stats.

DOC 393.03(26) (26) “Supervisor” means a department or a county department employee responsible for the supervision or administration of juvenile aftercare supervision, or that person’s designee.

DOC 393.03(27) (27) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 393.03(28) (28) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 393.03(29) (29) “Type 2 status” means the status of a youth who is placed by the department in a type 2 secured correctional facility, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (am) or (c), Stats., is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.

DOC 393.03(30) (30) “Violation report” means a written report prepared by staff which describes facts relating to an alleged violation by a youth.

DOC 393.03(31) (31) “Youth” means a person under the supervision of the department or a county department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 48.366, Stats., regardless of age.

DOC 393.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (29) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 393.04 DOC 393.04 Responsibilities of the aftercare provider. The department or county department providing aftercare shall make reasonable efforts to ensure all of the following regarding a youth on aftercare:

DOC 393.04(1) (1) The youth is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.

DOC 393.04(2) (2) The youth is protected from abuse or neglect.

DOC 393.04(3) (3) The youth is provided with accessible and usable services, and any reasonable accommodations and services needed to benefit from correctional programming.

DOC 393.04(4) (4) The youth is provided with an interpreter if his or her ability to speak, understand, read or write English is limited.

DOC 393.04(5) (5) The youth is placed in the youth’s parental home when this is consistent with correctional programming and the protection of the public.

DOC 393.04(6) (6) The youth is involved in planning his or her ongoing correctional program.

DOC 393.04(7) (7) The youth has appropriate access to the courts and legal counsel.

DOC 393.04(8) (8) The youth has access to appropriate department, county department and community programs and services consistent with the protection of the public and the youth’s needs.

DOC 393.04(9) (9) The youth has his or her educational, vocational, drug or alcohol abuse, health, mental health and other programming needs met.

DOC 393.04(10) (10) The youth may visit, use the mail and communicate with family members or an attorney within reasonable guidelines established by the department or a county department.

DOC 393.04(11) (11) The youth may participate in authorized recreational and religious activities.

DOC 393.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (1) Register June 2020 No. 774, eff. 7-1-20.

DOC 393.05 DOC 393.05 Expected conduct.

DOC 393.05(1) (1) A youth’s agent shall inform the youth orally and in writing of the conduct rules imposed by the agent and the conditions imposed by the court. All of the following conduct rules apply to a youth on aftercare:

DOC 393.05(1)(a) (a) The youth may not violate any state, federal or municipal law or regulation.

DOC 393.05(1)(b) (b) The youth shall report any arrest or law enforcement contact to his or her agent as soon as possible, but no later than 72 hours after the arrest or contact. If a youth is taken into custody, the youth shall inform the law enforcement officer and any intake worker of his or her aftercare status and the name and agency of his or her agent.

DOC 393.05(1)(c) (c) The youth shall cooperate with his or her agent and fully participate in the youth’s aftercare program.

DOC 393.05(1)(d) (d) The youth shall be completely truthful with his or her agent at all times.

DOC 393.05(1)(e) (e) The youth shall keep all scheduled appointments with the agent and all service providers.

DOC 393.05(1)(f) (f) The youth shall report to and inform his or her agent of the youth’s whereabouts and activities as directed and may not go to or be present at any place prohibited by the agent.

DOC 393.05(1)(g) (g) The youth shall obtain prior permission from his or her agent to terminate employment or change employment or to drop out of or change an educational or vocational program. If an unforeseen situation occurs causing the youth to act without prior permission, the youth shall notify the agent of the change as soon as possible, but not later than 72 hours after the change.

DOC 393.05(1)(h) (h) If the youth resides with his or her parents or guardian, the youth shall notify his or her agent of the family’s change of residence in advance of the change, except when this is not possible, the youth shall notify his or her agent of the change as soon as possible, but not later than 72 hours after the change.

DOC 393.05(1)(i) (i) If the youth is in an alternate care placement, the youth shall obtain advance permission from his or her agent before requesting or making a change of residence.

DOC 393.05(1)(j) (j) The youth may not leave the state of Wisconsin unless the youth obtains prior permission and a signed travel permit from his or her agent.

DOC 393.05(1)(k) (k) The youth may not purchase, own, carry or possess a firearm, knife, any other weapon, or ammunition without prior written authorization of his or her agent. An agent may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under s. 941.29, Stats., any other state law, federal law, municipal ordinance or court order.