Chapter DOC 393

DOC 393.09(1) (1) General. Staff may conduct a search of a youth and a youth’s living quarters or property at any time, subject to this section. In this section:

DOC 393.09(1)(a) (a) “Living quarters” means a private bedroom, common familial or communal living areas and areas under a youth’s control or to which the youth has access, including, but not limited to, the grounds and motor vehicles.

DOC 393.09(1)(b) (b) “Property” means objects under a youth’s control, regardless of ownership.

DOC 393.09(2) (2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

DOC 393.09(2)(a) (a) When staff have a reasonable belief that a youth possesses contraband.

DOC 393.09(2)(b) (b) After the youth has been taken into custody and before transporting the youth.

DOC 393.09(2)(c) (c) Upon release from a secure detention center or type 1 secured correctional facility or other secured confinement.

DOC 393.09(2)(d) (d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

DOC 393.09(2)(e) (e) At random with the prior authorization of a supervisor.

DOC 393.09(2)(f) (f) At the direction of a supervisor.

DOC 393.09(3) (3) Strip search.

DOC 393.09(3)(a) (a) A strip search may be conducted in addition to a personal search for any reason stated in sub. (2) only when staff have a reasonable belief that the youth is concealing contraband secreted within the youth’s underclothing or external body areas, and the youth refuses to voluntarily give the suspected contraband to staff.

DOC 393.09(3)(b) (b) Staff shall obtain prior approval from a supervisor before conducting a strip search. The supervisor may approve the strip search if the supervisor determines that the requirements of par. (a) are met.

DOC 393.09(3)(c) (c) A strip search shall be conducted in a clean and private place by a person of the same sex as the youth being searched. The search shall be conducted by two persons of the same sex as the youth when possible.

DOC 393.09(4) (4) Body contents search.

DOC 393.09(4)(a) (a) Staff may conduct a body contents search if staff have a reasonable belief that a youth has consumed an intoxicating substance or is concealing contraband in a manner that might be discovered by such a search and prior authorization has been obtained from a supervisor.

DOC 393.09(4)(b) (b) Staff may require a youth to submit to routine drug and alcohol tests for cause as part of a routine testing of all youth in a program or as part of a random testing program.

DOC 393.09(4)(c) (c) When an agent or supervisor requires that collection of a urine specimen be observed, staff of the same sex as the youth shall observe and collect the urine specimen.

DOC 393.09(4)(d) (d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.

DOC 393.09(4)(e) (e) X-rays may be conducted only by licensed radiology personnel.

DOC 393.09(5) (5) Reasonable grounds to believe. In deciding whether a reasonable belief exists under subs. (2), (3) and (4), all of the following shall be considered:

DOC 393.09(5)(a) (a) Observations of staff.

DOC 393.09(5)(b) (b) Information provided by a reliable informant.

DOC 393.09(5)(c) (c) Prior seizures of contraband from the person or living quarters of the youth.

DOC 393.09(6) (6) Search of living quarters and property.

DOC 393.09(6)(a) (a) Staff may search a youth’s property and living quarters at any time with the approval of a supervisor. Whenever practical, staff may request the assistance of law enforcement authorities to assist in a search.

DOC 393.09(6)(b) (b) If a parent or other adult with whom a youth resides denies access to any part of the property or living quarters referred to in par. (a), the youth’s agent may require the youth to move to another placement approved by the department.

DOC 393.09(6)(c) (c) There is no requirement that there be any evidence that contraband is concealed in the property or living quarters of a youth before a search is conducted.

DOC 393.09(6)(d) (d) A supervisor shall approve a search before it occurs, unless exigent circumstances, such as suspicion that the youth will destroy contraband or use a weapon, require a search without approval.

DOC 393.09(6)(e) (e) Staff who conduct a search shall prepare a written report of the search which shall state all of the following:

DOC 393.09(6)(e)1. 1. The identity of staff who conducted the search and the supervisor who approved it.

DOC 393.09(6)(e)2. 2. The date and time of the search.

DOC 393.09(6)(e)3. 3. The identity of the youth whose residence or property was searched.

DOC 393.09(6)(e)4. 4. The location of the property which was searched.

DOC 393.09(6)(e)5. 5. The reason for conducting the search and whether the search was a random search.

DOC 393.09(6)(e)6. 6. Any objects that were seized pursuant to the search.

DOC 393.09(6)(e)7. 7. Whether any damage was done to the premises during the search.

DOC 393.09(6)(f) (f) If any objects were seized or property was damaged during the search of a youth’s property or living quarters, the youth shall be informed in writing. A youth shall be reimbursed for the repair or replacement of damaged property that is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

DOC 393.09(6)(g) (g) Staff shall confiscate items believed to be contraband and report those items to the appropriate law enforcement authorities. Contraband shall be disposed of consistent with s. DOC 376.18.

DOC 393.09(6)(h) (h) In conducting a search, staff shall disturb the effects of a youth as little as possible, consistent with thoroughness.

DOC 393.09(6)(i) (i) Staff shall not read legal materials belonging to a youth during a search.

DOC 393.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.10 DOC 393.10 Custody and transporting.

DOC 393.10(1) (1) General. Staff may request that law enforcement authorities take a youth into custody and transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility whenever practical. When assistance is not available, staff may take a youth into custody and transport the youth in accordance with this section.

DOC 393.10(2) (2) Transporting. When staff takes a youth custody, the youth shall be transported as soon as practical.

DOC 393.10(3) (3) Personnel. Staff shall transport a youth in a secure manner to a secure facility and adequate staff shall supervise the transport consistent with department policies and procedures.

DOC 393.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.11 DOC 393.11 Finding of violation. A youth may be found to have violated a conduct rule or a court-ordered condition of aftercare under s. DOC 393.05 if any of the following applies:

DOC 393.11(1) (1) The youth committed the conduct prohibited by the conduct rule or court-ordered condition.

DOC 393.11(2) (2) The youth was convicted or was adjudicated delinquent for violating a criminal law or municipal ordinance.

DOC 393.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.12 DOC 393.12 Staff response to alleged violation.

DOC 393.12(1) (1) Investigation. An agent who has reason to believe that a youth violated a conduct rule or court-ordered condition of aftercare shall investigate the matter. The investigation shall include an interview with the youth to discuss the alleged violation within a reasonable period of time after the agent becomes aware of the allegation.

DOC 393.12(2) (2) Action. If following the investigation under sub. (1), the agent concludes that a youth committed a violation, the agent shall take one of the following actions:

DOC 393.12(2)(a) (a) Counseling.

DOC 393.12(2)(a)1. 1. ‘Procedure.’ If the violation is minor and does not present a substantial or immediate risk to the community or the youth, the agent may review the conduct rules and court-ordered conditions of aftercare with the youth, inform the youth why the conduct is a violation and direct the youth to take corrective action. Counseling may be the appropriate course of action if any of the following apply:

DOC 393.12(2)(a)1.a. a. The youth is unfamiliar with the conduct rule or court-ordered condition.

DOC 393.12(2)(a)1.b. b. The youth has not previously violated the same or a closely related conduct rule or court-ordered condition.

DOC 393.12(2)(a)1.c. c. The youth is unlikely to repeat the behavior if warned and counseled.

DOC 393.12(2)(a)1.d. d. The youth’s ability to understand the conduct rules or court-ordered conditions is limited or impaired.

DOC 393.12(2)(a)1.e. e. Summary disposition or revocation is not appropriate.

DOC 393.12(2)(a)2. 2. ‘Record.’ The agent shall place a brief written record in the youth’s supervision file that describes the youth’s violation and the counseling the agent provided to the youth.

DOC 393.12(2)(b) (b) Summary disposition.

DOC 393.12(2)(b)1. 1. ‘Procedure.’ The agent may inform the youth that the youth’s conduct is in violation of a conduct rule or court-ordered condition of aftercare and do one or more of the following:

DOC 393.12(2)(b)1.a. a. Explain the conduct rules and court-ordered conditions and warn the youth that further violations may result in revocation of the youth’s aftercare.

DOC 393.12(2)(b)1.b. b. Modify or supplement the conduct rules.

DOC 393.12(2)(b)1.c. c. Require the youth to take corrective action.

DOC 393.12(2)(b)1.d. d. Further restrict the youth’s placement or supervision.

DOC 393.12(2)(b)2. 2. ‘Report.’ When the agent imposes a summary disposition, the agent shall prepare a written violation report consistent with s. DOC 393.13.

DOC 393.12(2)(b)3. 3. ‘Appeal.’

DOC 393.12(2)(b)3.a. a. A youth may appeal a summary disposition to the next supervisory level within the department or the county department either orally or in writing within 5 days of its imposition. That supervisor shall review the action and issue a final written decision within 5 working days of receipt of the appeal. The agent shall record the appeal decision in the youth’s file. If the supervisor does not issue a written decision within 5 working days, the disposition is upheld.

DOC 393.12(2)(b)3.b. b. The filing of an appeal by a youth may not delay the imposition of the summary disposition pending outcome of the appeal.

DOC 393.12(2)(c) (c) Initiation of revocation proceedings. The agent may recommend to the department or county department that revocation proceedings be initiated. The department or county department shall consider the following prior to initiating revocation proceedings:

DOC 393.12(2)(c)1. 1. The youth’s committing offense.

DOC 393.12(2)(c)2. 2. The youth’s past conduct and the positive and negative adjustments while on aftercare.

DOC 393.12(2)(c)3. 3. Previous violations that have occurred and the disposition of each.

DOC 393.12(2)(c)4. 4. The seriousness of the violation.

DOC 393.12(2)(c)5. 5. The alternatives to revocation.

DOC 393.12(2)(c)6. 6. Why alternatives to revocation are not appropriate and have been rejected.

DOC 393.12(3) (3) Revocation of youth under extended jurisdiction.

DOC 393.12(3)(a) (a) The aftercare revocation procedures in ss. DOC 393.14 to 393.16 and 393.18 do not apply to a youth subject to extended jurisdiction under s. 48.366, Stats.

DOC 393.12(3)(b) (b) When the aftercare provider decides to initiate revocation proceedings for a youth subject to extended jurisdiction, the aftercare provider shall file a petition for revision of the court order with the committing court requesting revocation of the youth’s aftercare status.

DOC 393.12(4) (4) Administrative detention.

DOC 393.12(4)(a) (a) If an aftercare provider initiates revocation proceedings, the aftercare provider may place a youth under its supervision on administrative detention pending the outcome of the revocation proceedings. The administrative detention decision shall be based upon the alleged violation and the youth’s past conduct. The aftercare provider may hold the youth on administrative detention if it is likely that any of the following will occur if the youth remains in the current placement:

DOC 393.12(4)(a)1. 1. The youth will seek to intimidate a witness in a pending investigation, disciplinary action or revocation action.

DOC 393.12(4)(a)2. 2. The youth will encourage others by example, expressly or by the youth’s presence, to defy staff authority and thereby erode the staff’s ability to control a particular situation.

DOC 393.12(4)(a)3. 3. The youth will present a substantial danger to the physical safety of himself or herself or another person.

DOC 393.12(4)(a)4. 4. The youth will attempt to flee.

DOC 393.12(4)(a)5. 5. Criminal, disciplinary or revocation proceedings will be inhibited.