Chapter DOC 396

DOC 396.08(3) (3) Notice of possible termination. The copy of the conduct rules signed by a youth under sub. (1) shall include the following notice: “These conduct rules are in addition to any court-ordered conditions. Your aftercare may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of these conduct rules.”

DOC 396.08 Note Note: The terminology in the Notice referring to “aftercare” and “revocation” should be modified for a youth on type 2 status to “type 2 status” and to “terminated.”

DOC 396.08(4) (4) Explanation of the conditions and rules. A youth’s agent shall explain the conduct rules and any court-ordered conditions to the youth, the parent or adult with whom the youth will reside. The agent shall also explain what sanctions may be imposed for violation of the conduct rules or court-ordered conditions, including removal from the program and return to a type 1 secured correctional facility or if placed in a less restrictive placement, return to a type 2 secured correctional facility or other residential placement.

DOC 396.08(5) (5) Acceptance of conditions. The agent shall prepare a written statement of the conduct rules and court-ordered conditions of the youth’s program that apply to the youth and to the supervising adult or adults with whom the youth resides. The youth and the adult(s) shall sign the document stating their acceptance and agreement with the rules and conditions. The document shall state that failure to comply with all rules and conditions may result in revision of the rules and conditions, changes in the case plan, return to a type 1 or type 2 secured correctional facility or application of any other sanction allowed by law.

DOC 396.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.09 DOC 396.09 Responsibilities of staff.

DOC 396.09(1) (1) General responsibilities. All of the following apply to youth and staff shall require that each youth:

DOC 396.09(1)(a) (a) 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 396.09(1)(b) (b) Is protected from abuse or neglect.

DOC 396.09(1)(c) (c) Is provided with an interpreter if the youth’s ability to speak, understand, read or write English is limited.

DOC 396.09(1)(d) (d) Is placed in the youth’s parental home when this is consistent with the individual’s correctional programming and the protection of the public.

DOC 396.09(1)(e) (e) Is involved in planning his or her ongoing correctional program.

DOC 396.09(1)(f) (f) Has appropriate access to the courts and legal counsel.

DOC 396.09(1)(g) (g) Has access to appropriate department, county department and community programs and services consistent with the protection of the public and the youth’s individual needs.

DOC 396.09(1)(h) (h) Has his or her educational, vocational, drug or alcohol abuse, mental health and other programming needs addressed.

DOC 396.09(1)(i) (i) Has the opportunity to visit with and communicate orally or by mail with an attorney or persons approved by staff within reasonable guidelines established by the department or a placement agency.

DOC 396.09(1)(j) (j) Has the opportunity to participate in authorized recreational and leisure-time activities and appropriate religious activities.

DOC 396.09(1)(k) (k) Is monitored by CSP staff, if in the CSP program, 24 hours a day by a combination of programming, staff contacts and electronic monitoring.

DOC 396.09(2) (2) Periodic progress reports. At least once every 90 days following the placement of a youth in a type 2 secured correctional facility, the assigned agent shall write a progress summary as required by s. DOC 371.21 (3).

DOC 396.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (1) (a) Register June 2020 No. 774, eff. 7-1-20.

DOC 396.10 DOC 396.10 Discipline.

DOC 396.10(1) (1) In this section:

DOC 396.10(1)(a) (a) “Major offense” means a violation of one or more of the rules of supervision for which a major sanction may be imposed if the accused youth is found guilty. A major offense is an offense listed in s. DOC 373.11 (4) or any offense listed in the youth’s conduct rules which is identified as a major offense.

DOC 396.10(1)(b) (b) “Major sanction” means a temporary placement in a type 1 secured correctional facility or other sanction placement. An agent, with a supervisor’s approval, may impose a major sanction that does not exceed 5 days. A regional chief may impose a major sanction that does not exceed 14 days. The administrator may impose a major sanction that exceeds 14 days. A major sanction does not require review and approval of OJOR under ch. DOC 371.

DOC 396.10(1)(c) (c) “Minor offense” means a violation of one or more of the rules of supervision for which a minor sanction may be imposed if the accused youth is found guilty.

DOC 396.10(1)(d) (d) “Minor sanction” includes, but is not limited to, community service, restitution, loss of privileges, electronic monitoring or other programs prescribed by the department. A minor sanction does not include sanctions included in par. (b).

DOC 396.10(2) (2) A youth may receive a sanction under this chapter if the department determines, after completing a review under sub. (3), that the youth has committed one of the following:

DOC 396.10(2)(a) (a) A violation of a state or federal statute, a local ordinance.

DOC 396.10(2)(b) (b) A violation of the rules of any facility, institution, placement or program in which the youth is held or to which the youth is assigned.

DOC 396.10(2)(c) (c) A violation of this chapter.

DOC 396.10(2)(d) (d) A violation of the conduct rules.

DOC 396.10(3) (3) The review procedure to determine if a youth has committed a violation includes all of the following:

DOC 396.10(3)(a) (a) An agent may impose a minor sanction for a minor offense after completing an investigation.

DOC 396.10(3)(a)1. 1. The agent shall document the offense and the sanction in the youth’s file.

DOC 396.10(3)(a)2. 2. A youth may use the complaint procedure in s. DOC 396.21 to seek review of a decision to impose a minor sanction, except that filing a complaint shall not delay the imposition of a minor sanction.

DOC 396.10(3)(b) (b) A major offense shall be documented on a violation report prepared by a youth’s agent that shall include all of the following:

DOC 396.10(3)(b)1. 1. All of the facts obtained in the agent’s investigation, the proposed sanction and a written statement from the youth or a report of an oral statement from the youth.

DOC 396.10(3)(b)2. 2. The rule allegedly violated, how the rule was violated and the date and place of violation.

DOC 396.10(3)(b)3. 3. Witness statements or summaries of witness statements.

DOC 396.10(3)(b)4. 4. The evidence and the names of witnesses reported by the youth.

DOC 396.10(3)(b)5. 5. The efforts that were made by the agent to interview witnesses and gather evidence identified by the youth.

DOC 396.10(3)(c) (c) Issuance of a proper notice cures a defective notice.

DOC 396.10(3)(d) (d) A copy of the violation report shall be served on the youth within 5 days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report.

DOC 396.10(3)(e) (e) An agent may impose a major sanction after review and approval of a violation report by a supervisor under par. (d), service of the violation report on a youth and completion of the following appeal procedure:

DOC 396.10(3)(e)1. 1. A youth may appeal a violation report to a regional chief by service of a written appeal within 5 working days of receipt of the violation report. The regional chief who conducts the review shall not be the person who has imposed a sanction under this section.

DOC 396.10(3)(e)2. 2. If an appeal is to the regional chief’s designee, the designee shall not be the immediate supervisor of the agent who conducted the investigation.

DOC 396.10(3)(e)3. 3. The regional chief shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal. If the sanction is reversed, the supervisor ruling on the appeal shall direct that the sanction be removed from the youth’s record.

DOC 396.10(3)(e)4. 4. An appeal by a youth shall not delay the imposition of a major sanction.

DOC 396.10(4) (4) Chapters DOC 371 to 381, 383 and 392 and all type 1 secured correctional facility policies and procedures apply to a youth when the youth is transferred to a type 1 secured correctional facility for the period of the sanction.

DOC 396.10(4)(a) (a) When a youth is transferred to a placement other than a type 1 secured correctional facility as a sanction, all rules and policies of the placement apply to the youth.

DOC 396.10(4)(b) (b) Type 1 secured correctional facility staff may place the youth in a secured status or other program under close or modified confinement during the period of the sanction consistent with the youth’s needs and institution needs and subject to department rules and institution policies and procedure.

DOC 396.10(4)(c) (c) Close or modified confinement may not be used in a type 2 secured correctional facility operated by a child welfare agency.

DOC 396.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

DOC 396.11 DOC 396.11 Administrative detention.

DOC 396.11(1) (1) A youth may be placed in administrative detention by the youth’s agent or other staff with the approval of a supervisor and kept there if the supervisor is satisfied that there is a reasonable basis to believe that one or more of the following are true:

DOC 396.11(1)(a) (a) If the youth remains in the community or in the current placement the youth will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

DOC 396.11(1)(b) (b) If the youth remains in the current placement, the youth will encourage others by example, expressly, or by the youth’s presence, to defy staff authority and thereby erode the ability of staff to control a particular situation.

DOC 396.11(1)(c) (c) If the youth remains in the current placement, it will create a substantial danger to the physical safety of the youth or another person.

DOC 396.11(1)(d) (d) If the youth remains in the current placement, there is a substantial danger that the youth will try to flee.

DOC 396.11(1)(e) (e) If the youth remains in the current placement, a criminal, disciplinary or termination procedure under s. DOC 396.12 will thereby be inhibited.

DOC 396.11(1)(f) (f) If the youth remains in the current placement, there is a substantial danger that the youth will commit a crime.

DOC 396.11(1)(g) (g) If the youth remains in the current placement, there is a substantial risk that the youth will engage in an activity that violates a conduct rule or condition of program supervision.

DOC 396.11(1)(h) (h) The youth’s retention in the community placement will not accomplish the goals stated in s. DOC 396.01 (2).

DOC 396.11(2) (2) Notwithstanding sub. (1), an agent or other staff may take a youth into custody without prior supervisory approval if the decision maker reasonably believes that an urgent situation exists and that failure to immediately take the youth into custody may result in injury to some person, a violation of law or the youth’s escape.

DOC 396.11(3) (3) Supervisory staff shall review the placement of a youth in detention within 3 working days after it takes place. Before this review, staff shall provide the youth with the reason for detention in writing and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the youth’s response to the detention. If, upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the youth’s previous placement or alternative placement.

DOC 396.11(4) (4) No youth may remain in detention for more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), supervisory staff shall review the status of each youth in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the previous placement or alternative placement.

DOC 396.11(5) (5) A youth may be detained in a type 1 secured correctional facility, or other facility approved by the department.

DOC 396.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.12 DOC 396.12 Reasons for termination. A youth’s type 2 secured correctional placement or less restrictive placement may be terminated for any of the following reasons:

DOC 396.12(1) (1) There has been a change of circumstances, such as the loss, for any reason, of a residence, school or treatment program.

DOC 396.12(2) (2) The youth has committed one or more of the following violations:

DOC 396.12(2)(a) (a) The youth has violated a state or federal statute or local ordinance.

DOC 396.12(2)(b) (b) The youth has violated a department rule.

DOC 396.12(2)(c) (c) The youth has violated the rules of any facility, institution or program where the youth is held or to which the youth is assigned.

DOC 396.12(2)(d) (d) The youth has violated one or more of the conduct rules.

DOC 396.12(3) (3) In the discretionary judgment of the department, the transfer is reasonably calculated to serve the interests stated in s. DOC 396.01 (2).

DOC 396.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.13 DOC 396.13 Termination procedure.

DOC 396.13(1) (1) A proposed termination of placement under s. DOC 396.12 shall be reviewed by a supervisor.

DOC 396.13(2) (2) The supervisor may recommend one of the following to the administrator who shall make the determination:

DOC 396.13(2)(a) (a) Termination of the placement and transfer of the youth to a type 1 secured correctional facility.

DOC 396.13(2)(b) (b) Termination of the placement and transfer of the youth to a type 2 secured correctional facility if the youth was previously transferred from a type 2 secured correctional facility to a less restrictive placement.

DOC 396.13(2)(c) (c) Any other appropriate action.

DOC 396.13(3) (3) Prior to completion of the termination procedure, the department may take any action it considers necessary for protection of the public including administrative detention in a type 1 secured correctional facility or any other facility approved by the department to detain a youth.

DOC 396.13 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.14 DOC 396.14 Escape.

DOC 396.14(1) (1) Youth in CSP, the SJO program, a type 2 secured correctional facility or having been placed in a type 2 secured correctional facility by the department are subsequently placed in a less restrictive placement, are under the supervision of the department as defined in s. 938.505 (1), Stats., and are in custody as defined in s. 946.42 (1) (a), Stats.

DOC 396.14(2) (2) A youth has escaped if the youth is absent without permission or leaves one or more of the following placements or scheduled activities without permission:

DOC 396.14(2)(a) (a) The youth’s residence or other assigned placement.