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.