DOC 373.04 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (7) Register June 2020 No. 774, eff. 7-1-20.

DOC 373.05DOC 373.05 Conduct rules. Conduct rules define prohibited youth conduct and are described under ss. DOC 373.14 to 373.65. The conduct rules apply to each youth at all times while assigned to the supervision of an institution, regardless of where the violation was committed or attempted.

DOC 373.06(1)(1) A youth may not violate conduct rules.

DOC 373.06(2)(2) Violations of the conduct rules shall be resolved in accordance with this chapter.

DOC 373.07(1)(1) A youth is guilty of an attempt to violate a conduct rule if all of the following are true:

DOC 373.07(1)(a)(a) The youth intended to do something that would have been a conduct rule violation.

DOC 373.07(1)(b)(b) The youth committed an act that demonstrated intent to violate a conduct rule.

DOC 373.07(2)(2) The penalty for an attempt to violate a conduct rule is the same as the penalty for violating that conduct rule.

DOC 373.07(3)(3) A youth may be charged with both a substantive conduct rule violation and with an attempt to commit that conduct rule violation, based on the same incident, but may be found guilty of only one.

DOC 373.08(1)(1) A youth is guilty of aiding and abetting a conduct rule violation if the youth intentionally does any of the following:

DOC 373.08(1)(a)(a) Encourages, directs, commands, hires, coerces, requests or signals another youth to commit a conduct rule violation.

DOC 373.08(1)(b)(b) Assists another person, prior to a conduct rule violation, in planning or preparing for committing a conduct rule violation, with intent that the conduct rule violation be committed.

DOC 373.08(1)(c)(c) Assists another person during commission of a conduct rule violation, whether or not this assistance was planned in advance.

DOC 373.08(1)(d)(d) Destroys evidence of a conduct rule violation committed by another person or otherwise helps to prevent discovery of a conduct rule violation or of the person who committed the violation.

DOC 373.08(2)(2) If a youth knows of a plan to commit a conduct rule violation or knows of the commission of a conduct rule violation, failure of the youth to report the plan or commission is a conduct rule violation.

DOC 373.08(3)(3) A youth may be charged with both a substantive conduct rule violation and aiding and abetting or knowing of that conduct rule violation, based on the same incident, but may be found guilty of only one.

DOC 373.08(4)(4) A youth may be charged and found guilty of aiding and abetting or knowing of a conduct rule violation even if no one is charged or found guilty of committing the conduct rule violation.

DOC 373.08(5)(5) The penalty for aiding and abetting or knowing of a conduct rule violation shall normally be the same as for the substantive conduct rule violation.

DOC 373.08(6)(6) The penalty for a youth who aids and abets or knows of a conduct rule violation need not be based in any way on the penalty, if any, for the youth who actually committed the conduct rule violation.

DOC 373.09DOC 373.09 Defenses. The following, if established by a youth by a preponderance of the evidence are complete defenses to alleged violations of the conduct rules under this chapter:

DOC 373.09(1)(1) Mental incapacity. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.

DOC 373.09(2)(2) Involuntary intoxication. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.