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.