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(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 HistoryHistory: 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(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 396.12DOC 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)(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.