DOC 379.10DOC 379.10Property.
DOC 379.10(1)(1)Possession of property. Youth are permitted to have a limited and specified amount of property in their possession in an institution in accordance with this section. The institution shall establish policies and procedures under this section relating to the acquisition, possession, use and disposal of property.
DOC 379.10(2)(2)Property list. Each institution shall develop and maintain a list of the personal property items permitted at the institution. The list may establish limitations as to the value, type of property and number of particular items. The superintendent may approve additions to the property list if the additions further program goals. Youth shall be provided with a copy of the list when they arrive at the institution and any changes made subsequent to their arrival.
DOC 379.10(3)(3)Acquiring property. Methods approved by a superintendent to acquire personal property may include any of the following:
DOC 379.10(3)(a)(a) Purchase from the institution canteen.
DOC 379.10(3)(b)(b) Purchase from an approved retail outlet.
DOC 379.10(3)(c)(c) Delivery by approved visitors or mail.
DOC 379.10(3)(d)(d) Other methods approved by the superintendent.
DOC 379.10(4)(4)Inventory. Each institution shall monitor property in a youth’s possession. A written inventory shall be maintained of all authorized property in a youth’s possession. A youth is responsible for notifying the institution immediately if a discrepancy exists between the inventory and the property in the youth’s possession.
DOC 379.10(5)(5)Cost of property. The cost of personal property items, except those that are medically prescribed, may not exceed an amount approved by the superintendent for each item, excluding taxes and shipping cost. Personal property shall be inventoried for its value and an institution property receipt shall be provided.
DOC 379.10(6)(6)Institution liability for property. The institution is not financially liable for the personal property of youth, unless staff negligence is the proximate cause of loss or damage. If staff have negligently caused loss or damage to a youth’s personal property, the institution’s liability is limited to the value of the property or the cost of repair, whichever is less, at the time of loss or damage, not to exceed the purchase price.
DOC 379.10(7)(7)Disposal of property.
DOC 379.10(7)(a)(a) Each superintendent shall develop policies and procedures, subject to approval of the administrator and consistent with s. DOC 376.17, relating to the disposal of personal property of youth within the institution. Youth may choose the method of disposal, subject to security concerns.
DOC 379.10(7)(b)(b) Upon the escape of a youth, the institution shall collect all personal property of the youth as soon as possible, prepare an inventory of the property and place the property in a secure area for safekeeping, subject to disposal under par. (a).
DOC 379.10(7)(c)(c) The institution shall not be responsible for damage due to storage or disposal after release or escape.
DOC 379.10(7)(d)(d) Upon the death of a youth and satisfactory identification of the parents, the superintendent shall:
DOC 379.10(7)(d)1.1. Prepare an affidavit for transfer of property under s. 867.03, Stats., if the property and funds of the deceased youth have a value of more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and shall be filed with the institution prior to transfer of property to the parent in accordance with s. 867.03, Stats.
DOC 379.10(7)(d)2.2. Property with a value of $10,000 or more is to be managed in accordance with s. 867.01, Stats.
DOC 379.10(7)(e)(e) Items received at an institution but not approved shall be disposed of consistent with s. DOC 376.17.
DOC 379.10 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 379.11DOC 379.11Religion.
DOC 379.11(1)(1)Religious beliefs and practice.
DOC 379.11(1)(a)(a) The department may not discriminate against a youth on the basis of the youth’s religious beliefs. The superintendent may modify a youth’s religious practices based on health and safety considerations, the security and order of the institution, the rehabilitation goals of the youth and fiscal and operational limitations.
DOC 379.11(1)(b)(b) The department may not require a youth to participate in religious activities but may maintain information concerning a youth’s religious activities for administrative purposes.
DOC 379.11(1)(c)(c) To the extent reasonable, institutions shall make facilities and other resources available to youth for religious practices permitted under sub. (2).
DOC 379.11(2)(2)Youth participating in religious practices.
DOC 379.11(2)(a)(a) A youth who wants to participate in religious practices or request a change in religious programming, diet, special foods or authorized property that involves others or that affects the youth’s appearance or institution routines shall submit a written request to the superintendent for permission to participate in the religious practice. The request shall include a statement that the youth professes or adheres to a particular religion and shall specify the practices and tenets of the religion in which the youth requests permission to participate.
DOC 379.11(2)(b)(b) Upon receipt of the request the superintendent shall, with the assistance of a chaplain or staff with appropriate religious training, determine if the request is supported by tenets of the religion.
DOC 379.11(2)(c)(c) In determining whether the request is supported by tenets of the religion the superintendent may consider any of the following: