DOC 376.16 DOC 376.16 Factors to consider to determine if a search is necessary. Prior to searching a visitor, a youth or other staff, staff shall determine that reasonable grounds or probable cause exists to believe the person being searched possesses contraband. Staff shall consider all of the following factors.

DOC 376.16(1) (1) The reliability of information provided by an informant indicating the existence of contraband by assessing whether the information is detailed, consistent and corroborated.

DOC 376.16(2) (2) The reliability of an informant by considering whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information.

DOC 376.16(3) (3) The activity of a visitor, youth or staff that relates to whether the person to be searched might carry contraband.

DOC 376.16(4) (4) The information provided by the person who may be searched which is relevant to whether the person possesses contraband.

DOC 376.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.17 DOC 376.17 Seizure and disposal of contraband.

DOC 376.17(1) (1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent and documented in accordance with s. DOC 376.13 (6). Items that are not contraband shall be returned to the owner consistent with facility policy and procedure. Contraband shall be returned to the owner, given to the appropriate law enforcement agency or disposed of in accordance with this section.

DOC 376.17(3) (3) Disposal of contraband shall be accomplished in one of the following ways:

DOC 376.17(3)(a) (a) Except as otherwise provided in this subsection, if the owner can be determined, the superintendent may direct that the contraband be returned to the owner.

DOC 376.17(3)(b) (b) Contraband that is unlawful to possess under state or federal law shall be given to the appropriate law enforcement agency.

DOC 376.17(3)(c) (c) Intoxicating substances shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(d) (d) Weapons shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

DOC 376.17(3)(e) (e) Currency, checks, and other negotiable instruments shall be returned to the owner unless the owner is determined to be a youth, in which case, these items shall be held in the youth’s account. If the owner cannot be determined, currency shall be placed in the state’s general fund. Checks and other negotiable instruments shall be given to the appropriate law enforcement agency.

DOC 376.17(3)(g) (g) Other property, whose ownership is unknown, shall be sold through the department’s purchasing office and proceeds of the sale shall be placed in the state’s general fund.

DOC 376.17(3)(h) (h) If it is determined that a youth is the owner of contraband that is lawful to possess, other than currency, but return of the contraband is inconsistent with the department’s rules or the facility’s policies and procedures, the superintendent shall do one of the following:

DOC 376.17(3)(h)1. 1. Give the contraband to the sheriff or a local law enforcement agency.

DOC 376.17(3)(h)2. 2. Store the contraband in the facility until the youth is discharged or otherwise released from the facility.

DOC 376.17(3)(h)3. 3. Deliver the contraband by mail or commercial carrier to a person on the youth’s visiting list at the expense of the youth.

DOC 376.17(3)(h)4. 4. Deliver the contraband to a person on the youth’s visiting list when the person visits the facility.

DOC 376.17(3)(h)5. 5. Destroy the contraband, consistent with facility policy and procedure.

DOC 376.17(4) (4) A youth who is the owner of property under sub. (3) shall receive notice of the proposed disposition of the property at least 3 days prior to the disposition. The youth may appeal the decision by filing a complaint under ch. DOC 380. The property shall not be disposed of until the complaint is resolved.

DOC 376.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003:. am. (1), r. (2), am. (3) (a), (b), (e), r. (3) (f), am. (3) (g), (h) (intro.), 2., 4., 5. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.18 DOC 376.18 Incident review process. Committee review of incidents involving the use of physical force, room confinement, mechanical restraints applied for more than 45 minutes, and any strip searches shall be consistent with all of the following:

DOC 376.18(1) (1) The review committee will include all staff directly involved in an incident, their supervisors, the case manager assigned to the youth, the psychology staff who are familiar with the youth, the facility director of security, the deputy superintendent, and the superintendent.

DOC 376.18(2) (2) Within 24 hours of the incident, all available members of the review committee shall meet to assess whether physical force, room confinement, or mechanical restraints were used appropriately, to discuss less restrictive alternative strategies that staff could have used, and to provide an opportunity for staff training or redirection or both if needed.

DOC 376.18(3) (3) If not all members of the review committee are available for the meeting within 24 hours of the incident, the full review committee shall meet or confer as soon as possible and no later than one week after the incident.

DOC 376.18(4) (4) The review committee shall also review all uses of strip searches weekly to ensure that any such searches were conducted only upon probable cause.

DOC 376.18 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2024 No. 830, eff. 3-1-25.