DOC 394.08(1)(a)(a) The youth’s residence or other assigned placement.
DOC 394.08(1)(b)(b) A scheduled school classroom or training site.
DOC 394.08(1)(c)(c) A scheduled work site.
DOC 394.08(1)(d)(d) An assigned report center or other department office.
DOC 394.08(1)(e)(e) Any other scheduled program or activity, including an authorized treatment program, community service assignment or any other activity established in the youth’s daily schedule.
DOC 394.08(1)(f)(f) Any other place to which the youth has been assigned, including an approved home visit.
DOC 394.08(2)(2)Supervisor. Staff shall promptly notify a supervisor whenever a type 2 status youth escapes.
DOC 394.08(3)(3)Law enforcement. When staff reasonably believe that a type 2 status youth placed in a type 2 CCI has escaped, staff shall immediately contact law enforcement authorities to request apprehension.
DOC 394.08(4)(4)Apprehension. Staff approved by the department under s. 938.08 (3) (a), Stats., may take a youth who has escaped into physical custody.
DOC 394.08(5)(5)County. A type 2 CCI shall promptly notify a county agent from the supervising county whenever a type 2 status youth under the supervision of the county escapes.
DOC 394.08(6)(6)Referral for escape. A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by a county department to a district attorney for consideration of charges regarding the escape.
DOC 394.08 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 394.09DOC 394.09Use of physical force.
DOC 394.09(1)(1)Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, trained staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.
DOC 394.09(2)(2)Corporal punishment. Staff may not impose corporal punishment on any youth.
DOC 394.09(3)(3)Amount of physical force. Only reasonable and the minimum necessary force may be used stop a youth in the act of escaping or to apprehend a youth under s. 938.08 (3), Stats. Staff may not use excessive force. All of the following procedures apply to the use of force to unless use of the procedures would facilitate an escape:
DOC 394.09(3)(a)(a) Staff shall not attempt to physically handle a youth until sufficient trained staff are present for a show of physical force.
DOC 394.09(3)(b)(b) Staff shall ask a youth to voluntarily comply.
DOC 394.09(3)(c)(c) If a youth refuses to voluntarily comply, one or more trained staff may firmly grasp the youth.
DOC 394.09(3)(d)(d) Trained staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.
DOC 394.09(4)(4)Follow-up after the use of force.
DOC 394.09(4)(a)(a) After staff use force on a type 2 status youth under sub. (1), the youth and involved staff shall immediately be checked by staff for injury. If the youth or staff have been injured, staff shall immediately seek appropriate medical treatment of the injury. A supervisor shall be notified immediately of the use of force and any injury to youth or staff.
DOC 394.09(4)(b)(b) The type 2 CCI shall promptly notify the department and the county department having supervision over the youth of the use of force, but not later than 24 hours after the use of force. A written report describing the incident shall be submitted by staff involved in the use of force to a supervisor within 24 hours of the incident. The report shall be included in the youth’s file. The type 2 CCI shall send a copy of the written report to the department, the appropriate county department and the appropriate regional licensing office of the department of health and family services within 3 days of the incident. The report shall include all of the following:
DOC 394.09(4)(b)1.1. The youth’s full name and the date, time and place force was used against the youth.
DOC 394.09(4)(b)2.2. The name of all staff who used force against the youth.
DOC 394.09(4)(b)3.3. All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).
DOC 394.09(4)(b)4.4. The reason for using force.
DOC 394.09(4)(b)5.5. The names of all persons who observed the use of force and their written accounts of the occurrence or a report of their accounts.
DOC 394.09 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.