DOC 396.05DOC 396.05 Maintaining designation. To maintain a designation by the department as a type 2 secured correctional facility, a CCI shall do all of the following:

DOC 396.05(1)(1) Abide by the provisions of this chapter and type 2 secured correctional facility policies and procedures that the facility agrees to by contract with the department.

DOC 396.05(2)(2) Maintain approval of the department of health and family services to operate a CCI and a type 2 secured correctional facility and abide by the rules, policies and procedures of the department of health and family services.

DOC 396.05(3)(3) Require staff who are authorized to use force and mechanical restraints on a type 2 status youth to complete a training program and periodic retraining approved by the department. Training shall include incident prevention and de-escalation and the safe and correct use of physical and mechanical restraints. Evidence of successful completion of training shall be retained in staff personnel files.

DOC 396.05(4)(4) Develop and maintain policies and procedures specific to type 2 status youth as required by the department and the department of health and family services.

DOC 396.06(1)(1) If the department of health and family services cites a type 2 secured correctional facility for a violation of standards, the type 2 secured correctional facility shall notify the designated department contact person within 48 hours of receiving the citation, excluding weekends and legal holidays, and send a copy of the written citation to the department within 3 days of receiving the citation.

DOC 396.06(2)(2) If the department of health and family services withdraws its approval for the operation of a CCI or its approval to operate a type 2 secured correctional facility, the department shall withdraw the CCI’s type 2 secured correctional facility designation.

DOC 396.06(3)(3) If a type 2 secured correctional facility violates a provision of this chapter or a contract provision, the department may take one or more of the following actions:

DOC 396.06(3)(a)(a) Send the type 2 secured correctional facility a written notice of the violation and require the type 2 secured correctional facility to correct the violation within a specified period of time.

DOC 396.06(3)(b)(b) Remove the CCI’s type 2 secured correctional facility designation and send notice of the removal to the juvenile courts and county departments.

DOC 396.06(4)(4) A type 2 secured correctional facility may appeal a department decision under sub. (2) or (3) by filing an appeal with the division of hearings and appeals in the department of administration under ch. 227, Stats., in the manner specified by the division of hearings and appeals.

DOC 396.07DOC 396.07 Referral of youth for type 2 community supervision programming.

DOC 396.07(1)(1) Criteria for participation. A youth may be considered for participation in CSP, the SJO community supervision phase or a type 2 secured correctional facility program if all of the following apply:

DOC 396.07(1)(a)(a) The youth is not likely to present a physical danger to self or to others if living in a type 2 secured correctional facility setting.

DOC 396.07(1)(b)(b) An appropriate type 2 secured correctional facility placement is available.

DOC 396.07(1)(c)(c) The security, supervision and programming needs of the youth can be met in a type 2 secured correctional facility setting.

DOC 396.07(1)(d)(d) If the youth is to be placed in a family setting, the youth’s parent, guardian or other adult with whom the youth will reside agree that they are willing to participate in the program and comply with all rules and conditions of the program.

DOC 396.07(2)(2) Referral. When a youth in a type 1 secured correctional facility appears to meet the criteria under sub. (1), the committing court or any member of the JPRC may recommend in writing that the youth be screened for acceptance into a particular program. Copies of the recommendation shall be sent to all members of the JPRC.

DOC 396.07(3)(3) Screening. Staff who manage the CSP, SJO and the type 2 secured correctional facility programs shall do all of the following in regard to each youth who has been recommended under sub. (2) for one of the programs:

DOC 396.07(3)(a)(a) Review all relevant, available written records relating to the youth including court and education records.

DOC 396.07(3)(c)(c) If applicable, interview the youth’s parents or other adult with whom the youth would be placed if released to one of the programs.

DOC 396.07(3)(d)2.2. That the youth does not meet the criteria for CSP, SJO community phase or type 2 secured correctional facility transfer planning.