DOC 396.03(27)(27) “Personal search” means a search of a youth’s clothed person, including, but not limited to, inspection of the person’s pockets, frisking the person’s body, examining the person’s shoes and hat and visually inspecting the inside of a person’s mouth. A personal search does not include a strip search, body cavity search or body contents search.

DOC 396.03(28)(28) “Reasonably believes” or “reasonable belief” means that the actor believes that a certain fact exists and such belief under the circumstances is reasonable even though the belief may be erroneous.

DOC 396.03(29)(29) “Regional chief” means a division regional manager responsible for oversight of community correctional services or that person’s designee.

DOC 396.03(30)(30) “Report center” means a place where designated youth in a type 2 secured correctional facility shall report at specified times as a condition of program participation.

DOC 396.03(31)(31) “Rules of conduct” means the conditions of placement in the community.

DOC 396.03(32)(32) “Sanction” means any of a range of actions that staff may take when a youth violates the rules of conduct or court-ordered conditions of community supervision.

DOC 396.03(33)(33) “Sanction placement” means an alternative placement in a designated home, foster home, group foster home, child caring institution, secured juvenile detention center, another type 2 secured correctional facility or a type 1 secured correctional facility, when that placement is used for a specific period of time as a sanction for a youth for violation of the rules of conduct or court-ordered conditions of community supervision.

DOC 396.03(34)(34) “SJO” means the serious juvenile offender program defined in s. 938.538, Stats.

DOC 396.03(35)(35) “Staff” means an employee of the department.

DOC 396.03(36)(36) “Strip search” means a search in which a youth is required to remove all clothing. Permissible inspection includes examination of the youth’s clothing and visual inspection of body cavity orifices.

DOC 396.03(37)(37) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 396.03(38)(38) “Supervisor” means a department supervisor responsible for the supervision or administration of aftercare or community correctional program services or that person’s designee.

DOC 396.03(39)(39) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 396.03(40)(40) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

DOC 396.03(41)(41) “Type 2 status” means the status of a youth who is placed by the department in a type 2 secured correctional facility, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (am) or (c), Stats., is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.

DOC 396.03(42)(42) “Youth” means a person under the supervision of the department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 48.366, Stats., regardless of age.

DOC 396.03(43)(43) “Youth counselor” means staff who may act as the “contact worker” under s. 938.533 (2), Stats., and are responsible for monitoring a youth’s daily activities while the youth is in a community supervision program.

DOC 396.03 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (42) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (41) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 396.04DOC 396.04 Designation as a type 2 secured correctional facility. To be designated by the department as a type 2 secured correctional facility, a CCI shall do all of the following:

DOC 396.04(1)(1) Obtain approval to operate a type 2 secured correctional facility by the department of health and family services.

DOC 396.04(2)(2) Apply for designation as a type 2 secured correctional facility in a manner specified by the administrator.

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.