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.

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 396.07(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: