DOC 373.08(3)(3) A youth may be charged with both a substantive conduct rule violation and aiding and abetting or knowing of that conduct rule violation, based on the same incident, but may be found guilty of only one.

DOC 373.08(4)(4) A youth may be charged and found guilty of aiding and abetting or knowing of a conduct rule violation even if no one is charged or found guilty of committing the conduct rule violation.

DOC 373.08(5)(5) The penalty for aiding and abetting or knowing of a conduct rule violation shall normally be the same as for the substantive conduct rule violation.

DOC 373.08(6)(6) The penalty for a youth who aids and abets or knows of a conduct rule violation need not be based in any way on the penalty, if any, for the youth who actually committed the conduct rule violation.

DOC 373.09DOC 373.09 Defenses. The following, if established by a youth by a preponderance of the evidence are complete defenses to alleged violations of the conduct rules under this chapter:

DOC 373.09(1)(1) Mental incapacity. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.

DOC 373.09(2)(2) Involuntary intoxication. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.

DOC 373.09(3)(3) Mistake. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.

DOC 373.09(4)(4) Self-Defense. A youth may use the minimum amount of force necessary to prevent death or bodily injury to self or in defending a third person. A youth may not continue to exercise self-defense after an order by staff to stop. In determining whether the minimum force was used in exercising self-defense, staff shall consider:

DOC 373.09(4)(b)(b) The size of the youth invoking a self-defense claim in relation to the size of the aggressor.

DOC 373.09(4)(c)(c) The opportunity of the youth who claims self-defense to flee or to obtain assistance from staff.

DOC 373.09(5)(5) Orders. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.

DOC 373.10(1)(1) The superintendent shall provide youth with an orientation to department conduct rules as part of the assessment and evaluation of youth under s. DOC 371.05 (1) (d).

DOC 373.10(2)(2) The superintendent shall provide a youth with a written copy of the conduct rules.

DOC 373.10 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 373.11(1)(1) Any minor penalty may be imposed for a conduct rule violation for which a major penalty may be imposed.

DOC 373.11(2)(2) Restitution may be imposed in addition to or in lieu of any major penalty.

DOC 373.11(3)(3) Except for a conduct rule violation listed under sub. (4) or covered by sub. (6), a conduct rule violation is neither a major nor a minor conduct rule violation until a supervisor classifies it as major or minor using the criteria under sub. (5).

DOC 373.11(4)(4) All of the following are classified as major conduct rule violations: