DOC 396.18(5)(a)(a) The observations of staff.
DOC 396.18(5)(b)(b) Information provided by a reliable informant.
DOC 396.18(5)(c)(c) Prior seizures of contraband from the person or living quarters of the youth.
DOC 396.18(6)(6)Search of living quarters and property.
DOC 396.18(6)(a)(a) Staff may search a youth’s property and living quarters at any time with the approval of a supervisor. Whenever practical, staff may request the assistance of law enforcement authorities to assist in a search.
DOC 396.18(6)(b)(b) If a parent or other adult with whom a youth resides denies access to any part of the property or living quarters referred to in par. (a), the youth’s agent may require the youth to move to another placement approved by the department.
DOC 396.18(6)(c)(c) There is no requirement that there be any evidence that contraband is concealed in the property or living quarters of a youth before a search is conducted.
DOC 396.18(6)(d)(d) A supervisor shall approve a search before it occurs, unless exigent circumstances, such as suspicion that the youth will destroy contraband or use a weapon, require a search without approval.
DOC 396.18(6)(e)(e) Staff who conduct a search shall prepare a written report of the search which shall state all of the following:
DOC 396.18(6)(e)1.1. The identity of staff who conducted the search and the supervisor who approved it.
DOC 396.18(6)(e)2.2. The date and time of the search.
DOC 396.18(6)(e)3.3. The identity of the youth whose residence or property was searched.
DOC 396.18(6)(e)4.4. The location of the property which was searched.
DOC 396.18(6)(e)5.5. The reason for conducting the search and whether the search was a random search.
DOC 396.18(6)(e)6.6. Any objects that were seized pursuant to the search.
DOC 396.18(6)(e)7.7. Whether any damage was done to the premises during the search.
DOC 396.18(6)(f)(f) If any objects were seized or property was damaged during the search of a youth’s property or living quarters, the youth shall be informed in writing. A youth shall be reimbursed for the repair or replacement of damaged property that is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.
DOC 396.18(6)(g)(g) Staff shall confiscate items believed to be contraband and report those items to the appropriate law enforcement authorities. Contraband shall be disposed of consistent with s. DOC 376.17.
DOC 396.18(6)(h)(h) In conducting a search, staff shall disturb the effects of a youth as little as possible, consistent with thoroughness.
DOC 396.18(6)(i)(i) Staff shall not read legal materials belonging to a youth during a search.
DOC 396.18 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.19DOC 396.19Custody and transporting.
DOC 396.19(1)(1)General. Staff shall request that law enforcement authorities take a youth into custody and transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility whenever practical. When assistance is not available, staff may take a youth into custody and transport the youth in accordance with this section.
DOC 396.19(2)(2)Transporting. When a youth is taken into custody by staff, the youth shall be transported as soon as practical.
DOC 396.19(3)(3)Personnel. Staff shall transport a youth in a secure manner to a secure facility and adequate staff shall supervise the transport consistent with department policies and procedures.
DOC 396.19 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.20DOC 396.20Release to aftercare. Consistent with ss. 938.357 (4m) and 938.538 (5) (a), Stats., and s. DOC 371.15, staff may recommend to OJOR that a youth be released from corrective sanctions, the SJO program or a type 2 secured correctional facility to aftercare. The recommendation shall be in writing and copies shall be forwarded to all JPRC members.
DOC 396.20 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.21DOC 396.21Complaint procedure for youth in a type 2 status.