Wisconsin Administrative Code

DOC 392.02 Applicability. This chapter applies to the department, county departments and private provider agencies conducting drug tests under contract with the department or a county department and youth under their supervision. History: Cr. Register, June, 2000, No. 534, eff. 7…

DOC 392.03 Definitions. In this chapter: (1) XBody contents searchY means a search in which a youth is required to provide a sample of urine, breath, saliva, blood, or stool for testing for the presence of intoxicating substances, as defined in s. DOC 373.46 (1), in accordance wi…

DOC 392.04 Drug testing. (1) DIGNITY OF YOUTH. A provider shall make a reasonable effort to preserve the dignity of a youth in all searches and tests conducted under this chapter. (2) TESTS REQUIRED BY COURT ORDER. (a) A provider shall require a youth under its supervision, who h…

DOC 392.05 Body contents search. (1) Staff who are appropriately licensed or certified, as provided in s. DOC 376.13 (1) (d), may conduct or authorize a body contents search to collect a specimen required to conduct a court ordered, scheduled, random or for cause drug test. A sea…

DOC 392.06 Test results. (1) A provider may, consistent with state and federal law, give drug test results to staff of the provider working with a youth to assist in and promote the youth[s treatment program. (2) Drug test results shall not be provided to staff without a need to …

DOC 392.07 Payment for drug testing. (1) A provider shall pay for each drug test it administers or authorizes for a youth under its supervision, whether the test is court ordered, scheduled, random or administered for cause. (2) (a) A provider may, as part of the conduct rules of…

DOC 393.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 301.025, 938.357 (5) (g) and 938.48 (16), Stats., to establish rules of conduct for youth who are on state or county supervised aftercare, including standards and procedures for d…

DOC 393.02 Applicability. This chapter applies to the department, to a county department that operates an aftercare program, to any youth on aftercare under a court order issued pursuant to s. 938.34, Stats., and to any youth on aftercare under a court order issued pursuant to s.…

DOC 393.03 Definitions. In this chapter: (1) XAdministrative detentionY means secure, temporary confinement of a youth in a type 1 secured correctional facility, an approved juvenile detention center or the approved juvenile section of a county jail pending the completion of a vi…

DOC 393.04 Responsibilities of the aftercare provider. The department or county department providing aftercare shall make reasonable efforts to ensure all of the following regarding a youth on aftercare: (1) The youth is free from discrimination based on race, national origin, co…

DOC 393.05 Expected conduct. (1) A youth[s agent shall inform the youth orally and in writing of the conduct rules imposed by the agent and the conditions imposed by the court. All of the following conduct rules apply to a youth on aftercare: (a) The youth may not violate any sta…

DOC 393.06 Use of force. (1) GENERAL. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to exercise force to control a youth. When it is not practical, staff may use force to control the youth in accordance with this section. (2) CORPORAL PU…

DOC 393.07 Mechanical restraints. (1) GENERAL. Staff may use mechanical restraints to control the behavior of a youth or transport a youth in accordance with this section. (2) REASONS FOR USING MECHANICAL RESTRAINTS. Mechanical restraints may be used for any of the following purp…

DOC 393.08 Chemical agents and weapons. (1) OLEORESIN OF CAPSICUM. For the purpose of this section, Xoleoresin of capsicumY means oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin contains the active ingredient capsaicin and related compounds classified a…

DOC 393.09 Search and seizure. (1) GENERAL. Staff may conduct a search of a youth and a youth[s living quarters or property at any time, subject to this section. In this section: (a) XLiving quartersY means a private bedroom, common familial or communal living areas and areas und…

DOC 393.10 Custody and transporting. (1) GENERAL. Staff may 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 a…

DOC 393.11 Finding of violation. A youth may be found to have violated a conduct rule or a court-ordered condition of aftercare under s. DOC 393.05 if any of the following applies: (1) The youth committed the conduct prohibited by the conduct rule or court-ordered condition. (2) …

DOC 393.12 Staff response to alleged violation. (1) INVESTIGATION. An agent who has reason to believe that a youth violated a conduct rule or court-ordered condition of aftercare shall investigate the matter. The investigation shall include an interview with the youth to discuss …

DOC 393.13 Violation report. (1) When a violation results in a summary disposition, initiation of revocation proceedings or the youth is taken into custody by law enforcement for a violation of a law, the assigned agent shall prepare a written violation report. The violation repo…

DOC 393.14 Preparation for revocation hearing. (1) NOTICE. Prior to a revocation hearing, the agent shall serve the youth with written notice of the hearing. If the youth is being held on administrative detention under s. DOC 393.12 (4), the notice shall be served no later than t…

DOC 393.15 Procedure for youth on state aftercare when hearing right is waived. (1) SUPERVISOR[S RECOMMENDATION. When a youth on state-provided aftercare waives his or her right to a revocation hearing under s. DOC 393.14 (3), a supervisor may recommend that the administrator rev…

DOC 393.16 Procedure for youth on county aftercare when hearing right is waived. (1) SUPERVISOR[S RECOMMENDATION. When a youth on county-provided aftercare waives the revocation hearing under s. DOC 393.14 (3), the county agent[s supervisor may recommend that the director of the …

DOC 393.17 Petition for change in placement by the court. (1) A aftercare provider may, in lieu of an administrative hearing, petition the committing court under s. 938.357 (3), Stats., for a change in placement to a type 1 secured correctional facility. (2) If a youth who has be…

DOC 393.18 Revocation hearing. (1) GENERAL. The revocation hearing process shall be governed by ch. HA 2, except for those provisions in sub. (2). (2) EXCEPTIONS. (a) Time limit. A revocation hearing for a youth on aftercare shall be held within 30 days after the youth was taken …

DOC 393.19 Return of a youth to a type 1 secured correctional facility. (1) If a youth on state aftercare is held on administrative detention at a type 1 secured correctional facility, the signed revocation order of the administrator of the division of hearings and appeals, if th…

DOC 393.20 Youth complaint procedure. (1) GENERAL. A youth may file a complaint to obtain administrative review of issues related to the youth[s aftercare that personally affect the youth. (2) OBJECTIVES. The objectives of this procedure include all of the following: (a) To allow…

DOC 394.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2), 301.08 (1) and 938.539 (6), Stats., to provide rules for treatment of youth in a type 2 CCI. History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.02 Applicability. This chapter applies to the department, county departments, CCIs and to youth placed under the county supervision by a court under s. 938.34 (4d), Stats. History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.03 Definitions. In this chapter: (1) XAdministratorY means the administrator of the division of juvenile corrections or that person[s designee. (2) XBodily injuryY means physical pain or injury, illness or any impairment of physical condition. (3) XCorporal punishmentY me…

DOC 394.04 Designation as a type 2 CCI. To be designated by the department as a type 2 CCI, a CCI shall apply to the department for designation as a type 2 CCI by meeting the following requirements: (1) Agree to abide by the provisions of this chapter and type 2 CCI policies and …

DOC 394.05 Maintaining designation. To maintain designation by the department as a type 2 CCI, a CCI shall continue to meet the requirements of s. DOC 394.04. History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.06 Violation of designation requirements. (1) If the department of health and family services cites a type 2 CCI for a violation of standards, the type 2 CCI shall notify the designated department contact person within 48 hours of receiving the citation, excluding weekend…

DOC 394.07 Notification to youth. (1) REQUIRED NOTIFICATION. A county agent shall notify a type 2 status youth at or prior to intake, and a supervisor or designee of the type 2 CCI shall notify type 2 status youth at intake of all of the following: (a) The rules of the type 2 CCI…

DOC 394.08 Escape. (1) DEFINITION. A youth placed in a type 2 CCI who has physically left the grounds of the facility, or a youth in that placement who is subsequently placed in a less restrictive placement under s. 938.357 (4) (c) 2., Stats., shall be considered to have escaped …

DOC 394.09 Use of physical force. (1) ESCAPE. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, trained staff may use physical …

DOC 394.10 Mechanical restraints. (1) GENERAL. Trained staff may use mechanical restraints only in accordance with this section. (2) REASONS FOR USING MECHANICAL RESTRAINTS. Mechanical restraints may be used for any of the following purposes: (a) To stop a type 2 status youth in …

DOC 396.01 Authority and purpose. (1) This chapter is promulgated under the authority of ss. 227.11 (2), 938.533 (2), 938.538 (7) and 938.539 (6), Stats., to provide rules for all of the following: (a) The community-based corrective sanctions program for youth who have been place…

DOC 396.02 Applicability. This chapter applies to the department and to youth whose supervision is transferred to the department pursuant to ss. 48.366 and 938.183, 938.34 (4h) or (4m) or 938.357 (4), Stats., who are evaluated for and selected to participate in the corrective san…

DOC 396.03 Definitions. In this chapter: (1) XAdministratorY means the administrator of the division of juvenile corrections or that person[s designee. (2) XAdministrative detentionY means secure, temporary confinement of a youth in a type 1 secured correctional facility, an appr…

DOC 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: (1) Obtain approval to operate a type 2 secured correctional facility by the department of health a…

DOC 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: (1) Abide by the provisions of this chapter and type 2 secured correctional facility policies and procedures that the fa…

DOC 396.06 Violation of designation requirements. (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 4…

DOC 396.07 Referral of youth for type 2 community supervision programming. (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: (a) …

DOC 396.08 Conduct rules. (1) GENERAL PROVISION. When a youth is transferred by OJOR from a type 1 to a type 2 secured correctional facility, the youth[s agent or other staff shall meet with the youth and review any court-ordered conditions of community placement and the conduct …

DOC 396.10 Discipline. (1) In this section: the chapter was last published. 5 DEPARTMENT OF CORRECTIONS (a) XMajor offenseY means a violation of one or more of the rules of supervision for which a major sanction may be imposed if the accused youth is found guilty. A major offense…

DOC 396.11 Administrative detention. (1) A youth may be placed in administrative detention by the youth[s agent or other staff with the approval of a supervisor and kept there if the supervisor is satisfied that there is a reasonable basis to believe that one or more of the follo…

DOC 396.12 Reasons for termination. A youth[s type 2 secured correctional placement or less restrictive placement may be terminated for any of the following reasons: (1) There has been a change of circumstances, such as the loss, for any reason, of a residence, school or treatmen…