(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.
(3)Mistake. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.
(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:
(a) Whether the aggressor used a weapon.
(b) The size of the youth invoking a self-defense claim in relation to the size of the aggressor.
(c) The opportunity of the youth who claims self-defense to flee or to obtain assistance from staff.
(d) Whether staff were nearby.
(5)Orders. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.10Youth access to conduct rules.
(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).
(2)The superintendent shall provide a youth with a written copy of the conduct rules.
History: 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 373.12Lesser-included conduct rule violations. Certain prohibited acts have lesser-included acts associated with them. A youth alleged to have violated a conduct rule is also considered to have allegedly violated a lesser-included conduct rule. No youth may be found to have committed both an act and its lesser-included act based upon the same incident. Table 373-A lists the lesser-included conduct rule violations of each conduct rule violation.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
Subchapter IIConduct Rules Relating to Bodily Security
DOC 373.14Causing the death of another. A youth may not intentionally, negligently or recklessly cause the death of another person.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.15Sexual intercourse.
(1)In this section, “sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration, however slight, by any part of the body or an object into the anus or vagina of another person.
(2)A youth may not engage in sexual intercourse.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.16Sexual contact. A youth may not intentionally touch with a body part or an object any intimate part of another person, either directly or through clothing, or cause it to be touched by another with or without the consent of that person.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.17Restraint of another. Unless authorized, a youth may not seize, restrain or confine another person.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.18Fighting.
(1)In this section, “fight” means any situation where 2 or more persons are trying to injure each other by any physical means including, but not limited to, hitting, biting, kicking, scratching, throwing or swinging objects or using weapons.
(2)A youth may not participate in a fight.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.19Battery. A youth may not intentionally cause injury, physical pain, illness or any impairment of physical condition to another person.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.20Threats. A youth may not communicate to another person verbally, in writing or by gesture, symbol or action to do any of the following:
(1)Harm or harass that person or someone else.
(2)Cause damage to or loss of that person’s or another person’s property.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.205Bullying. A youth may not participate in unwanted aggressive behavior that involves a real or perceived power imbalance through verbal behavior, physical behavior, or social behavior, or a combination, that intends to cause physical or psychological harm or both.
History: CR 24-040: cr. Register June 2025 No. 834, eff. 7-1-25; correction made under s. 35.17, Stats., Register June 2025 No. 834.
Subchapter III Conduct Rules Relating to Facility Security
DOC 373.21Inciting a disturbance. A youth may not encourage, direct, command, hire, coerce, request or signal one or more persons to participate in a disturbance.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.22Participating in a disturbance. A youth may not do any of the following:
(1)Intentionally or recklessly participate in a disturbance, as defined in s. DOC 373.03(9).
(2)Remain in a group that has been ordered to disperse if some members of the group are participating in a disturbance.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) Register June 2025 No. 834, eff. 7-1-25.
DOC 373.23Unauthorized group activity.
(1)In this section, “group” means a gang, cult or faction or other formal or informal association of youth.
(2)A youth may not do any of the following:
(a) Encourage, direct, command, hire, coerce, recruit or signal another person to participate in a group not authorized by the superintendent.
(b) Communicate verbally, in writing or by gesture, symbol or action about an unauthorized group matter or to demonstrate affiliation with an unauthorized group.
(c) Wear, display or have in the youth’s possession the clothing, jewelry, colors or other symbols of an unauthorized group to demonstrate affiliation with the group. This includes the cutting, styling or wearing of the youth’s hair or the wearing of clothes in a manner which demonstrates affiliation with an unauthorized group, or the depiction of the symbols of the group affiliation on a person’s body or on things including arts and crafts projects.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.24Group resistance. A youth may not do any of the following:
(1)Participate in any group action with other youth, contrary to this chapter, facility policies and procedures or a verbal directive from staff, whether or not the group action creates a serious danger of harm to persons or property.
(2)Join in or solicit another to join in any group petition, gathering, or statement, except that the following actions are not prohibited:
(a) Group complaints authorized by s. DOC 380.04 (5).
(b) Group petitions to courts.
(c) Authorized actions by authorized groups.
(3)Participate in any activity associated with any security threat group or possess any written materials, symbols, or symbolism related to a security threat group.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), cr. (3) Register June 2025 No. 834, eff. 7-1-25.
DOC 373.25Disguising identity. A youth may not do any of the following:
(1)Conceal, alter or disguise personal appearance in an attempt to prevent identification.
(2)Use any items or materials to make a representation of himself or herself without authorization of staff.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.26Escape. Unless authorized, a youth may not do any of the following:
(1)Leave the facility.
(2)Violate the directives of staff as to where the youth may be and for what time period the youth may be at the designated place.
(3)Fail to return to the facility or other designated facility from any approved leave.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00 CR 24-040: am. (1), (3) Register June 2025 No. 834, eff. 7-1-25.
Subchapter IV — Conduct Rules Relating to Order
DOC 373.27Inappropriate sexual conduct. A youth may not engage in any of the following inappropriate sexual conduct:
(1)Requesting, soliciting, hiring or communicating with another person in any manner, including orally or in writing, to have sexual intercourse, as defined in s. DOC 373.15 or sexual contact, as described in s. DOC 373.16.
(2)Exposing, touching or gesturing to the youth’s own intimate parts to attract the attention of another person or using sexually explicit communication.
(3)Touching an animal for the purpose of causing sexual arousal or gratification to the youth or another person.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: r. (2) Register June 2025 No. 834, eff. 7-1-25; (1) renumbered to (intro.) under s. 13.92 (4) (b) 1., Stats., Register June 2025 No. 834.
DOC 373.28Obstruction.
(1)In this subsection, “obstruct or resist” means to try to prevent or impede a change in placement location by passive or aggressive use of one’s body or another object. A youth may not physically obstruct or resist staff’s attempt to change the physical location of the youth or another youth.
(2)In this subsection, “obstruct or impede” means to try to diminish staff’s ability to visually monitor or supervise a youth by use of one’s body, another person or an object. A youth may not obstruct or impede staff’s ability to visually monitor the youth or another youth.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.29Refusal to comply. A youth may not refuse to comply with any verbal or written directive from staff.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; CR 24-040: r. and recr. Register June 2025 No. 834, eff. 7-1-25.
DOC 373.30Disrespect. A youth may not show disrespect for another person by behavior directed at that person, whether or not the person is present, which is audible or observable and includes, but is not limited to, derogatory or profane writing, oral remarks, gestures, name-calling or yelling.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.31Soliciting staff. Unless authorized, a youth may not do any of the following:
(1)Give or offer to give anything having more than nominal value to staff or family of staff.
(2)Request or accept anything having more than nominal value from staff or family of staff.
(3)Buy, rent, lease or borrow anything from, or sell, rent, lease or lend anything to staff or family of staff.
(4)Request that staff or family of staff buy, rent, lease or borrow anything for the youth.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.