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(4) Any item found which apparently violates this section may be confiscated. If a youth is found not guilty of violating this section and the item is not contraband, the item shall be returned to the youth.
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.
DOC 373.48 Unauthorized possession or use of tobacco or smoking materials. A youth may not smoke tobacco or any other substance or possess tobacco or any other smoking materials.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.49 Unauthorized property.
(1) A youth may not possess stolen property or property a youth may not knowingly possess under the laws of Wisconsin, the United States or the rules of the department.
(2) Each facility shall post a list of all types of personal property which youth are allowed to possess in accordance with s. DOC 379.10 (2). All property that is not on the posted list is unauthorized.
(3) All property which is not on a youth’s property inventory, consistent with s. DOC 379.10 (4), is unauthorized.
(4) A youth may not knowingly violate this section or facility policies and procedures relating to personal property.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (2), (4) Register June 2025 No. 834, eff. 7-1-25.
DOC 373.50 Unauthorized use of the mail.
(1) A youth may not use the U.S. postal service to communicate with a person the youth may not correspond with under s. DOC 379.04.
(2) A youth may not send through the mail any item that the youth is not allowed to possess, except that items in safekeeping and items which have been seized may be sent out through the mail or by other means at the youth’s expense.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.505 Misuse of state or federal property. Any youth who uses government property in an unauthorized manner is guilty of misuse of state or federal property.
History: CR 24-040: cr. Register June 2025 No. 834, eff. 7-1-25.
Subchapter VII — Conduct Rules Relating to Movement
DOC 373.51 Leaving an assigned area. A youth may not leave a room or area where the youth is attending any scheduled activity such as, but not limited to, a class, meal, religious service, group meeting or the immediate area of work or school assignment without authorization or a valid pass.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.53 Entry of an unauthorized room or area.
(1) In this section, “enter” means reach into, lean into or put any object or part of the body into a room or area.
(2) Unless authorized, a youth may not enter another youth’s room or permit another youth to enter the youth’s own room.
(3) Unless authorized, a youth may not enter any area other than an area to which the youth has been assigned.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.54 Tardiness and absence. Unless authorized, a youth may not be tardy or absent from any event, work, class, meeting, meal, appointment or other program related activity.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
Subchapter VIII — Conduct Rules Relating to Safety and Health
DOC 373.55 Creating an unsanitary condition.
(1) In this section, bodily fluids or secretions include saliva, blood, feces, semen, urine and vomit.
(2) A youth may not intentionally throw, expel, or otherwise cause the youth’s own bodily secretions or fluids, or the secretions or fluids of another youth to come into contact with another person.
(3) A youth may not recklessly or negligently dispose of the youth’s own bodily secretions or fluids, or the secretions or fluids of another youth.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.56 Misuse of medication.
(1) A youth may not possess or take medication except as properly prescribed for the youth, and in the amount and manner authorized.
(2) A youth may not distribute any medications, including over-the-counter medications, to another youth.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.58 Room disorder.
(1) Each facility or residential area of a facility shall adopt and post specific policies and procedures regulating the organization, neatness and cleanliness of youth living quarters.
(2) A youth may not violate facility policies and procedures regarding organization, neatness and cleanliness of a youth’s living quarters.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.
DOC 373.59 Poor self-maintenance.
(1) A youth may not fail to follow facility standards or directives regarding personal cleanliness or grooming when the youth has been informed by staff that he or she does not meet the standards or directives.
(2) A youth may not fail to shower at least every 7 days or more frequently if required by the facility.
(3) A youth performing a work assignment may be required to maintain suitably cut hair or to wear protective headgear or a net.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (2) Register June 2025 No. 834, eff. 7-1-25.
Subchapter IX — Miscellaneous Conduct Rules
DOC 373.60 Violation of clothing policy. Each facility shall post specific policies and procedures describing the clothing to be issued to youths, how clothing shall be worn, and when it shall be worn. A youth may not violate the facility policies and procedures regarding clothing.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.
DOC 373.61 Gambling. A youth may not wager money, services or anything else of value on the outcome of all or any part of a game of skill or chance, an athletic contest, the outcome of any event, or anything else.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.64 Failure to cooperate with program. In this section, “fail to cooperate” includes, but is not limited to, failure of a youth to work appropriately toward completion of case plan objectives or program goals or to respond appropriately to any discipline imposed. A youth may not intentionally fail to cooperate with an assigned program.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 373.65 Facility policies and procedures.
(1) Each facility shall make specific policies and procedures relating to talking, clothing, movement within the facility, conditions of leave from the facility, personal property, personal hygiene and conditions of living quarters. These policies and procedures shall be consistent with the purposes stated in s. 938.01, Stats., and the goals of youth corrections in s. DOC 371.01 (2). No facility policy or procedure may conflict with any provision of this chapter or be stricter than any provision of this chapter.
(2) The facility may solicit the views of youth prior to the adoption of a facility policy or procedure.
(3) Discipline may be imposed for violation of a facility policy or procedure only if at least one of the following apply:
(a) The policy or procedure was posted on a facility bulletin board or in a facility handbook and a youth had actual knowledge of the facility policy or procedure at the time of the violation.
(b) There is a violation of a facility policy or procedure in a facility handbook or other document that was received by a youth, in which case the youth is presumed to have knowledge of the policy or procedure in the absence of a preponderance of evidence to the contrary.
(4) Each facility shall maintain at least one bulletin board for bulletins of general applicability. Bulletin boards shall be located so that every youth has an opportunity to read all bulletins that apply to youth. Bulletins that are no longer in effect shall be removed from the bulletin board.
(5) A handbook of all current policy and procedure bulletins under sub. (1) shall be maintained at the facility and be readily accessible to youth.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.
Subchapter X — Disposition of Conduct Rule Violations
DOC 373.66 Conduct rule violations: possible dispositions. The conduct rule violations described in ss. DOC 373.14 to 373.65 may be dealt with by staff only in the following ways:
(1) A youth may be counseled and warned, consistent with s. DOC 373.67 or disciplined summarily, consistent with s. DOC 373.68.
(2) In lieu of or in addition to a warning or summary disposition, facility staff may issue a treatment-based response to address any conduct rule violation.
(3) Violations of the criminal law may be referred under s. DOC 373.83 to law enforcement authorities for prosecution.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. and recr. (2) Register June 2025 No. 834, eff. 7-1-25.
DOC 373.67 Conditions under which youth who violate conduct rules are not disciplined.
(1) Under any of the following conditions, staff may inform a youth about conduct that violates a conduct rule, discuss that conduct and give a warning:
(a) The youth is unfamiliar with the conduct rule.
(b) The youth has not violated the same or a closely related rule recently, whether or not discipline was imposed.
(c) The youth is unlikely to repeat the conduct rule violation if warned and counseled.
(d) Although the youth technically violated a conduct rule, the purpose of this chapter would not be served by disciplining a youth in the particular situation.
(2) No record or official report of a disposition under sub. (1) is required.
(3) The superintendent may overrule a determination that a violation has occurred. [The decision by the superintendent to overrule or not overrule is not reviewable by a hearing officer.]
Note: The bracketed material was inadvertently left in by rule CR 24-040 and will be removed in future rulemaking.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) (intro.), r. (4) Register June 2025 No. 834, eff. 7-1-25.
DOC 373.68 Summary disciplinary dispositions.
(1) A youth may be disciplined summarily for a conduct rule violation in accordance with this chapter. When a youth is disciplined summarily under this section, staff shall make an appropriate record.
(2) When staff who have the responsibility for supervising a youth believe that a penalty listed in sub. (3) is appropriate, staff shall do all of the following:
(a) Inform the youth of the nature of the alleged infraction and the potential disposition.
(b) Obtain the youth’s version of the underlying facts.
(c) Make a finding as to whether the youth violated a conduct rule, communicate this finding to the youth and impose discipline consisting of one or more of the disciplinary actions under sub. (3).
(3) Discipline imposed by staff under this section shall be limited to one or more of the following disciplinary actions:
(a) An oral or written reprimand.
(c) Exclusion from the youth’s room for a maximum of 5 hours.
(d) Loss of a specific privilege for up to one week or loss of participation in a special event.
(e) A disposition, which may include:
1. Counseling and a warning.
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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.