Register February 2019 No. 758
Chapter DOC 396
TYPE 2 SECURED CORRECTIONAL FACILITIES
Authority and purpose.
Designation as a type 2 secured correctional facility.
Violation of designation requirements.
Referral of youth for type 2 community supervision programming.
Responsibilities of staff.
Reasons for termination.
Use of physical force.
Chemical agents and weapons.
Search and seizure.
Custody and transporting.
Release to aftercare.
Complaint procedure for youth in a type 2 status.
Ch. DOC 396 Note
Chapter HSS 346 as it existed on June 30, 2000 was repealed and a new Chapter DOC 396 was created, Register, June, 2000, No. 534
, effective July 1, 2000.
The SJO program for youth who have been placed under the supervision of the department under s. 938.34 (4h)
Type 2 secured correctional facilities under ss. 938.357 (4)
, Stats., for youth who have been transferred to a type 2 secured correctional facility by OJOR.
In this chapter, the department seeks to achieve all of the following goals:
Provide a community-based option for youth who would otherwise be on aftercare, in a type 1 secured correctional facility or other placement facility.
Maintain public safety and youth discipline through supervision and sanctions appropriate to the needs and requirements of youth in each program.
Provide the programming, services, discipline and supervision necessary to help youth in each program make meaningful, positive changes in their lives.
Provide youth with education, vocational training, life skills training or employment appropriate to the youth's abilities.
Involve the youth's family, as appropriate, with the program.
DOC 396.01 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00.
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
, 938.34 (4h)
or 938.357 (4)
, Stats., who are evaluated for and selected to participate in the corrective sanctions program under s. 938.533
, Stats., the community phase of the SJO program under s. 938.538
, Stats., or for transfer to a community placement in a type 2 secured correctional facility under s. 938.357 (4) (am)
DOC 396.02 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
; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755
DOC 396.03 Definitions.
In this chapter:
“Administrator" means the administrator of the division of juvenile corrections or that person's designee.
“Administrative detention" 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 outcome of the termination procedure in s. DOC 396.12
or transfer to an alternative type 2 status placement.
“Aftercare" means the aftercare supervision status of a youth, as used in s. 938.34 (4n)
, Stats., who is released from a type 1 or type 2 secured correctional facility by OJOR or by action of a court under s. 938.357
, Stats., and is supervised outside of a type 1 secured correctional facility by the department or a county department until the expiration or termination of the youth's court ordered supervision.
“Agent" means a person, or that person's designee, employed by the department, who provides aftercare supervision or type 2 community supervision for a youth and who is authorized to make decisions regarding aftercare or community supervision matters.
“Bodily injury" means physical pain or injury, illness or any impairment of physical condition.
“Body contents search" means a search in which a youth is required to provide a sample of urine, breath, saliva, blood, stool, hair, tissue or any body fluid for testing for the presence of intoxicating substances, as defined in s. DOC 373.46 (1)
, in accordance with department procedures and with methods approved by the state laboratory of hygiene, or to submit to nonsurgical physical examination by medical personnel which may include, but is not limited to, x-rays for detecting the use of intoxicating substances or the possession of contraband. Body contents searches do not include examinations and tests performed by medical personnel for medical reasons.
“Case plan" means a strategy or approach to address primary treatment needs of a youth using the assessment and evaluation process identified in s. DOC 371.04 (1) (e)
“Chemical agent" means oleoresin of capsicum or “OC" approved by the department for use as a non-deadly force.
“Close confinement" means confinement to a youth's room with a minimum of one hour per day out of the room.
Any item a youth may not possess under the conduct rules and court-ordered conditions of the youth's community placement, including, but not limited to, unauthorized money, intoxicants, drug paraphernalia, weapons or smoking materials.
Any item, the possession of which violates any law of Wisconsin or the United States, a municipal ordinance or any rule of the department.
Any item a youth may possess, but which comes into his or her possession in an unauthorized manner including, but not limited to, an item that is received from a person with whom the youth is not supposed to have contact under the conduct rules or court-ordered conditions of the youth's placement.
“Corporal punishment" means the intentional infliction of physical pain as a means of discipline.