Register June 2020 No. 774
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Chapter HSS 346 as it existed on June 30, 2000 was repealed and a new Chapter DOC 396 was created, Register, June, 2000, No. 534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.
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
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.
“Deadly force" means force which is intended or is likely to cause death or great bodily harm to another.
“Division" means the department's division of juvenile corrections.
“Electronic monitoring" means monitoring a youth's location with an electronic device of a type approved by the administrator and worn by a youth to monitor the youth's location during specific periods of time each day that the youth is required to be at his or her place of residence or at another approved location.
“Force" means the use of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical restraints or physical force.
“Great bodily harm" means bodily harm that creates a high probability of death, serious permanent disfigurement, a permanent or protracted loss or impairment of the function of any body member or organ or other serious bodily harm.
“JPRC" means the joint planning and review committee which makes short-term and long-term planning recommendations for youth, with members representing the type 1 secured correctional facility in which the youth resides, OJOR, the committing county and the aftercare provider.
“Mechanical restraint" means a commercially manufactured device approved by the department and applied to a youth's wrist, arm, legs or torso to restrain or impede free movement.
“Modified confinement" means restriction of a youth to the youth's assigned room with a minimum of 4 hours of out-of-room time per day.
“Non-deadly force" means force which is not intended to and is not likely to cause death or great bodily harm to another.
“OJOR" means the division's office of juvenile offender review.
“Personal search" means a search of a youth's clothed person, including, but not limited to, inspection of the person's pockets, frisking the person's body, examining the person's shoes and hat and visually inspecting the inside of a person's mouth. A personal search does not include a strip search, body cavity search or body contents search.
“Reasonably believes" or “reasonable belief" means that the actor believes that a certain fact exists and such belief under the circumstances is reasonable even though the belief may be erroneous.
“Regional chief" means a division regional manager responsible for oversight of community correctional services or that person's designee.
“Report center" means a place where designated youth in a type 2 secured correctional facility shall report at specified times as a condition of program participation.
“Rules of conduct" means the conditions of placement in the community.
“Sanction" means any of a range of actions that staff may take when a youth violates the rules of conduct or court-ordered conditions of community supervision.
“Sanction placement" means an alternative placement in a designated home, foster home, group foster home, child caring institution, secured juvenile detention center, another type 2 secured correctional facility or a type 1 secured correctional facility, when that placement is used for a specific period of time as a sanction for a youth for violation of the rules of conduct or court-ordered conditions of community supervision.
“Strip search" means a search in which a youth is required to remove all clothing. Permissible inspection includes examination of the youth's clothing and visual inspection of body cavity orifices.
“Superintendent" means the superintendent of a type 1 secured correctional facility or that person's designee.
“Supervisor" means a department supervisor responsible for the supervision or administration of aftercare or community correctional program services or that person's designee.