That the youth does not meet the criteria for CSP, SJO community phase or type 2 secured correctional facility transfer planning.
DOC 396.07 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00.
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 rules of the type 2 secured correctional facility for the specific program in which the youth will participate. The youth shall sign a copy of the court-ordered conditions and conduct rules prior to the transfer of the youth.
(2) Conduct rules.
The following conduct rules apply to youth transferred to any type 2 secured correctional facility program:
The youth shall not violate any state or federal law, any local ordinance or the rules of the department.
The youth shall report any arrest or law enforcement contact to his or her agent as soon as possible, but not later than 12 hours after the contact. If a youth is taken into custody, the youth shall inform the law enforcement officer and any intake worker of the name of his or her agent and correctional status.
The youth shall cooperate with his or her agent and other staff and fully participate in his or her program and case plan.
The youth shall be completely truthful with his or her agent and other staff at all times.
The youth shall comply with all curfews established by staff.
The youth shall attend all educational and vocational programs and all appointments with service providers as scheduled.
The youth shall comply with his or her daily appointment schedule as approved by staff.
The youth shall report to and inform his or her agent or the assigned youth counselor of his or her whereabouts and activities as directed and may not go to or be present at any place prohibited by the agent, the youth counselor or placement facility staff.
If the youth is on an approved daily schedule, the youth shall obtain prior approval from department or placement facility staff at least 24 hours in advance before making any changes in the approved daily schedule.
The youth shall obtain prior approval from his or her agent or youth counselor to leave or change employment or to drop out of or change an educational or vocational program. If an unforeseen situation occurs causing the youth to leave or change employment or an educational or vocational program without prior permission, the youth shall notify his or her agent or youth counselor of the change as soon as possible, but not later than 24 hours after the change occurs.
The youth and the adult or family with whom the youth resides shall obtain advance permission from the youth's agent before moving to a different residence.
The youth shall not leave the state of Wisconsin unless the youth obtains prior permission and a signed travel permit from his or her agent.
If placed on electronic monitoring, the youth shall cooperate with electronic monitoring procedures and shall not alter, damage or interfere in any way with the operation of the electronic monitoring equipment.
The youth may not use or possess any drug, item or substance that is illegal to possess, any intoxicating substance or any prescription drug, except as properly prescribed for the youth in accordance with law.
The youth may not purchase, own, carry or possess a firearm, knife, weapon or ammunition without the prior written permission of his or her agent. An agent may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under s. 941.29
, Stats., any other state law, federal law, municipal ordinance or court order.
The youth may not purchase, lease, possess, trade, sell, own or operate a motor vehicle without prior approval of the youth's agent. To obtain approval to operate a motor vehicle, the youth shall demonstrate proof of insurance, have a valid Wisconsin driver's license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the youth's rehabilitation.
The youth may not borrow money, purchase on credit or enter into any contract without prior approval of his or her agent.
The youth shall submit to and cooperate with searches of the youth's person, living quarters and property by staff and with tests ordered by staff, including but not limited to, urinalysis, breath tests and blood tests.
The youth may not possess or use paging devices, cellular phones or similar communication devices without prior approval of his or her agent.
The youth shall follow any additional rules, given orally or in writing that may be issued by staff. These rules may include, but are not limited to, directions concerning:
Support of self, including earned and unearned income and its sources.
Court or municipal fines or obligations, including restitution and the collection and handling of all restitution funds.
The youth shall comply with any court-ordered conditions of community placement.
(3) Notice of possible termination.
The copy of the conduct rules signed by a youth under sub. (1)
shall include the following notice: “These conduct rules are in addition to any court-ordered conditions. Your aftercare may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of these conduct rules."
DOC 396.08 Note
Note: The terminology in the Notice referring to “aftercare" and “revocation" should be modified for a youth on type 2 status to “type 2 status" and to “terminated."
(4) Explanation of the conditions and rules.
A youth's agent shall explain the conduct rules and any court-ordered conditions to the youth, the parent or adult with whom the youth will reside. The agent shall also explain what sanctions may be imposed for violation of the conduct rules or court-ordered conditions, including removal from the program and return to a type 1 secured correctional facility or if placed in a less restrictive placement, return to a type 2 secured correctional facility or other residential placement.
(5) Acceptance of conditions.
The agent shall prepare a written statement of the conduct rules and court-ordered conditions of the youth's program that apply to the youth and to the supervising adult or adults with whom the youth resides. The youth and the adult(s) shall sign the document stating their acceptance and agreement with the rules and conditions. The document shall state that failure to comply with all rules and conditions may result in revision of the rules and conditions, changes in the case plan, return to a type 1 or type 2 secured correctional facility or application of any other sanction allowed by law.
DOC 396.08 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00.
All of the following apply to youth and staff shall require that each youth:
Is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.
Is provided with an interpreter if the youth's ability to speak, understand, read or write English is limited.
Is placed in the youth's parental home when this is consistent with the individual's correctional programming and the protection of the public.
Is involved in planning his or her ongoing correctional program.
Has access to appropriate department, county department and community programs and services consistent with the protection of the public and the youth's individual needs.
Has his or her educational, vocational, drug or alcohol abuse, mental health and other programming needs addressed.
Has the opportunity to visit with and communicate orally or by mail with an attorney or persons approved by staff within reasonable guidelines established by the department or a placement agency.
Has the opportunity to participate in authorized recreational and leisure-time activities and appropriate religious activities.
Is monitored by CSP staff, if in the CSP program, 24 hours a day by a combination of programming, staff contacts and electronic monitoring.
(2) Periodic progress reports.
At least once every 90 days following the placement of a youth in a type 2 secured correctional facility, the assigned agent shall write a progress summary as required by s. DOC 371.21 (3)
DOC 396.09 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00; CR 19-124: am. (1) (a) Register June 2020 No. 774, eff. 7-1-20.
“Major offense" 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 is an offense listed in s. DOC 373.11 (4)
or any offense listed in the youth's conduct rules which is identified as a major offense.
“Major sanction" means a temporary placement in a type 1 secured correctional facility or other sanction placement. An agent, with a supervisor's approval, may impose a major sanction that does not exceed 5 days. A regional chief may impose a major sanction that does not exceed 14 days. The administrator may impose a major sanction that exceeds 14 days. A major sanction does not require review and approval of OJOR under ch. DOC 371
“Minor offense" means a violation of one or more of the rules of supervision for which a minor sanction may be imposed if the accused youth is found guilty.
“Minor sanction" includes, but is not limited to, community service, restitution, loss of privileges, electronic monitoring or other programs prescribed by the department. A minor sanction does not include sanctions included in par. (b)
A youth may receive a sanction under this chapter if the department determines, after completing a review under sub. (3)
, that the youth has committed one of the following:
A violation of a state or federal statute, a local ordinance.
A violation of the rules of any facility, institution, placement or program in which the youth is held or to which the youth is assigned.
The review procedure to determine if a youth has committed a violation includes all of the following:
An agent may impose a minor sanction for a minor offense after completing an investigation.
The agent shall document the offense and the sanction in the youth's file.
A youth may use the complaint procedure in s. DOC 396.21
to seek review of a decision to impose a minor sanction, except that filing a complaint shall not delay the imposition of a minor sanction.
A major offense shall be documented on a violation report prepared by a youth's agent that shall include all of the following:
All of the facts obtained in the agent's investigation, the proposed sanction and a written statement from the youth or a report of an oral statement from the youth.
The rule allegedly violated, how the rule was violated and the date and place of violation.
The efforts that were made by the agent to interview witnesses and gather evidence identified by the youth.
A copy of the violation report shall be served on the youth within 5 days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report.
An agent may impose a major sanction after review and approval of a violation report by a supervisor under par. (d)
, service of the violation report on a youth and completion of the following appeal procedure:
A youth may appeal a violation report to a regional chief by service of a written appeal within 5 working days of receipt of the violation report. The regional chief who conducts the review shall not be the person who has imposed a sanction under this section.
If an appeal is to the regional chief's designee, the designee shall not be the immediate supervisor of the agent who conducted the investigation.
The regional chief shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal. If the sanction is reversed, the supervisor ruling on the appeal shall direct that the sanction be removed from the youth's record.
An appeal by a youth shall not delay the imposition of a major sanction.
Chapters DOC 371
and all type 1 secured correctional facility policies and procedures apply to a youth when the youth is transferred to a type 1 secured correctional facility for the period of the sanction.
When a youth is transferred to a placement other than a type 1 secured correctional facility as a sanction, all rules and policies of the placement apply to the youth.
Type 1 secured correctional facility staff may place the youth in a secured status or other program under close or modified confinement during the period of the sanction consistent with the youth's needs and institution needs and subject to department rules and institution policies and procedure.
Close or modified confinement may not be used in a type 2 secured correctional facility operated by a child welfare agency.
DOC 396.10 History
Cr. Register, June, 2000, No. 534
, eff. 7-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7.
, Stats., Register June 2011 No. 666