SECTION 16. DOC 376.03 (21m) is created to read:
DOC 376.03 (21m) “Psychology staff” means individuals licensed to provide behavioral health services in accordance with state law and who meet education, training, and experience to perform the duties required in accordance with professional standards and licensing.
SECTION 17. DOC 376.03 (22) is amended to read:
DOC 376.03 (22) “Reasonably believes” “Reasonable belief” means that the actor believes an actor’s belief that certain facts exist and the belief, under the circumstances, is reasonable even though the belief is may be erroneous.
SECTION 18. DOC 376.03 (22m) is created to read:
DOC 376.03 (22m) “Room confinement” means the involuntary restriction of a youth in a room, or other area, excluding the confinement of a youth to such an area during normal sleeping hours or on observation status as defined in ch. DOC 375. SECTION 19. DOC 376.03 (24) and (25) are amended to read:
DOC 376.03 (24) “Staff” means a state employee of or a person under contract with the department or the institution facility where a youth is housed.
DOC 376.03 (25) “Strip search” means a search in which a person youth is required to remove or rearrange clothes. Permissible inspection includes examination of the person’s youth’s body and clothing and visual inspection of body cavities the mouth, breast, buttocks, or genitalia.
SECTION 20. DOC 376.03 (28) is repealed and recreated to read:
DOC 376.03 (28) “Trauma-informed care” means staff providing care to youth by understanding how traumatic events may impact a person to better support and assist them.
SECTION 21. DOC 376.03 (28m) is created to read:
DOC 376.03(28m) “Visual monitoring” means staff directly observing youth at staggered intervals not to exceed 30 minutes, in order to prevent the possibility of harm emanating from a variety of sources.
SECTION 22. DOC 376.03 (29) is amended to read:
DOC 376.03 (29) “Youth” means a person or persons supervised by the department in an institution a facility consistent with the requirements of law and regardless of age.
SECTION 23. DOC 376.04 is repealed and recreated to read:
DOC 376.04 Administrative confinement. (1) In this section, “administrative confinement” means a form of room confinement, which includes the involuntary nonpunitive restriction of a youth locked alone in a room or other area because the youth poses a serious risk of imminent physical harm to others.
(2) The facility shall designate on-site supervisory staff who may initiate administrative confinement and remove youth from administrative confinement.
(3) Psychology staff shall be notified as soon as possible, and no later than 2 hours after a youth’s placement in administrative confinement.
(4) Any youth placed in administrative confinement for whom there is not already a mental health evaluation must have such an evaluation as soon as possible within 24 hours.
(5) Placements in administrative confinement will be reviewed by a psychology staff member as soon as possible within the initial 4-hour placement to determine whether that placement is a contraindication to the youth’s mental health or if other options will adequately protect the youth or staff.
(6) Staff shall engage in crisis intervention techniques designed to return the youth to the general population as soon as possible.
(7) If at any point a youth no longer poses a risk of imminent physical harm, the youth must be immediately removed from administrative confinement.
(8) Time in an administrative confinement placement may not exceed 4 hours except under the conditions of sub. (9).
(9) One 4-hour extension to an administrative confinement placement, and one additional 4-hour extension thereafter, for a total of up to 12 hours, may occur under all of the following conditions:
(a) The superintendent determines, following review of the psychology staff’s recommendation, that continued confinement is necessary due to the youth continuing to pose a risk of imminent physical harm to others.
(b) A plan is commenced to either promptly return the youth to the general population or transfer the youth to another facility.
(10) Administrative confinement time limits may be tolled from 8 p.m. to 8 a.m.
(11) Administrative confinement may only be extended beyond 24 hours, including tolled time, to effectuate transfer of a youth to another facility under a commenced plan.
(12) Any youth placed in administrative confinement for any period in excess of 24 hours, including tolled time, shall receive daily services by psychology staff.
SECTION 24. DOC 376.045 is created to read:
DOC 376.045 Conditions of room confinement. (1) Punitive room confinement is prohibited.
(2) Any room used for room confinement shall be suicide resistant and protrusion free to reduce self-harm.
(3) Staff shall visually monitor youth in confinement. Visual monitoring shall be documented by staff.
(4) Youth shall spend a minimum of 30 hours per week and no less than 3 hours per day out of their assigned room, with time spent in the general population counted toward those hours.
(5) Youth shall have additional time out of their room to engage in gross motor exercise, social interaction and sensory stimulation activities unless a determination is made by a supervisor that the youth poses an immediate and substantial risk of physical harm to self or others.
(6) Youth shall have prompt access to water, toilet facilities, and hygiene supplies, either in their rooms or upon request to a staff member via any readily available communication method within 15 minutes of the request.
(7) Youth shall have property items similar to or the same as items allowed in the general population unless restricted as needed for safety of the youth or staff on a case-by-case basis. Any restriction shall only be temporary until the restricted items can be safely returned. A supervisor shall review any property restrictions on a daily basis and document the review.
(8) Youth shall have the ability to attend all regularly scheduled appointments with a social worker, psychology staff, and other health services unless it is determined by the superintendent following review of the psychology staff’s recommendation that the youth continues to present immediate and substantial risk of physical harm to others.
(9) Youth shall eat their meals out of their room unless a supervisor determines the youth presents an immediate and substantial risk of physical harm to others. If a youth is served their meal in-room a supervisor will document the occurrence including a justification for authorizing the meal in-room.
(10) Youth shall continue to receive any treatment programming they would regularly attend unless a determination is made by the superintendent following review of the psychology staff’s recommendation that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting group dynamics. Treatment services may be delivered one-on-one if the youth’s assigned social worker determines this to be in the best interest of the youth. The reasoning for the determination and the manner in which the treatment is provided shall be documented in the youth’s treatment record.
(11) Youth shall receive educational services with the general population except if a determination is made by staff that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting class instruction. When this determination is made, staff shall develop an alternative education plan within 24 hours including addressing any applicable special education services for youth.
(12) Youth must have access to any needed mental health treatment while in room confinement.
(13) Within 15 minutes of a youth’s placement in room confinement, staff shall orally inform the youth of their rights regarding grievances and appeals as specified in ch. DOC 380. Within one hour of a youth’s placement in room confinement, facility staff shall provide the youth with written notice of their rights regarding grievances and appeals. (14) Staff shall create a written report, after room confinement of a youth is completed, documenting the necessity of room confinement, the less restrictive measures attempted to avoid room confinement, and the length of time the youth spent in room confinement. The youth shall be provided a copy of the report immediately upon completion of the report.
SECTION 25. DOC 376.05 is repealed and recreated to read:
DOC 376.05 Monitoring youth. (1) Youth at the facility shall be monitored with the use of video and audio supervision.
(2) Visual monitoring of youth shall occur at staggered intervals not to exceed 30 minutes.
(3) Video and audio supervision may include cameras, body cameras, intercoms, microphones, telephone monitoring, or other electronic recording and surveillance devices.
(4) Information obtained by video or audio supervision or both may be used by the department or law enforcement for purposes that include administrative actions, discipline, program direction, investigations under the Prison Rape Elimination Act, 42 U.S.C. 15601, et. Seq. and the standards issued thereunder, 28 C.F.R. Part 115, and criminal prosecutions. (5) Video or audio supervision or both may not be used during private youth and psychology sessions unless informed consent is given by the youth.
(6) Video or audio supervision or both may not be used to interfere with or compromise
privileged communications between a youth and their attorney.
SECTION 26. DOC 376.06 is amended to read:
DOC 376.06 Youth count. A The superintendent shall establish and maintain a system for accurately accounting for the whereabouts of all youth under the superintendent’s supervision at all times. The system shall interfere as little as practical with school, work, program and recreational activities. The system shall be described in writing. All institution facility staff shall be familiar with the system.
SECTION 27. DOC 376.07, 376.08 and 376.09 are repealed and recreated to read:
DOC 376.07 Use of force. (1) The superintendent shall enact policies and procedures related to the use of physical force based on juvenile-focused best practices, including a physical force intervention training that is consistent with the provisions of this section.
(2) Corporal punishment of youth is not permitted under any circumstances.
(3) Only the minimum force that is reasonably necessary to achieve a proper objective may be used. Excessive force shall not be used.
(4) Staff may use physical force only if the individual staff member using force reasonably believes that it is immediately necessary to accomplish one of the following purposes:
(a) To prevent a youth who poses an imminent and substantial risk of physical harm from harming themselves or others.
(b) To regain control of all or part of a facility during a disturbance as defined in s. DOC 376.20 (1) or an emergency as defined in s. DOC 376.21 (1). (c) To prevent the escape of a youth.
(5) After the use of physical force, the youth who were involved shall be checked for injury and provided appropriate medical services. Staff shall submit a written report to the superintendent regarding any medical services provided.
(6) If physical force is used, each staff member involved shall submit a separate written report regarding the incident to the superintendent.
