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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.
2. Extra duty related to the misconduct.
3. Apology for the misconduct.
4. Monetary restitution.
5. A period of positive behavior.
(4) A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff or reduce the discipline. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.
(5) A youth has no right to be present at the supervisor’s review.
(6) Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.
(7) A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81.
(8) The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth’s official records.
(9) Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.
(10) More restrictive forms of discipline than those authorized in sub. (3), for a conduct rule violation may be imposed by a supervisor under this subsection as follows:
(a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3), modified as follows:
2. Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.
3. Loss of an off grounds activity for no longer than 30 days.
(b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:
1. Obtain a statement of facts with a recommendation from staff.
2. Inform the youth of the nature of the alleged infraction and the range of discipline.
3. Request that the youth relate the facts concerning the matter at issue.
(c) A disposition under this section shall be imposed consecutive to other dispositions under this section.
(e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.
(f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.
(11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.
(12) If a youth commits a conduct rule violation during the course of a visit, the visiting privileges may be suspended as a disposition, under s. DOC 379.07 (9) (b).
(13) If a conduct rule violation occurred as a result of misuse of the mail, the mail privileges may be suspended as a disposition, under s. DOC 379.04 (6).
(14) If a conduct rule violation occurred as a result of misuse of federal or state property, the federal or state property privileges may be suspended as a disposition under ch. DOC 379.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. (3) (b), am. (4), (10) (intro.), r. (10) (a) 1., am. (10) (c), r. (10) (d), renum. (12), (13) from DOC 373.11 (7), (8) and am., cr. (14) Register June 2025 No. 834, eff. 7-1-25.
DOC 373.79 Recordkeeping.
(1) A record of a conduct rule violation may be included in a youth’s permanent record only if the youth was found guilty by summary disciplinary procedure, as provided in s. DOC 373.68.
(2) Following an appeal in which the finding of guilty is reversed, all records of the conduct rule violation shall be removed from the youth’s records.
(3) No record of an alleged violation of the conduct rules which has been dismissed may be maintained in any official record or considered in making program or release decisions. Information concerning the alleged violation may be retained for statistical or administrative purposes only, but without personal identifiers.
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 373.81 Discipline: review by superintendent.
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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.