DOC 376.045(13) (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.

DOC 376.045(14) (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.

DOC 376.045 History History: CR 24-003: cr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.05 DOC 376.05 Monitoring youth.

DOC 376.05(1) (1) Youth at the facility shall be monitored with the use of video and audio supervision.

DOC 376.05(2) (2) Visual monitoring of youth shall occur at staggered intervals not to exceed 30 minutes.

DOC 376.05(3) (3) Video and audio supervision may include cameras, body cameras, intercoms, microphones, telephone monitoring, or other electronic recording and surveillance devices.

DOC 376.05(4) (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 USC 15601, et. Seq. and the standards issued thereunder, 28 CFR part 115, and criminal prosecutions.

DOC 376.05(5) (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.

DOC 376.05(6) (6) Video or audio supervision or both may not be used to interfere with or compromise privileged communications between a youth and their attorney.

DOC 376.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.06 DOC 376.06 Youth count. The superintendent shall establish and maintain a system for accurately accounting for the whereabouts of all youth 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 facility staff shall be familiar with the system.

DOC 376.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, 3-1-25.

DOC 376.07 DOC 376.07 Use of force.

DOC 376.07(1) (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.

DOC 376.07(2) (2) Corporal punishment of youth is not permitted under any circumstances.

DOC 376.07(3) (3) Only the minimum force that is reasonably necessary to achieve a proper objective may be used. Excessive force shall not be used.

DOC 376.07(4) (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:

DOC 376.07(4)(a) (a) To prevent a youth who poses an imminent and substantial risk of physical harm from harming themselves or others.

DOC 376.07(4)(b) (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).

DOC 376.07(4)(c) (c) To prevent the escape of a youth.

DOC 376.07(5) (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.

DOC 376.07(6) (6) If physical force is used, each staff member involved shall submit a separate written report regarding the incident to the superintendent.

DOC 376.07(7) (7) All facility staff shall be trained in de-escalation practices at least annually.

DOC 376.07(8) (8) Staff may use the physical force necessary to prevent death or great bodily harm.

DOC 376.07(9) (9) Youth may not use physical force at any time.

DOC 376.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

DOC 376.08 DOC 376.08 Use of chemical agents. The use of oleoresin capsicum and other chemical agents is prohibited.

DOC 376.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.