DOC 393.05(4)(4)The copy of the conduct rules signed by a youth under sub. (3) 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 393.05(5)(5)At a youth’s first meeting with his or her agent following the youth’s release, the agent shall personally review the conduct rules and court-ordered conditions with the youth, and the agent and the youth shall sign a copy of the conduct rules if the youth did not sign the rules prior to release from the institution. The agent may modify or supplement the youth’s conduct rules at any time, either orally or in writing. If the agent modifies or supplements the conduct rules orally, the agent shall promptly give the youth a written copy of the changed or additional conduct rule.
DOC 393.05(6)(6)A youth who disagrees with a conduct rule established by his or her agent may appeal the agent’s decision to the agent’s supervisor within 5 working days of the decision. The supervisor shall review the appeal and make a written response to the youth within 5 working days of receipt of the appeal, upholding, reversing, or modifying the conduct rule. If the supervisor does not make a written response, the conduct rule is upheld.
DOC 393.05(7)(7)If the youth is in disagreement with the supervisor’s decision, the youth may appeal that decision to the next supervisory level of the department or county department within 5 working days of the supervisor’s decision or failure to issue a decision under sub. (6). The next level supervisor shall issue the final decision of the department or county department within 5 working days of receipt of the appeal. If the next level supervisor does not make a written response, the supervisor’s decision is upheld.
DOC 393.05 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 393.06DOC 393.06Use of force.
DOC 393.06(1)(1)General. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to exercise force to control a youth. When it is not practical, staff may use force to control the youth in accordance with this section.
DOC 393.06(2)(2)Corporal punishment. Staff may not impose corporal punishment on a youth.
DOC 393.06(3)(3)Amount of force. Only reasonable and the minimum necessary force may be used to achieve control of a youth. Staff may not use excessive force.
DOC 393.06(4)(4)Non-Deadly force.
DOC 393.06(4)(a)(a) Staff may use non-deadly force to control a youth only if the user of force reasonably believes its use is immediately necessary to accomplish one of the following purposes:
DOC 393.06(4)(a)1.1. To prevent an escape.
DOC 393.06(4)(a)2.2. To prevent death or bodily injury to oneself or another.
DOC 393.06(4)(a)3.3. To prevent unlawful damage to property.
DOC 393.06(4)(a)4.4. To change the location of a youth.
DOC 393.06(4)(a)5.5. To take a youth into custody or transport a youth.
DOC 393.06(4)(b)(b) Before non-deadly force is used to accomplish one of the purposes under par. (a), staff shall use all reasonable efforts to persuade the youth to be voluntarily taken into custody or to cease inappropriate behavior.
DOC 393.06(5)(5)Deadly force.
DOC 393.06(5)(a)(a) Staff may use deadly force to control a youth only if the user reasonably believes that its use is immediately necessary to prevent death or great bodily harm to oneself or another.
DOC 393.06(5)(b)(b) Staff may not use deadly force to control a youth if its use creates a substantial danger of harm to an innocent third party, unless the danger created by not using deadly force is greater than the danger created by its use.
DOC 393.06(6)(6)Follow up after the use of force.
DOC 393.06(6)(a)(a) After staff use force to control a youth, the youth and any involved staff shall immediately be checked for injury. If the youth or staff have been injured, the staff shall immediately seek appropriate medical treatment of any injury to the youth or staff. A supervisor shall be notified immediately of any injury to the youth or staff.
DOC 393.06(6)(b)(b) When force is used against a youth, all staff who observed or were involved in the incident, shall submit a written record to a supervisor within 24 hours of the incident. The record shall describe the use of force and be placed in the youth’s file. The record shall include all of the following:
DOC 393.06(6)(b)1.1. The youth’s full name and the date, time and place force was used against the youth.
DOC 393.06(6)(b)2.2. The name of all staff who used force against the youth.
DOC 393.06(6)(b)3.3. The reason for using force.
DOC 393.06(6)(b)4.4. The names of all persons who observed the use of force.
DOC 393.06 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 393.07DOC 393.07Mechanical restraints.