DOC 396.09(1)(j) (j) Has the opportunity to participate in authorized recreational and leisure-time activities and appropriate religious activities.

DOC 396.09(1)(k) (k) Is monitored by CSP staff, if in the CSP program, 24 hours a day by a combination of programming, staff contacts and electronic monitoring.

DOC 396.09(2) (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 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.

DOC 396.10 DOC 396.10 Discipline.

DOC 396.10(1) (1) In this section:

DOC 396.10(1)(a) (a) “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.

DOC 396.10(1)(b) (b) “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.

DOC 396.10(1)(c) (c) “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.

DOC 396.10(1)(d) (d) “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).

DOC 396.10(2) (2) 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:

DOC 396.10(2)(a) (a) A violation of a state or federal statute, a local ordinance.

DOC 396.10(2)(b) (b) 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.

DOC 396.10(2)(c) (c) A violation of this chapter.

DOC 396.10(2)(d) (d) A violation of the conduct rules.

DOC 396.10(3) (3) The review procedure to determine if a youth has committed a violation includes all of the following:

DOC 396.10(3)(a) (a) An agent may impose a minor sanction for a minor offense after completing an investigation.

DOC 396.10(3)(a)1. 1. The agent shall document the offense and the sanction in the youth’s file.

DOC 396.10(3)(a)2. 2. 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.

DOC 396.10(3)(b) (b) A major offense shall be documented on a violation report prepared by a youth’s agent that shall include all of the following:

DOC 396.10(3)(b)1. 1. 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.

DOC 396.10(3)(b)2. 2. The rule allegedly violated, how the rule was violated and the date and place of violation.

DOC 396.10(3)(b)3. 3. Witness statements or summaries of witness statements.

DOC 396.10(3)(b)4. 4. The evidence and the names of witnesses reported by the youth.

DOC 396.10(3)(b)5. 5. The efforts that were made by the agent to interview witnesses and gather evidence identified by the youth.

DOC 396.10(3)(c) (c) Issuance of a proper notice cures a defective notice.

DOC 396.10(3)(d) (d) 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.

DOC 396.10(3)(e) (e) 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:

DOC 396.10(3)(e)1. 1. 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.