DOC 396.11(1)(f)(f) If the youth remains in the current placement, there is a substantial danger that the youth will commit a crime.
DOC 396.11(1)(g)(g) If the youth remains in the current placement, there is a substantial risk that the youth will engage in an activity that violates a conduct rule or condition of program supervision.
DOC 396.11(1)(h)(h) The youth’s retention in the community placement will not accomplish the goals stated in s. DOC 396.01 (2).
DOC 396.11(2)(2)Notwithstanding sub. (1), an agent or other staff may take a youth into custody without prior supervisory approval if the decision maker reasonably believes that an urgent situation exists and that failure to immediately take the youth into custody may result in injury to some person, a violation of law or the youth’s escape.
DOC 396.11(3)(3)Supervisory staff shall review the placement of a youth in detention within 3 working days after it takes place. Before this review, staff shall provide the youth with the reason for detention in writing and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the youth’s response to the detention. If, upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the youth’s previous placement or alternative placement.
DOC 396.11(4)(4)No youth may remain in detention for more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), supervisory staff shall review the status of each youth in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the previous placement or alternative placement.
DOC 396.11(5)(5)A youth may be detained in a type 1 secured correctional facility, or other facility approved by the department.
DOC 396.11 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.12DOC 396.12Reasons for termination. A youth’s type 2 secured correctional placement or less restrictive placement may be terminated for any of the following reasons:
DOC 396.12(1)(1)There has been a change of circumstances, such as the loss, for any reason, of a residence, school or treatment program.
DOC 396.12(2)(2)The youth has committed one or more of the following violations:
DOC 396.12(2)(a)(a) The youth has violated a state or federal statute or local ordinance.
DOC 396.12(2)(b)(b) The youth has violated a department rule.
DOC 396.12(2)(c)(c) The youth has violated the rules of any facility, institution or program where the youth is held or to which the youth is assigned.
DOC 396.12(2)(d)(d) The youth has violated one or more of the conduct rules.
DOC 396.12(3)(3)In the discretionary judgment of the department, the transfer is reasonably calculated to serve the interests stated in s. DOC 396.01 (2).
DOC 396.12 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.13DOC 396.13Termination procedure.
DOC 396.13(1)(1)A proposed termination of placement under s. DOC 396.12 shall be reviewed by a supervisor.
DOC 396.13(2)(2)The supervisor may recommend one of the following to the administrator who shall make the determination:
DOC 396.13(2)(a)(a) Termination of the placement and transfer of the youth to a type 1 secured correctional facility.
DOC 396.13(2)(b)(b) Termination of the placement and transfer of the youth to a type 2 secured correctional facility if the youth was previously transferred from a type 2 secured correctional facility to a less restrictive placement.
DOC 396.13(2)(c)(c) Any other appropriate action.
DOC 396.13(3)(3)Prior to completion of the termination procedure, the department may take any action it considers necessary for protection of the public including administrative detention in a type 1 secured correctional facility or any other facility approved by the department to detain a youth.
DOC 396.13 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.14DOC 396.14Escape.
DOC 396.14(1)(1)Youth in CSP, the SJO program, a type 2 secured correctional facility or having been placed in a type 2 secured correctional facility by the department are subsequently placed in a less restrictive placement, are under the supervision of the department as defined in s. 938.505 (1), Stats., and are in custody as defined in s. 946.42 (1) (a), Stats.
DOC 396.14(2)(2)A youth has escaped if the youth is absent without permission or leaves one or more of the following placements or scheduled activities without permission:
DOC 396.14(2)(a)(a) The youth’s residence or other assigned placement.