DOC 373.64DOC 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.

DOC 373.65(1)(1) Each institution shall make specific policies and procedures relating to talking, clothing, movement within the institution, conditions of leave from the institution, 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 institution policy or procedure may conflict with any provision of this chapter or be stricter than any provision of this chapter.

DOC 373.65(2)(2) The institution may solicit the views of youth prior to the adoption of an institution policy or procedure.

DOC 373.65(3)(3) Discipline may be imposed for violation of an institution policy or procedure only if at least one of the following apply:

DOC 373.65(3)(a)(a) The policy or procedure was posted on an institution bulletin board or in an institution handbook and a youth had actual knowledge of the institution policy or procedure at the time of the violation.

DOC 373.65(3)(b)(b) There is a violation of an institution policy or procedure in an institution 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.

DOC 373.65(4)(4) Each institution 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 Bulletins that are no longer in effect shall be removed from the bulletin board.

DOC 373.65(5)(5) A handbook of all current policy and procedure bulletins under sub. (1) shall be maintained at the institution and be readily accessible to youth.

DOC 373.66DOC 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:

DOC 373.66(1)(1) If a conduct rule violation is a minor conduct rule violation, a conduct report may not be written, but a youth may be counseled and warned, consistent with s. DOC 373.67 or disciplined summarily, consistent with s. DOC 373.68.

DOC 373.66(2)(2) A major conduct rule violation shall be referred to the superintendent in writing by a conduct report under s. DOC 373.69. Violations referred to the superintendent may be dealt with as follows:

DOC 373.66(2)(a)(a) The superintendent may dismiss, alter or correct the conduct report consistent with s. DOC 373.70.

DOC 373.66(2)(b)(b) If the superintendent determines that a violation should be treated as a minor conduct rule violation, the superintendent shall refer the matter to appropriate staff to be disposed of in accordance with s. DOC 373.68.

DOC 373.66(2)(c)(c) If the violation is a major conduct rule violation, the superintendent shall refer the matter to a hearing officer to be disposed of in accordance with this subchapter.

DOC 373.66(3)(3) Violations of the criminal law may be referred under s. DOC 373.83 to law enforcement authorities for prosecution.

DOC 373.67(1)(1) Staff may write conduct reports only for major conduct rule violations under s. DOC 373.11 (4) or violations of conduct rules which they believe are major conduct rule violations under s. DOC 373.11 (5). 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:

DOC 373.67(1)(b)(b) The youth has not violated the same or a closely related rule recently, whether or not discipline was imposed.

DOC 373.67(1)(d)(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.