DOC 394.06(3)(a)(a) Send the type 2 CCI a written notice of the violation and require the type 2 CCI to correct the violation within a specified period of time.

DOC 394.06(3)(b)(b) Remove the CCIs type 2 CCI designation and send notice of the removal to the juvenile courts, county departments, and department of health and family services.

DOC 394.06(4)(4) A type 2 CCI may appeal a department decision under sub. (2) or (3) by filing an appeal with the division of hearings and appeals in the department of administration under ch. 227, Stats., in the manner specified by the division of hearings and appeals.

DOC 394.06 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

DOC 394.07(1)(1) Required notification. A county agent shall notify a type 2 status youth at or prior to intake, and a supervisor or designee of the type 2 CCI shall notify type 2 status youth at intake of all of the following:

DOC 394.07(1)(a)(a) The rules of the type 2 CCI that the youth is to follow, and the possible consequences if the youth violates a rule, including placement in a type 1 secured correctional facility for up to 10 days without a hearing.

DOC 394.07(1)(b)(b) The definition of escape and the possible consequences of escape, including placement in a type 1 secured correctional facility for up to 10 days without a hearing.

DOC 394.07(1)(c)(c) The procedure that the type 2 CCI and the county department will follow in the event of an alleged rules violation or escape, including the youth’s rights to request review of an allegation or a decision by the type 2 CCI or the county department.

DOC 394.07(2)(2) Acknowledgment. A type 2 CCI shall have a youth acknowledge in writing that he or she has been notified of the items in sub. (1) and understands the notification. A copy of the acknowledgment, or if the youth refuses to acknowledge, a report of the notification, shall be placed in the youth’s file.

DOC 394.08(1)(1) Definition. A youth placed in a type 2 CCI who has physically left the grounds of the facility, or a youth in that placement who is subsequently placed in a less restrictive placement under s. 938.357 (4) (c) 2., Stats., shall be considered to have escaped if the youth is absent without permission from or leaves one or more of the following placements or scheduled activities without permission:

DOC 394.08(1)(e)(e) Any other scheduled program or activity, including an authorized treatment program, community service assignment or any other activity established in the youth’s daily schedule.

DOC 394.08(1)(f)(f) Any other place to which the youth has been assigned, including an approved home visit.

DOC 394.08(2)(2) Supervisor. Staff shall promptly notify a supervisor whenever a type 2 status youth escapes.

DOC 394.08(3)(3) Law enforcement. When staff reasonably believe that a type 2 status youth placed in a type 2 CCI has escaped, staff shall immediately contact law enforcement authorities to request apprehension.

DOC 394.08(4)(4) Apprehension. Staff approved by the department under s. 938.08 (3) (a), Stats., may take a youth who has escaped into physical custody.

DOC 394.08(5)(5) County. A type 2 CCI shall promptly notify a county agent from the supervising county whenever a type 2 status youth under the supervision of the county escapes.

DOC 394.08(6)(6) Referral for escape. A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by a county department to a district attorney for consideration of charges regarding the escape.

DOC 394.09(1)(1) Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, trained staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.

DOC 394.09(2)(2) Corporal punishment. Staff may not impose corporal punishment on any youth.

DOC 394.09(3)(3) Amount of physical force. Only reasonable and the minimum necessary force may be used stop a youth in the act of escaping or to apprehend a youth under s. 938.08 (3), Stats. Staff may not use excessive force. All of the following procedures apply to the use of force to unless use of the procedures would facilitate an escape: