Section 373.68. Summary disciplinary dispositions.

 

(1)  A youth may be disciplined summarily for a minor conduct rule violation in accordance with this chapter. When a youth is disciplined summarily under this section, staff shall make an appropriate record.

(2)  When staff who have the responsibility for supervising a youth believe that a penalty listed in sub. (3) is appropriate, staff shall do all of the following:

(a) Inform the youth of the nature of the alleged infraction and the potential disposition.

(b) Obtain the youth's version of the underlying facts.

(c) Make a finding as to whether the youth violated a conduct rule, communicate this finding to the youth and impose discipline consisting of one or more of the disciplinary actions under sub. (3) .

(3)  Discipline imposed by staff under this section shall be limited to one or more of the following disciplinary actions:

(a) An oral or written reprimand.

(b) Room confinement for a maximum of 5 hours. Room confinement may not be served during mandatory program periods.

(c) Exclusion from the youth's room for a maximum of 5 hours.

(d) Loss of a specific privilege for up to one week or loss of participation in a special event.

(e) A disposition, which may include:

1. Counseling and a warning.

2. Extra duty related to the misconduct.

3. Apology for the misconduct.

4. Monetary restitution.

5. A period of positive behavior.

(4)  A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff, reduce the discipline or write a conduct report if it is determined that the violation was a major conduct rule violation. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.

(5)  A youth has no right to be present at the supervisor's review.

(6)  Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.

(7)  A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81 .

(8)  The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth's official records.

(9)  Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.

(10)  More restrictive forms of discipline than those authorized in sub. (3) , for a conduct rule violation not designated as a major conduct rule violation under this chapter, may be imposed by a supervisor under this subsection as follows:

(a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3) , modified as follows:

1. Room confinement for not more than 10 hours.

2. Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.

3. Loss of an off grounds activity for no longer than 30 days.

(b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:

1. Obtain a statement of facts with a recommendation from staff.

2. Inform the youth of the nature of the alleged infraction and the range of discipline.

3. Request that the youth relate the facts concerning the matter at issue.

(c) A disposition under this section shall be imposed consecutive to other dispositions under this section and may be imposed consecutive to a disposition under s. DOC 373.80 .

(d) The supervisor may impose discipline under this subsection, may dismiss the charge, or may write a conduct report if the conduct rule violation is a major conduct rule violation.

(e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.

(f) A youth may appeal the supervisor's decision under this section consistent with s. DOC 373.81 .

(11)  Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17 .

History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00.