Section 379.10. Property.

 

(1)   Possession of property. Youth are permitted to have a limited and specified amount of property in their possession in an institution in accordance with this section. The institution shall establish policies and procedures under this section relating to the acquisition, possession, use and disposal of property.

(2)   Property list. Each institution shall develop and maintain a list of the personal property items permitted at the institution. The list may establish limitations as to the value, type of property and number of particular items. The superintendent may approve additions to the property list if the additions further program goals. Youth shall be provided with a copy of the list when they arrive at the institution and any changes made subsequent to their arrival.

(3)   Acquiring property. Methods approved by a superintendent to acquire personal property may include any of the following:

(a) Purchase from the institution canteen.

(b) Purchase from an approved retail outlet.

(c) Delivery by approved visitors or mail.

(d) Other methods approved by the superintendent.

(4)   Inventory. Each institution shall monitor property in a youth's possession. A written inventory shall be maintained of all authorized property in a youth's possession. A youth is responsible for notifying the institution immediately if a discrepancy exists between the inventory and the property in the youth's possession.

(5)   Cost of property. The cost of personal property items, except those that are medically prescribed, may not exceed an amount approved by the superintendent for each item, excluding taxes and shipping cost. Personal property shall be inventoried for its value and an institution property receipt shall be provided.

(6)   Institution liability for property. The institution is not financially liable for the personal property of youth, unless staff negligence is the proximate cause of loss or damage. If staff have negligently caused loss or damage to a youth's personal property, the institution's liability is limited to the value of the property or the cost of repair, whichever is less, at the time of loss or damage, not to exceed the purchase price.

(7)   Disposal of property.

(a) Each superintendent shall develop policies and procedures, subject to approval of the administrator and consistent with s. DOC 376.17 , relating to the disposal of personal property of youth within the institution. Youth may choose the method of disposal, subject to security concerns.

(b) Upon the escape of a youth, the institution shall collect all personal property of the youth as soon as possible, prepare an inventory of the property and place the property in a secure area for safekeeping, subject to disposal under par. (a) .

(c) The institution shall not be responsible for damage due to storage or disposal after release or escape.

(d) Upon the death of a youth and satisfactory identification of the parents, the superintendent shall:

1. Prepare an affidavit for transfer of property under s. 867.03 , Stats., if the property and funds of the deceased youth have a value of more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and shall be filed with the institution prior to transfer of property to the parent in accordance with s. 867.03 , Stats.

2. Property with a value of $10,000 or more is to be managed in accordance with s. 867.01 , Stats.

(e) Items received at an institution but not approved shall be disposed of consistent with s. DOC 376.17 .

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