Section 396.10. Discipline.

 

(1)  In this section:

(a) "Major offense" means a violation of one or more of the rules of supervision for which a major sanction may be imposed if the accused youth is found guilty. A major offense is an offense listed in s. DOC 373.11 (4) or any offense listed in the youth's conduct rules which is identified as a major offense.

(b) "Major sanction" means a temporary placement in a type 1 secured correctional facility or other sanction placement. An agent, with a supervisor's approval, may impose a major sanction that does not exceed 5 days. A regional chief may impose a major sanction that does not exceed 14 days. The administrator may impose a major sanction that exceeds 14 days. A major sanction does not require review and approval of OJOR under ch. DOC 371 .

(c) "Minor offense" means a violation of one or more of the rules of supervision for which a minor sanction may be imposed if the accused youth is found guilty.

(d) "Minor sanction" includes, but is not limited to, community service, restitution, loss of privileges, electronic monitoring or other programs prescribed by the department. A minor sanction does not include sanctions included in par. (b) .

(2)  A youth may receive a sanction under this chapter if the department determines, after completing a review under sub. (3) , that the youth has committed one of the following:

(a) A violation of a state or federal statute, a local ordinance.

(b) A violation of the rules of any facility, institution, placement or program in which the youth is held or to which the youth is assigned.

(c) A violation of this chapter.

(d) A violation of the conduct rules.

(3)  The review procedure to determine if a youth has committed a violation includes all of the following:

(a) An agent may impose a minor sanction for a minor offense after completing an investigation.

1. The agent shall document the offense and the sanction in the youth's file.

2. A youth may use the complaint procedure in s. DOC 396.21 to seek review of a decision to impose a minor sanction, except that filing a complaint shall not delay the imposition of a minor sanction.

(b) A major offense shall be documented on a violation report prepared by a youth's agent that shall include all of the following:

1. All of the facts obtained in the agent's investigation, the proposed sanction and a written statement from the youth or a report of an oral statement from the youth.

2. The rule allegedly violated, how the rule was violated and the date and place of violation.

3. Witness statements or summaries of witness statements.

4. The evidence and the names of witnesses reported by the youth.

5. The efforts that were made by the agent to interview witnesses and gather evidence identified by the youth.

(c) Issuance of a proper notice cures a defective notice.

(d) A copy of the violation report shall be served on the youth within 5 days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report.

(e) An agent may impose a major sanction after review and approval of a violation report by a supervisor under par. (d) , service of the violation report on a youth and completion of the following appeal procedure:

1. A youth may appeal a violation report to a regional chief by service of a written appeal within 5 working days of receipt of the violation report. The regional chief who conducts the review shall not be the person who has imposed a sanction under this section.

2. If an appeal is to the regional chief's designee, the designee shall not be the immediate supervisor of the agent who conducted the investigation.

3. The regional chief shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal. If the sanction is reversed, the supervisor ruling on the appeal shall direct that the sanction be removed from the youth's record.

4. An appeal by a youth shall not delay the imposition of a major sanction.

(4)   Chapters DOC 371 to 381 , 383 and 392 and all type 1 secured correctional facility policies and procedures apply to a youth when the youth is transferred to a type 1 secured correctional facility for the period of the sanction.

(a) When a youth is transferred to a placement other than a type 1 secured correctional facility as a sanction, all rules and policies of the placement apply to the youth.

(b) Type 1 secured correctional facility staff may place the youth in a secured status or other program under close or modified confinement during the period of the sanction consistent with the youth's needs and institution needs and subject to department rules and institution policies and procedure.

(c) Close or modified confinement may not be used in a type 2 secured correctional facility operated by a child welfare agency.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7. , Stats., Register June 2011 No. 666 .