Section 373.82. Basic services and privileges for youth serving a major penalty.  


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  • (1)  All of the following are the minimum services and privileges for a youth serving a major penalty, unless suspended under sub. (2) , because the youth is out of control:
    (a) Underwear, socks, outer clothing or, when warranted, clothing which will assist in the prevention of self-harm.
    (b) Appropriate bedding supplies.
    (c) Toothbrush, toothpaste and comb or pick.
    (d) Washcloth, towel, soap and shower.
    (e) Full meals at regularly scheduled times.
    (f) Reading and writing materials.
    (g) Daily exercise or recreation, to take place outside of room or cell.
    (h) Reasonable social worker contact and discussion, if requested by the youth.
    (i) Daily counselor contact.
    (j) Daily opportunity to clean room or cell.
    (k) Crisis intervention worker or other appropriate staff contacts and discussion.
    (L) Daily, except Saturday, Sunday and legal holidays, teacher contact. The youth shall be offered at least 3 hours of educational work a day. Youth with exceptional educational needs shall be offered instruction in accordance with law.
    (m) Health care.
    (n) Pastoral care services, if requested by the youth.
    (2)  A youth may be placed in control status and one or more of the items of personal property in sub. (1) may be removed temporarily if the youth is any of the following:
    (a) Physically out of control and abusing or misusing any item of personal property under sub. (1) in a manner that creates a dangerous situation or serious disruption.
    (b) Escalating toward the loss of physical control and, based on the youth's behavior and history, it is reasonably believed that a dangerous situation or serious disruption will occur if the youth is not placed in control status and one or more items of personal property in sub. (1) are not removed temporarily.
    (c) In observation status under ch. DOC 375 .
    (3)  The maximum period of time a youth may remain in control status without approval of the superintendent is 72 hours.
    (4)  When a youth is retained in control status more than 72 hours, a clinical evaluation to consider appropriateness for transfer to a mental health facility shall be conducted as soon as is reasonably possible.
History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00.