Section 376.20. Disturbance plan.

 

(1)  In this section, a disturbance means any of the following have occurred:

(a) Two or more youth assault any person.

(b) A youth has taken a hostage.

(c) Two or more youth destroy state property or the property of another person.

(d) Two or more youth, acting in concert, refuse to comply with an order to return to living quarters or to go to a place.

(e) One or more youth incite or encourage one or more youth by words or acts to do any of the acts referred to in pars. (a) to (d) .

(2)  Each institution shall have a written plan, a copy of which shall be filed with the administrator, to control and stop a disturbance. The plan shall be prepared by the superintendent and shall be reviewed at least once a year.

(3)  The purposes of the disturbance plan are:

(a) To ensure, as the highest priority, the safety and welfare of the general public, staff and youth.

(b) To protect property.

(c) To maintain and restore order to the institution.

(d) To identify any person who participated in the disturbance, to provide for disciplinary action to be taken according to ch. DOC 373 and to provide relevant information to the sheriff or local law enforcement agency so that participants can be prosecuted.

(4)  Staff who are taken hostage have no authority to order any action or inaction by staff.

(5)  If a major disturbance occurs that prevents the normal functioning of the institution, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09 , until the disturbance is ended and order is restored to the institution.

(6)  A superintendent shall immediately notify the administrator of a disturbance.

(7)  If a disturbance occurs and a person is injured or if it results in a suspension of the rules under sub. (5) , the secretary may convene a disturbance review panel to investigate the disturbance. The panel shall be made up of persons selected in accordance with sub. (8) . The panel shall have adequate staff to conduct a thorough investigation of the disturbance.

(8)  A disturbance review panel shall consist of 5 persons selected as follows:

(a) Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.

(b) Two members designated by the administrator, one of whom shall be a member of the administrator's central office staff and one of whom shall be a member of the public.

(c) One member to be designated by the superintendent of the institution where the incident occurred from the institution staff.

(9)  A disturbance review panel shall submit a written report to the secretary that includes the facts relevant to the incident and states a conclusion as to whether the department's rules were complied with.

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