Section 393.03. Definitions.

  In this chapter:

(1)  "Administrative detention" means secure, temporary confinement of a youth in a type 1 secured correctional facility, an approved juvenile detention center or the approved juvenile section of a county jail pending the completion of a violation investigation, the outcome of a revocation proceeding or the placement of a youth in an authorized placement as an alternative to revocation.

(2)  "Administrator" means the administrator of the division of juvenile corrections or that person's designee.

(3)  "Aftercare" means the aftercare supervision status of a youth, as used in s. 938.34 (4n) , Stats., who is released from a type 1 or type 2 secured correctional facility by the office of juvenile offender review or by action of a court under s. 48.366 (5) (b) or 938.357 , Stats., and is supervised outside of a type 1 or type 2 secured correctional facility by the department or a county department until the expiration or termination of the youth's court ordered supervision.

(4)  "Aftercare provider" means the department or a county department designated by a juvenile court under s. 938.34 (4n) , Stats., to provide aftercare supervision or the department under s. 938.532 (3) , Stats.

(5)  "Agent" means a person employed by the department or a county department who provides aftercare supervision or type 2 status supervision for a youth and who is authorized to make decisions regarding aftercare or type 2 status supervision.

(6)  "Alternate care placement" means the placement of a youth, other than a youth on type 2 status, in a residential living arrangement other than the parental home.

(7)  "Corrective action" means an action taken by the department or a county department to correct a youth's behavior that may include, but is not limited to, education, development of life skills or vocational skills or community service.

(8)  "Corrective sanctions program" means the program under s. 938.533 , Stats.

(9)  "County department" means the county department under s. 46.215 , 46.22 or 46.23 , Stats.

(10)  "County director" means the director of the county department or that person's designee.

(11)  "County intake worker" means a person designated under s. 938.06 (3) , Stats., to provide intake services.

(12)  "Day" means a calendar day.

(13)  "Department" means the Wisconsin department of corrections.

(14)  "Division" means the department's division of juvenile corrections.

(15)  "Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical restraints or physical force.

(16)  "Hearing examiner" means an attorney employed by the Wisconsin department of administration to conduct revocation hearings under this chapter.

(17)  "Incapacitating agent" means any commercially manufactured device or chemical agent used by the department to temporarily control a youth.

(18)  "Investigation" means a process of fact-finding to determine whether a violation of aftercare has occurred, including the period of time needed to determine the appropriate action if a violation is substantiated.

(19)  "Mechanical restraint" means a commercially manufactured device approved by the department and applied to a youth's wrist, arm, legs or torso to restrain or impede free movement.

(20)  "OJOR" means the division's office of juvenile offender review.

(21)  "Regional chief" means a division regional manager responsible for oversight of community correctional services, or that person's designee.

(22)  "Staff" means an employee of the department or a county department.

(23)  "Summary disposition" means a written determination that a violation was committed and a consequence other than revocation shall be imposed.

(24)  "Superintendent" means the superintendent of a Type 1 secured correctional facility or that person's designee.

(25)  "Supervision" has the meaning given in s. 938.505 (1) , Stats.

(26)  "Supervisor" means a department or a county department employee responsible for the supervision or administration of juvenile aftercare supervision, or that person's designee.

(27)  "Type 1 secured correctional facility" has the meaning given in s. 938.02 (19) , Stats.

(28)  "Type 2 secured correctional facility" has the meaning given in s. 938.02 (20) , Stats.

(29)  "Type 2 status" means the status of a youth who is placed by the department in a type 2 secured correctional facility, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (a) or (c) , Stats., is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a) , Stats.

(30)  "Violation report" means a written report prepared by staff which describes facts relating to an alleged violation by a youth.

(31)  "Youth" means a person under the supervision of the department or a county department within the meaning of s. 938.505 (1) , Stats., or pursuant to s. 48.366 , Stats., regardless of age.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612 .

Note

Section 938.532 (3), Stats., was repealed by 2003 Wis. Act 33 . Microsoft Windows NT 6.1.7601 Service Pack 1