Wis. Admin. Code Department of Corrections § DOC 376.10 - Escapes

Current through March 28, 2022

(1) PLAN. Each institution shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:
(a) Reporting the escape to the superintendent and the administrator.
(b) Staff communication.
(c) Notification to local and committing county law enforcement authorities.
(d) Notification to the community, consistent with s. 938.51(1r), Stats.

Note: There is no statutory requirement for notification to the community in the event of escape.

(e) Pursuit of the escapee.
(f) An immediate count of all youth.
(g) A search of the institution and grounds.
(h) An investigation into the background, mail and visitors list of the escaped youth.
(i) An accessible list of the names, addresses and phone numbers of off-duty staff members.
(j) The operation of essential posts.
(k) Securing tools and any implement that may be fashioned into a weapon.
(L) Victim notification, if requested under s. 938.51(4), Stats.
(m) The preservation of any evidence relevant to the escape and the chain of evidence.
(n) The repair of any facilities damaged in the escape.
(o) The responsibility of staff after an escape.
(p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.
(2) REPORTS. Reports of escapes required under sub. (1) (a) shall include:
(a) Date, time and location when the youth was last seen.
(b) The method of escape.
(c) Who was involved in the escape.
(d) A description of the escapee, including clothing worn.
(e) Action taken by the institution, including procedures initiated.
(f) A brief evaluation of the factors which may have contributed to the escape.
(g) The identification of persons who may have information about the escape.
(3) HOSTAGES. When a youth takes the superintendent or any staff hostage, the hostage shall have no authority to order any action or inaction by staff.
(4) PURSUIT. Any pursuit of an escaped youth by staff shall be done in cooperation with local law enforcement authorities. Until local law enforcement authorities are able to supervise pursuit, staff shall conduct the pursuit under supervision of the superintendent.
(5) OFF-DUTY STAFF. In the event of an escape, the superintendent may order any off-duty staff to work.
(6) VEHICLES. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.
(7) CRIMINAL CONVICTIONS. A youth who is in an institution because of an adult criminal court conviction who escapes from an institution shall be treated as an adult in regard to confidentiality of information.
(8) PUBLIC INFORMATION RELEASE. After 12 hours, the department may release information to the public if permitted under s. 938.78(3), Stats., for youth adjudicated for certain criminal offenses. The information may include the youth's name, age, physical description, including clothing, the date and time of the escape and the institution where the escape occurred.

Notes

Wis. Admin. Code Department of Corrections § DOC 376.10
Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (L) made under s. 13.93(2m) (b) 7, Stats., Register, June, 2000, No. 534.

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