In this section, a disturbance means any
of the following have occurred:
(a) Two or
more youth assault any person.
A youth has taken a hostage.
Two or more youth destroy state property or the property of another
(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.
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
(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
who are taken hostage have no authority to order any action or inaction by
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.
, 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.
A disturbance review panel shall consist
of 5 persons selected as follows:
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.
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
(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