Wis. Admin. Code Department of Corrections § DOC 392.03 - Definitions

Current through November 29, 2021

In this chapter:

(1) "Body contents search" means a search in which a youth is required to provide a sample of urine, breath, saliva, blood, or stool for testing for the presence of intoxicating substances, as defined in s. DOC 373.46(1), in accordance with department or county department procedures and with methods approved by the state laboratory of hygiene, or to submit to non-surgical physical examination by medical personnel which may include, but is not limited to, x-rays for detecting the use of intoxicating substances or the possession of contraband. A body contents search does not include an examination or test required by medical personnel for medical reasons.
(2) "County department" has the meaning given in s. 938.02(2g), Stats.
(3) "Department" means the department of corrections.
(4) "Drug" means any controlled substance, as defined in s. 961.01(4), Stats., or controlled substance analog, as defined in s. 961.01(4m), Stats., that is illegal to possess or use, or alcohol, as defined in s. 125.02(1), Stats., but does not mean a drug prescribed and used in accordance with law.
(5) "Drug test" means a chemical or other analysis of a body contents specimen collected from a youth for the purpose of determining if the youth has ingested or used any drug.
(6) "For cause test" means a drug test administered because staff has a reasonable suspicion that a youth has used or ingested drugs other than a prescription drug which is lawfully possessed and used.
(7) "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, and is supervised by the department or a county department until the expiration or termination of the youth's court ordered supervision.
(8) "Physician" means a person licensed as a physician under ch. 448, Stats.
(9) "Physician's assistant" means a person certified by the medical examining board under ch. 448, Stats., to perform patient services under the supervision and direction of a licensed physician.
(10) "Provider" means the department, a county department or a private agency under contract with the department or a county department that is authorized by the contract to administer drug tests.
(11) "Random test" means the collection of a specimen in a manner that does not follow a predetermined pattern and is not predicated on any particular fact or situation which creates a reasonable suspicion that a youth has used or ingested drugs.
(12) "Registered nurse" means a person licensed as a registered nurse under s. 441.06, Stats.
(13) "Scheduled test" means a test given to a youth on a regular, pre-planned basis and administered at a time when the youth knows the test will occur.
(14) "Staff" means provider staff with the responsibility of supervising a youth's placement and behavior.
(15) "Supervision" means the rights and duties of the department or a county department under ss. 938.34 and 938.505(1), Stats., or other requirements of law with respect to a youth placed by a court or the department in a type 2 secured correctional facility, a type 2 child caring institution, or on aftercare.
(16) "Supervisor" means a provider employee responsible for the supervision of aftercare, a type 2 secured correctional facility or a type 2 child caring institution, or that person's designee.
(17) "Type 2 child caring institution" has the meaning given in s. 938.02(19r), Stats.
(18) "Type 2 secured correctional facility" has the meaning given in s. 938.02(20), Stats.
(19) "Youth" means a person under the supervision of the department or a county department within the meaning of s. 938.505(1), Stats., pursuant to s. 48.366, Stats., or other requirements of law or a person subject to a criminal penalty, regardless of age.

Notes

Wis. Admin. Code Department of Corrections § DOC 392.03
Cr. Register, June, 2000, No. 534, eff. 7-1-00. Amended by, correction in (7) made under s. 13.92(4) (b) 7., Stats., Register February 2019 No. 758, eff. 3/1/2019

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