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
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