Wis. Admin. Code Department of Corrections DOC 375.06 - Review of need for continued observation

(1) If a physician or psychologist determines that observation of a youth under s. DOC 375.04(1) (a) must continue beyond 14 days and the superintendent has initiated transfer proceedings under s. DOC 375.04(3) (b) or (c), a psychologist or physician, other than the person who made the original placement, shall review the need for continued confinement of the youth following notice under sub. (2).

(2) The psychologist or physician who conducts the review under sub. (1) shall serve written notice of the review on the youth within 14 days after the youth is first placed in observation. Notice shall include:

(a) The allegation of the youth's mental illness and dangerousness.

(b) The standards used to determine mental illness and dangerousness.

(c) The evidence to be considered at the review.

(d) The sources of information relied upon, unless such disclosure would threaten personal safety or institution security. If information is not disclosed, the notice shall state that information is not being disclosed and the reason it has not being disclosed.

(e) An explanation of the possible consequences of the review.

(f) An explanation of the youth's rights at the review which include all of the following:

1. The right to be present.

2. The right to deny the allegation.

3. The right to an advocate in accordance with s. DOC 373.74 and the right to present or have the advocate present information obtained from witnesses.

4. The right to present documentary evidence.

5. The right to question witnesses.

6. The right to receive a written decision, stating the reasons based upon the evidence.

7. The right to appeal the finding in accordance with s. DOC 375.10.

8. The date, time and place of the review and an order that the youth appear at the review.

(3) The review under sub. (1) shall take place not sooner than 2 days and not later than 5 days after service of notice to the youth. The youth may not waive the review or the time limits under this subsection.

(4) All of the following procedures apply at the review under sub. (1):

(a) The person conducting the review shall read aloud the allegations of the youth's dangerousness and mental illness.

(b) All witnesses present including the youth and the staff member who recommended the placement into observation shall have an opportunity to speak.

(c) The person conducting the review may require that available evidence be offered.

(d) The youth may ask questions or submit written questions to be asked of a witness. Repetitive, disrespectful, or irrelevant questions may be forbidden.

(e) The person conducting the review shall maintain a written record consisting of exhibits presented at hearing and a summary of witness statements.

(f) If the person conducting the review determines that a witness shall not be called or that the identities or sources of information relied upon or any statements or evidence should not be included in the record, because personal safety or institution security is implicated, the omission shall be noted in the record. Witness availability shall be determined consistent with s. DOC 373.76(3).

(5) After the review under sub. (1), the person conducting the review shall deliberate in private considering only the evidence presented, the youth's records and the definitions of dangerousness and mental illness in this chapter. The superintendent shall immediately release the youth from observation if the person conducting the review determines that the youth is not both mentally ill and dangerous. If the person conducting the review determines that the youth is both mentally ill and dangerous, the youth shall remain in observation. The reasons for the decision shall be given to the youth orally and in writing within 5 days after the decision is issued.

(6) The superintendent shall require a review under sub. (1) at least once every 21 days after issuance of the decision under sub. (5). A youth may not be confined in observation for more than 60 days from the day the youth is placed in observation, unless the administrator grants an extension of that time period. The reviews under sub. (1) must be conducted at least every 21 days during a period of extension.

Notes

Wis. Admin. Code Department of Corrections DOC 375.06

Cr. Register, June, 2000, No. 534, eff. 7-1-00.