Wis. Admin. Code Department of Corrections DOC 376.045 - Conditions of room confinement

(1) Punitive room confinement is prohibited.

(2) Any room used for room confinement shall be suicide resistant and protrusion free to reduce self-harm.

(3) Staff shall visually monitor youth in confinement. Visual monitoring shall be documented by staff.

(4) Youth shall spend a minimum of 30 hours per week and no less than 3 hours per day out of their assigned room, with time spent in the general population counted toward those hours.

(5) Youth shall have additional time out of their room to engage in gross motor exercise, social interaction and sensory stimulation activities unless a determination is made by a supervisor that the youth poses an immediate and substantial risk of physical harm to self or others.

(6) Youth shall have prompt access to water, toilet facilities, and hygiene supplies, either in their rooms or upon request to a staff member via any readily available communication method within 15 minutes of the request.

(7) Youth shall have property items similar to or the same as items allowed in the general population unless restricted as needed for safety of the youth or staff on a case-by-case basis. Any restriction shall only be temporary until the restricted items can be safely returned. A supervisor shall review any property restrictions on a daily basis and document the review.

(8) Youth shall have the ability to attend all regularly scheduled appointments with a social worker, psychology staff, and other health services unless it is determined by the superintendent following review of the psychology staff's recommendation that the youth continues to present immediate and substantial risk of physical harm to others.

(9) Youth shall eat their meals out of their room unless a supervisor determines the youth presents an immediate and substantial risk of physical harm to others. If a youth is served their meal in-room a supervisor will document the occurrence including a justification for authorizing the meal in-room.

(10) Youth shall continue to receive any treatment programming they would regularly attend unless a determination is made by the superintendent following review of the psychology staff's recommendation that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting group dynamics. Treatment services may be delivered one-on-one if the youth's assigned social worker determines this to be in the best interest of the youth. The reasoning for the determination and the manner in which the treatment is provided shall be documented in the youth's treatment record.

(11) Youth shall receive educational services with the general population except if a determination is made by staff that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting class instruction. When this determination is made, staff shall develop an alternative education plan within 24 hours including addressing any applicable special education services for youth.

(12) Youth must have access to any needed mental health treatment while in room confinement.

(13) Within 15 minutes of a youth's placement in room confinement, staff shall orally inform the youth of their rights regarding grievances and appeals as specified in ch. DOC 380. Within one hour of a youth's placement in room confinement, facility staff shall provide the youth with written notice of their rights regarding grievances and appeals.

(14) Staff shall create a written report, after room confinement of a youth is completed, documenting the necessity of room confinement, the less restrictive measures attempted to avoid room confinement, and the length of time the youth spent in room confinement. The youth shall be provided a copy of the report immediately upon completion of the report.

Notes

Wis. Admin. Code Department of Corrections DOC 376.045

Adopter by, CR 24-003: cr. Register February 2025 No. 830, eff. 3/1/2025