Wis. Admin. Code Department of Corrections DOC 376.20 - Disturbance plan
(1) In this section, a disturbance means any
of the following has occurred:
(a) A group
disturbance.
(b) An
incident.
(c) A youth has taken a
hostage.
(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 facility 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.
(3)
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 facility.
(d) To identify any person who participated
in the disturbance, to address youth behavior in accordance with ch. DOC 373
and to provide relevant information to the sheriff or local law enforcement
agency so that participants may be prosecuted.
(4) Staff who are taken hostage have no
authority to order any action or inaction by staff.
(5) If a major disturbance occurs that
prevents the normal functioning of the facility, the superintendent may suspend
the administrative rules of the department that relate to the division, except
ss.
DOC 376.05
to
376.09 and
376.13, until the disturbance is
ended and order is restored to the facility.
(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.
(8) A disturbance review panel shall consist
of 5 persons selected as follows:
(a) Two
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.
(b) Two
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
public.
(c) One member to be
designated by the superintendent of the facility where the incident occurred
from the facility 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
complied with.
Notes
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