Wis. Admin. Code Department of Corrections DOC 396.03 - Definitions
In this chapter:
(1)
"Administrator" means the administrator of the division of juvenile corrections
or that person's designee.
(2)
"Administrative detention" means secure, temporary confinement of a youth in a
type 1 secured correctional facility, an approved juvenile detention center or
the approved juvenile section of a county jail pending the outcome of the
termination procedure in s.
DOC 396.12
or transfer to an alternative type 2 status placement.
(3) "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 OJOR or by action of a court under s.
938.357, Stats., and is
supervised outside of a type 1 secured correctional facility by the department
or a county department until the expiration or termination of the youth's court
ordered supervision.
(4) "Agent"
means a person, or that person's designee, employed by the department, who
provides aftercare supervision or type 2 community supervision for a youth and
who is authorized to make decisions regarding aftercare or community
supervision matters.
(5) "Bodily
injury" means physical pain or injury, illness or any impairment of physical
condition.
(6) "Body contents
search" means a search in which a youth is required to provide a sample of
urine, breath, saliva, blood, stool, hair, tissue or any body fluid for testing
for the presence of intoxicating substances, as defined in s.
DOC
373.46(1), in accordance with
department procedures and with methods approved by the state laboratory of
hygiene, or to submit to nonsurgical 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. Body contents searches
do not include examinations and tests performed by medical personnel for
medical reasons.
(7) "Case plan"
means a strategy or approach to address primary treatment needs of a youth
using the assessment and evaluation process identified in s.
DOC 371.04(1)
(e).
(8) "Chemical agent" means oleoresin of
capsicum or "OC" approved by the department for use as a non-deadly
force.
(9) "Close confinement"
means confinement to a youth's room with a minimum of one hour per day out of
the room.
(10) "Contraband" means
all of the following:
(a) Any item a youth may
not possess under the conduct rules and court-ordered conditions of the youth's
community placement, including, but not limited to, unauthorized money,
intoxicants, drug paraphernalia, weapons or smoking materials.
(b) Any item, the possession of which
violates any law of Wisconsin or the United States, a municipal ordinance or
any rule of the department.
(c) Any
item a youth may possess, but which comes into his or her possession in an
unauthorized manner including, but not limited to, an item that is received
from a person with whom the youth is not supposed to have contact under the
conduct rules or court-ordered conditions of the youth's placement.
(d) Stolen property.
(11) "Corporal punishment" means the
intentional infliction of physical pain as a means of discipline.
(12) "CSP" means the corrective sanctions
program under s. 938.533, Stats.
(13) "Day" means a calendar day.
(14) "Deadly force" means force which is
intended or is likely to cause death or great bodily harm to another.
(15) "Department" means the department of
corrections.
(16) "Division" means
the department's division of juvenile corrections.
(17) "Electronic monitoring" means monitoring
a youth's location with an electronic device of a type approved by the
administrator and worn by a youth to monitor the youth's location during
specific periods of time each day that the youth is required to be at his or
her place of residence or at another approved location.
(18) "Force" means the use of strength or
power to overcome resistance or to compel another to act or to refrain from
acting in a particular way. It includes the use of mechanical restraints or
physical force.
(19) "Great bodily
harm" means bodily harm that creates a high probability of death, serious
permanent disfigurement, a permanent or protracted loss or impairment of the
function of any body member or organ or other serious bodily harm.
(20) "Guardian" has the meaning given in s.
938.02(8),
Stats.
(21) "JPRC" means the joint
planning and review committee which makes short-term and long-term planning
recommendations for youth, with members representing the type 1 secured
correctional facility in which the youth resides, OJOR, the committing county
and the aftercare provider.
(22)
"Mechanical restraint" means a commercially manufactured device approved by the
department and applied to a youth's wrist, arm, legs or torso to restrain or
impede free movement.
(23)
"Modified confinement" means restriction of a youth to the youth's assigned
room with a minimum of 4 hours of out-of-room time per day.
(24) "Non-deadly force" means force which is
not intended to and is not likely to cause death or great bodily harm to
another.
(25) "OJOR" means the
division's office of juvenile offender review.
(26) "Parent" has the meaning given in s.
938.02(13),
Stats.
(27) "Personal search" means
a search of a youth's clothed person, including, but not limited to, inspection
of the person's pockets, frisking the person's body, examining the person's
shoes and hat and visually inspecting the inside of a person's mouth. A
personal search does not include a strip search, body cavity search or body
contents search.
(28) "Reasonably
believes" or "reasonable belief" means that the actor believes that a certain
fact exists and such belief under the circumstances is reasonable even though
the belief may be erroneous.
(29)
"Regional chief" means a division regional manager responsible for oversight of
community correctional services or that person's designee.
(30) "Report center" means a place where
designated youth in a type 2 secured correctional facility shall report at
specified times as a condition of program participation.
(31) "Rules of conduct" means the conditions
of placement in the community.
(32)
"Sanction" means any of a range of actions that staff may take when a youth
violates the rules of conduct or court-ordered conditions of community
supervision.
(33) "Sanction
placement" means an alternative placement in a designated home, foster home,
group foster home, child caring institution, secured juvenile detention center,
another type 2 secured correctional facility or a type 1 secured correctional
facility, when that placement is used for a specific period of time as a
sanction for a youth for violation of the rules of conduct or court-ordered
conditions of community supervision.
(34) "SJO" means the serious juvenile
offender program defined in s.
938.538, Stats.
(35) "Staff" means an employee of the
department.
(36) "Strip search"
means a search in which a youth is required to remove all clothing. Permissible
inspection includes examination of the youth's clothing and visual inspection
of body cavity orifices.
(37)
"Superintendent" means the superintendent of a type 1 secured correctional
facility or that person's designee.
(38) "Supervisor" means a department
supervisor responsible for the supervision or administration of aftercare or
community correctional program services or that person's designee.
(39) "Type 1 secured correctional facility"
has the meaning given in s.
938.02(19),
Stats.
(40) "Type 2 secured
correctional facility" has the meaning given in s.
938.02(20),
Stats.
(41) "Type 2 status" means
the status of a youth who is placed by the department in a type 2 secured
correctional facility, or who, having been so placed, is placed in a less
restrictive placement under s.
938.357(4) (am) or
(c), Stats., is under the supervision and
control of the department, is subject to the rules and discipline of the
department and is considered to be in custody, as defined in s.
946.42(1) (a),
Stats.
(42) "Youth" means a person
under the supervision of the department within the meaning of s.
938.505(1),
Stats., or pursuant to s.
48.366, Stats., regardless of
age.
(43) "Youth counselor" means
staff who may act as the "contact worker" under s.
938.533(2),
Stats., and are responsible for monitoring a youth's daily activities while the
youth is in a community supervision program.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.