Wisconsin Administrative Code
Department of Corrections
Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities
Subchapter I - General Provisions
Section DOC 373.03 - Definitions

Universal Citation: WI Admin Code ยง DOC 373.03

Current through August 26, 2024

In this chapter:

(1) "Administrator" means the administrator of the division or that person's designee.

(2) "Authorized" means any of the following:

(a) Permitted under department rules.

(b) Permitted under posted policies and procedures.

(c) Permitted by staff.

(3) "Close confinement" means restriction of a youth to the youth's assigned room with a minimum of one hour out-of-room time per day.

(4) "Conduct report" means a written report prepared by staff which describes facts relating to an alleged violation of a conduct rule by a youth.

(5) "Consent" means words or overt actions by a competent person indicating a freely given agreement.

(6) "Contraband" means any of the following:

(a) Any item which subch. VI prohibits a youth from possessing.

(b) Any item which is not state property and is on the institution grounds, but not in the possession of any person or in an approved location.

(c) Stolen property.

(d) Any item that is not on a youth's property list and is required to be.

(e) Any item of a type that is not allowed according to posted policies and procedures.

(f) Allowable items in excess of the quantity allowed according to posted policies and procedures.

(g) Items in the possession of a youth that do not belong to the youth, except for state property issued to the youth for personal use.

(h) Anything used as evidence in a disciplinary hearing that is deemed to be contraband by the hearing officer.

(7) "Day" means a calendar day.

(8) "Department" means the department of corrections.

(9) "Disturbance" means a serious disruption to institution order or security by 2 or more youth.

(10) "Division" means the department's division of juvenile corrections.

(11) "Harass" means to annoy or irritate repeatedly.

(12) "Hearing officer" means a staff member designated by the superintendent to conduct disciplinary hearings and perform other functions under this chapter.

(13) "Institution" means a type 1 secured correctional facility operated by the department.

(14) "Intentionally" means that a youth had a purpose to carry out an act or cause the result specified, or believed that the act, if successful, would cause the result specified.

(15) "Intimate part" means anus, groin, penis, testicles, buttocks, pubic or vaginal area or breast.

(16) "Knowingly" means only that it is reasonable to conclude that a youth believes that a specified fact exists.

(17) "Major conduct rule violation" means a violation of conduct rules for which a major penalty may be imposed.

(18) "Major penalty" means a disposition under s. DOC 373.80(3).

(19) "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.

(20) "Minor conduct rule violation" means any violation of a conduct rule which is not a major conduct rule violation and for which a minor penalty may be imposed.

(21) "Minor penalty" means a disposition under s. DOC 373.68.

(22) "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.

(23) "Negligently" means that a youth did an act or failed to do an act and thereby failed to exercise that degree of care appropriate for the circumstances.

(24) "Recklessly" means that a youth did an act or failed to do an act and thereby created an unreasonable risk that another might be injured. The act or failure to act shall demonstrate both a conscious disregard for the safety of another and a willingness to take known chances of perpetrating an injury.

(25) "Staff" means a state employee of the institution where a youth is housed.

(26) "Superintendent" means the superintendent of an institution or designee.

(27) "Supervisor" means staff designated by the superintendent to perform supervisory functions under this chapter.

(28) "Type 1 secured correctional facility" has the meaning given in s. 938.02(19), Stats.

(29) "Youth" means a person or persons supervised by the department in an institution consistent with the requirements of law and regardless of age.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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