Wisconsin Administrative Code
Department of Corrections
Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities
Subchapter I - General Provisions
Section DOC 373.09 - Defenses
Current through August 26, 2024
The following, if established by a youth by a preponderance of the evidence are complete defenses to alleged violations of the conduct rules under this chapter:
(1) MENTAL INCAPACITY. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.
(2) INVOLUNTARY INTOXICATION. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.
(3) MISTAKE. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.
(4) SELF-DEFENSE. A youth may use the minimum amount of force necessary to prevent death or bodily injury to self or in defending a third person. A youth may not continue to exercise self-defense after an order by staff to stop. In determining whether the minimum force was used in exercising self-defense, staff shall consider:
(5) ORDERS. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.
