Wisconsin Administrative Code
Department of Corrections
Chapter DOC 373 - Youth conduct in Type 1 secured correctional facilities
Subchapter I - General Provisions
Section DOC 373.13 - Prehearing security

Universal Citation: WI Admin Code ยง DOC 373.13

Current through August 26, 2024

(1) A youth may be placed in prehearing security if a supervisor has a reasonable belief that one or more of the following is true:

(a) If the youth remains in the general population, there will be a significant physical or psychological danger to the youth or another person.

(b) If the youth remains in the general population, the youth will seek to intimidate a witness in any pending investigation.

(c) If the youth remains in the general population, the youth will encourage other youths by example, expressly, or by the youth's presence, to defy staff authority and thereby erode staff's ability to control a particular situation.

(d) If the youth remains in the general population, the youth will create a significant danger to property.

(e) If the youth remains in the general population there is a significant risk of escape.

(f) If the youth remains in the general population, an investigation will thereby be inhibited.

(g) If the youth remains in the general population, a significant risk to institution security will be created.

(2) When a youth is placed in prehearing security under sub. (1), a supervisor shall inform the youth in writing within 48 hours of the placement of the reason for the placement and the person who has authorized the placement.

(3) The superintendent shall review the placement decision under sub. (1) within 48 hours of the placement, excluding weekends and legal holidays, to determine whether a youth still needs to be in prehearing security consistent with this section.

(4) No youth may remain in prehearing security pending investigation longer than 7 days without being served an approved conduct report and without receiving the notice in s. DOC 373.71.

(5) No youth may remain in prehearing security pending a hearing longer than 21 days. The superintendent shall review the status of each youth in prehearing security at least every 7 days to determine whether confinement continues to be appropriate. If upon review it is determined that confinement is not appropriate, the youth shall be released from prehearing security immediately.

(6) A youth shall be placed in an appropriate setting to achieve the objectives of this section. A youth's own room may be used for prehearing security.

(7) A youth may be required to wear mechanical restraints while outside of the living quarters if the superintendent determines that the use of mechanical restraints is necessary to protect staff, other youth or other persons, or to maintain the security of the institution.

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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