Wisconsin Administrative Code
Department of Corrections
Chapter DOC 396 - Type 2 Secured Correctional Facilities
Section DOC 396.03 - Definitions

(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:

(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.