Wisconsin Administrative Code
Department of Corrections
Chapter DOC 396 - Type 2 Secured Correctional Facilities
Section DOC 396.08 - Conduct rules

Current through August 26, 2024

(1) GENERAL PROVISION. When a youth is transferred by OJOR from a type 1 to a type 2 secured correctional facility, the youth's agent or other staff shall meet with the youth and review any court-ordered conditions of community placement and the conduct rules of the type 2 secured correctional facility for the specific program in which the youth will participate. The youth shall sign a copy of the court-ordered conditions and conduct rules prior to the transfer of the youth.

(2) CONDUCT RULES. The following conduct rules apply to youth transferred to any type 2 secured correctional facility program:

(a) The youth shall not violate any state or federal law, any local ordinance or the rules of the department.

(b) The youth shall report any arrest or law enforcement contact to his or her agent as soon as possible, but not later than 12 hours after the contact. If a youth is taken into custody, the youth shall inform the law enforcement officer and any intake worker of the name of his or her agent and correctional status.

(c) The youth shall cooperate with his or her agent and other staff and fully participate in his or her program and case plan.

(d) The youth shall be completely truthful with his or her agent and other staff at all times.

(e) The youth shall comply with all curfews established by staff.

(f) The youth shall attend all educational and vocational programs and all appointments with service providers as scheduled.

(g) The youth shall comply with his or her daily appointment schedule as approved by staff.

(h) The youth shall report to and inform his or her agent or the assigned youth counselor of his or her whereabouts and activities as directed and may not go to or be present at any place prohibited by the agent, the youth counselor or placement facility staff.

(i) If the youth is on an approved daily schedule, the youth shall obtain prior approval from department or placement facility staff at least 24 hours in advance before making any changes in the approved daily schedule.

(j) The youth shall obtain prior approval from his or her agent or youth counselor to leave or change employment or to drop out of or change an educational or vocational program. If an unforeseen situation occurs causing the youth to leave or change employment or an educational or vocational program without prior permission, the youth shall notify his or her agent or youth counselor of the change as soon as possible, but not later than 24 hours after the change occurs.

(k) The youth and the adult or family with whom the youth resides shall obtain advance permission from the youth's agent before moving to a different residence.

(L) The youth shall not leave the state of Wisconsin unless the youth obtains prior permission and a signed travel permit from his or her agent.

(m) If placed on electronic monitoring, the youth shall cooperate with electronic monitoring procedures and shall not alter, damage or interfere in any way with the operation of the electronic monitoring equipment.

(n) The youth may not use or possess any drug, item or substance that is illegal to possess, any intoxicating substance or any prescription drug, except as properly prescribed for the youth in accordance with law.

(o) The youth may not purchase, own, carry or possess a firearm, knife, weapon or ammunition without the prior written permission of his or her agent. An agent may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under s. 941.29, Stats., any other state law, federal law, municipal ordinance or court order.

(p) The youth may not purchase, lease, possess, trade, sell, own or operate a motor vehicle without prior approval of the youth's agent. To obtain approval to operate a motor vehicle, the youth shall demonstrate proof of insurance, have a valid Wisconsin driver's license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the youth's rehabilitation.

(q) The youth may not borrow money, purchase on credit or enter into any contract without prior approval of his or her agent.

(r) The youth shall submit to and cooperate with searches of the youth's person, living quarters and property by staff and with tests ordered by staff, including but not limited to, urinalysis, breath tests and blood tests.

(s) The youth may not possess or use paging devices, cellular phones or similar communication devices without prior approval of his or her agent.

(t) The youth shall follow any additional rules, given orally or in writing that may be issued by staff. These rules may include, but are not limited to, directions concerning:
1. Companions.

2. Contacts with family members with whom the youth does not reside.

3. Sending and receiving mail.

4. Family responsibilities and child support.

5. Support of self, including earned and unearned income and its sources.

6. Court or municipal fines or obligations, including restitution and the collection and handling of all restitution funds.

7. Participation in community service.

8. Job seeking and job attendance.

9. Compliance with the policies and rules of a placement facility.

(u) The youth shall comply with any court-ordered conditions of community placement.

(3) NOTICE OF POSSIBLE TERMINATION. The copy of the conduct rules signed by a youth under sub. (1) shall include the following notice: "These conduct rules are in addition to any court-ordered conditions. Your aftercare may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of these conduct rules."

Note: The terminology in the Notice referring to "aftercare" and "revocation" should be modified for a youth on type 2 status to "type 2 status" and to "terminated."

(4) EXPLANATION OF THE CONDITIONS AND RULES. A youth's agent shall explain the conduct rules and any court-ordered conditions to the youth, the parent or adult with whom the youth will reside. The agent shall also explain what sanctions may be imposed for violation of the conduct rules or court-ordered conditions, including removal from the program and return to a type 1 secured correctional facility or if placed in a less restrictive placement, return to a type 2 secured correctional facility or other residential placement.

(5) ACCEPTANCE OF CONDITIONS. The agent shall prepare a written statement of the conduct rules and court-ordered conditions of the youth's program that apply to the youth and to the supervising adult or adults with whom the youth resides. The youth and the adult(s) shall sign the document stating their acceptance and agreement with the rules and conditions. The document shall state that failure to comply with all rules and conditions may result in revision of the rules and conditions, changes in the case plan, return to a type 1 or type 2 secured correctional facility or application of any other sanction allowed by law.

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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