Wisconsin Administrative Code
Department of Corrections
Chapter DOC 396 - Type 2 Secured Correctional Facilities
Section DOC 396.11 - Administrative detention

Universal Citation: WI Admin Code ยง DOC 396.11

Current through February 26, 2024

(1) A youth may be placed in administrative detention by the youth's agent or other staff with the approval of a supervisor and kept there if the supervisor is satisfied that there is a reasonable basis to believe that one or more of the following are true:

(a) If the youth remains in the community or in the current placement the youth will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

(b) If the youth remains in the current placement, the youth will encourage others by example, expressly, or by the youth's presence, to defy staff authority and thereby erode the ability of staff to control a particular situation.

(c) If the youth remains in the current placement, it will create a substantial danger to the physical safety of the youth or another person.

(d) If the youth remains in the current placement, there is a substantial danger that the youth will try to flee.

(e) If the youth remains in the current placement, a criminal, disciplinary or termination procedure under s. DOC 396.12 will thereby be inhibited.

(f) If the youth remains in the current placement, there is a substantial danger that the youth will commit a crime.

(g) If the youth remains in the current placement, there is a substantial risk that the youth will engage in an activity that violates a conduct rule or condition of program supervision.

(h) The youth's retention in the community placement will not accomplish the goals stated in s. DOC 396.01(2).

(2) Notwithstanding sub. (1), an agent or other staff may take a youth into custody without prior supervisory approval if the decision maker reasonably believes that an urgent situation exists and that failure to immediately take the youth into custody may result in injury to some person, a violation of law or the youth's escape.

(3) Supervisory staff shall review the placement of a youth in detention within 3 working days after it takes place. Before this review, staff shall provide the youth with the reason for detention in writing and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the youth's response to the detention. If, upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the youth's previous placement or alternative placement.

(4) No youth may remain in detention for more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), supervisory staff shall review the status of each youth in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the previous placement or alternative placement.

(5) A youth may be detained in a type 1 secured correctional facility, or other facility approved by the department.

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