Current through August 26, 2024
(1) GENERAL. The
department shall afford an opportunity for administrative review of decisions
through the youth complaint procedure.
(2) OBJECTIVES. The objectives of this
procedure are:
(a) To allow youth to raise
questions in an orderly manner regarding a decision affecting their
supervision.
(b) To encourage
communication and cooperation between youth and staff.
(c) To resolve problems that arise under
supervision in an orderly and consistent manner.
(3) SCOPE. This complaint procedure may be
used by youth in the programs referred to in s.
DOC 396.01(1) to obtain a review of a
department decision that affects the youth personally, except any decision
regarding the following:
(a) Custody and
detention.
(b)
Termination.
(c) A violation of a
criminal law or ordinance.
(d) The
use or possession of a firearm or any weapon.
(e) Any conditions of supervision imposed by
a court or the office of juvenile offender review.
(f) Discharge of a youth prior to the
original discharge date of the youth's order for supervision.
(g) A major sanction under s.
DOC 396.10.
(4) FILING A COMPLAINT.
(a) A youth may initiate a review of a
decision by filing a complaint with his or her agent.
(b) The agent shall attempt to informally
resolve the complaint. Any resolution agreed to by the agent and the youth
shall be documented in the youth's file.
(c) If the complaint is not resolved as
provided under par. (b), the youth may file a written request for review with
the agent's supervisor within 5 days of the decision on which the complaint is
based, except that the supervisor may for good cause accept a complaint after
that time.
(5)
SUPERVISOR'S INVESTIGATION AND DECISION.
(a)
Upon receipt of a written request for review, the supervisor shall notify the
agent of the complaint and obtain a statement from the agent regarding the
complaint.
(b) The supervisor shall
review the complaint, the request for review, the agent's statement and any
other relevant information. The supervisor may interview the youth or others to
investigate the complaint. The supervisor shall issue a written decision within
14 working days of receipt of the request for review, stating the reasons for
the decision. The youth and the agent shall be given copies of the
decision.
(c) Failure to issue a
decision within the 14-day time period affirms the agent's decision.
(6) APPEAL OF THE SUPERVISOR'S
DECISION.
(a) A youth may appeal the
supervisor's decision in writing to the regional chief within 5 working days of
the receipt of the decision, or the failure to issue a decision, stating the
reasons for the appeal and requesting further review.
(b) The regional chief shall review the
youth's complaint and the supervisor's decision and issue a decision within 14
working days of receipt of the appeal, stating the reasons for the decision.
The regional chief may interview the youth or others to investigate the
complaint. Copies of the decision shall be sent to the youth, the agent and the
agent's supervisor.
(7)
APPEAL OF THE REGIONAL CHIEF'S DECISION.
(a)
If the youth disagrees with the decision of the regional chief, the youth may
appeal to the administrator within 5 working days after receiving the
decision.
(b) The administrator
shall review all relevant materials, including the youth's complaint, the
supervisor's decision, and the regional chief's decision and shall issue a
written decision on the complaint within 14 working days after receiving the
appeal. Copies of this decision shall be sent to the youth, the supervisor and
the regional chief.
(c) If the
administrator is unable to issue the decision within 14 working days, the
administrator shall notify the parties involved of the reason for the delay.
The administrator shall then have an additional 14 working days to issue a
decision.
(d) The administrator's
decision on the complaint shall be the final decision of the
department.
(e) If the
administrator does not issue a decision, the decision of the regional chief
shall be final.
(8)
AFFECT OF APPEAL ON A DISPUTED DECISION. During the period required under this
section for investigation or review of any complaint, all affected parties
shall comply with the decision currently under dispute.
(9) EXPEDITED APPEAL. If the time periods
required under this section for appeal of a complaint would effectively moot
the complaint, the supervisor, regional chief or administrator shall make all
reasonable efforts to expedite the appeal.
(10) PENALTIES.
(a) Staff shall not penalize a youth for
filing a complaint under this section.
(b) Notwithstanding par. (a), a youth may be
subject to discipline, up to and including transfer of the youth to a type 1
secured correctional facility, if it is determined that the youth knowingly
made a false allegation or complaint.
