There are several other requirements that must be met to be a licensed facility. The license holder must provide training for staff that is modified annually to meet the needs of individual staff persons and staff who will have direct contact with residents must attend and successfully complete orientation training before having unsupervised contact with residents. Minn. R. 2960.0100(3). The license holder must not assign staff in a manner that invades the privacy of residents or embarrasses or diminishes the dignity of residents by requiring staff of the opposite sex to perform strip searches or witnessing or assisting at internal body searches. Minn. R. 2960.0240(3). Finally, the license holder must know the whereabouts of each resident and there must be a resident count at least once each eight hours. Minn. R. 2960.0080(6) and Minn. R. 2960.0390.
8. Summary of the factual data and analytical methodologies: The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s. 227.114, Stats. 9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis: Not applicable.
10. Effect on small businesses: Not applicable.
11. A copy of any comments and opinion prepared by the Board of Veterans Affairs. Not applicable.
12. Agency contact person: Caitlin Washburn, Administrative Rules Coordinator, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI, 53707-7925; by phone: (608) 240-5020; or by email: DOCAdministrativeRulesCommittee@wisconsin.gov. 13. Place where comments are to be submitted and deadline for submission: Written comments on the proposed rule will be accepted and receive consideration if they are received by a date to be determined. Written comments should be addressed to: Administrative Rules Committee, c/o Caitlin Washburn, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email: DOCAdministrativeRulesCommittee@wisconsin.gov.
TEXT OF RULE
SECTION 1. DOC Chapter 374 is repealed.
SECTION 2. DOC 376.03 (2) and (3) are repealed.
SECTION 3. DOC 376.03 (4) is amended to read:
DOC 376.03 (4) “Body contents search” means a search in which a youth is required to provide a biological sample which includes, but is not limited to, including deoxyribonucleic acid (DNA), urine, breath, or blood or stool for testing for the presence of intoxicating substances, as defined in s. DOC 373.46(1), in accordance with division procedures and methods approved by the state laboratory of hygiene, or to submit to a nonsurgical physical examination by medical staff which may include, but is not limited to, x-rays for detecting contraband for analysis. Body contents searches do not include examinations and tests requested by medical staff for medical reasons. SECTION 4. DOC 376.03 (4m) is created to read:
DOC 376.03 (4m) “Body scan search” means a search using body scan technology to produce an image capable of revealing the presence of drugs, weapons, or other harmful materials concealed on or inside the body.
SECTION 5. DOC 376.03 (6) is repealed.
SECTION 6. DOC 376.03 (7) is amended to read:
DOC 376.03 (7) “Contraband” has the meaning given in s. DOC 373.03(6) means any item or items introduced or found in the facility whether illegal or legal that are expressly prohibited by the department or facility policy. SECTION 7. DOC 376.03 (8m) is created to read:
DOC 376.03 (8m) “De-escalation” means assisting a youth to regain behavioral control and to avoid physical intervention to defuse a volatile situation.
SECTION 8. DOC 376.03 (10) and (12) are repealed and recreated to read:
DOC 376.03 (10) “Facility” means a type 1 juvenile correctional facility, as defined in s. 938.02
(19), Stats. DOC 376.03 (12) “Group disturbance” means the disruption or interference of normal facility operations resulting from 3 or more youth participating in actions, threats, demands, or suggestions to advocate disruption or disturbance almost akin to a riot.
SECTION 9. DOC 376.03 (13), (14) and (15) are repealed.
SECTION 10. DOC 376.03 (16) is repealed and recreated to read:
DOC 376.03 (16) “Incident” means an event or crisis that may compromise the safety and security of staff or youth.
SECTION 11. DOC 376.03 (17) and (19) are amended to read:
DOC 376.03 (17) “Lockdown” means restriction of movement and programs in the throughout an entire institution facility to control a situation regarding safety or security of an institution a facility.
DOC 376.03 (19) “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 the free movement of a youth.
SECTION 12. DOC 376.03 (20) is repealed.
SECTION 13. DOC 376.03 (21) is amended to read:
DOC 376.03 (21) “Personal search” includes means a search of a person’s pockets, youth’s person including the clothing, frisking a pat-down of the body, an examination of shoes, coat and hat and an inspection of the mouth.
SECTION 14. DOC 376.03 (21m) is created to read:
DOC 376.03 (21m) “Psychology staff” means individuals licensed to provide behavioral health services in accordance with state law and who meet education, training, and experience to perform the duties required in accordance with professional standards and licensing.
SECTION 15. DOC 376.03 (22) is amended to read:
DOC 376.03 (22) “Reasonably believes” “Reasonable belief” means that the actor believes an actor’s belief that certain facts exist and the belief, under the circumstances, is reasonable even though the belief is may be erroneous.
SECTION 16. DOC 376.03 (22m) is created to read:
DOC 376.03 (22m) “Room confinement” means the involuntary restriction of a youth in a room, or other area, excluding the confinement of a youth to such an area during normal sleeping hours or on observation status as defined in ch. DOC 375. SECTION 17. DOC 376.03 (24) and (25) are amended to read:
DOC 376.03 (24) “Staff” means a state employee of or a person under contract with the department or the institution facility where a youth is housed.
DOC 376.03 (25) “Strip search” means a search in which a person youth is required to remove or rearrange clothes. Permissible inspection includes examination of the person’s youth’s body and clothing and visual inspection of body cavities the mouth, breast, buttocks, or genitalia.
SECTION 18. DOC 376.03 (28) is repealed and recreated to read:
DOC 376.03 (28) “Trauma-informed care” means staff providing care to youth by understanding how traumatic events may impact a person to better support and assist them.
SECTION 19. DOC 376.03 (28m) is created to read:
DOC 376.03(28m) “Visual monitoring” means staff directly observing youth at staggered intervals not to exceed 30 minutes, in order to prevent the possibility of harm emanating from a variety of sources.
SECTION 20. DOC 376.03 (29) is amended to read:
DOC 376.03 (29) “Youth” means a person or persons supervised by the department in an institution a facility consistent with the requirements of law and regardless of age.
SECTION 21. DOC 376.04 is repealed and recreated to read:
DOC 376.04 Administrative confinement. (1) In this section, “administrative confinement” means a form of room confinement, which includes the involuntary nonpunitive restriction of a youth locked alone in a room or other area because the youth poses a serious risk of imminent physical harm to others.
(2) The superintendent may place a youth in administrative confinement only when a youth poses a serious risk of imminent physical harm to others.
