In this chapter:

1. (2) “Authorized” means any of the following:

   1. (a) Permitted under department rules.
   2. (b) Permitted under posted policies and procedures.
   3. (c) Permitted by staff.
2. (5) “Consent” means words or overt actions by a competent person indicating a freely given agreement.
3. (6) “Contraband” 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.
4. (7) “Day” means a calendar day.
5. (8) “Department” means the department of corrections.

6. (9) “Disturbance” means any of the following that has occurred:

   1. (a) A group disturbance.

   2. (b) An incident, as defined in s. DOC 376.03 (16).

      Note: Section DOC 376.03 (16) has been repealed and par. (b) will be corrected with future rulemaking.

   3. (c) A youth has taken a hostage.
7. (10) “Facility” means a type 1 juvenile correctional facility, as defined in s. 938.02 (19), Stats.
8. (10m) “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.
9. (11) “Harass” means to annoy or irritate repeatedly.

10. (12) “Hearing officer” means a staff member designated by the superintendent to conduct disciplinary hearings and perform other functions under this chapter.

    Note: Subsection (12) was inadvertently left in by rule CR 24-040 and will be removed in future rulemaking.

11. (14) “Intentionally” means that a youth had a purpose to carry out an act or cause the result specified, or believed that the act, if successful, would cause the result specified.
12. (15) “Intimate part” means anus, groin, penis, testicles, buttocks, pubic or vaginal area or breast.
13. (16) “Knowingly” means only that it is reasonable to conclude that a youth believes that a specified fact exists.
14. (23) “Negligently” means that a youth did an act or failed to do an act and thereby failed to exercise that degree of care appropriate for the circumstances.
15. (24) “Recklessly” means that a youth did an act or failed to do an act and thereby created an unreasonable risk that another might be injured. The act or failure to act shall demonstrate both a conscious disregard for the safety of another and a willingness to take known chances of perpetrating an injury.
16. (24m) “Security threat group” means a group of individuals who threaten, intimidate, coerce, or harass others or who engage in any activity that violates or encourages the violation of statutes, administrative rules, or department policy.
17. (25) “Staff” means a state employee or a person under contract with the department or the facility where a youth is housed.
18. (26) “Superintendent” means the superintendent of a facility or designee.
19. (27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.
20. (27m) “Treatment-based response” means a nonpunitive intervention to provide youth with activities or opportunities to improve social, emotional, or behavioral skill development.
21. (28) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.
22. (29) “Youth” means a person or persons supervised by the department in a facility consistent with the requirements of law and regardless of age.

History

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00;.CR 24-040: r. (1), (3), (4), r. and recr. (6), (9), (10), cr. (10m), r. (13), (17) to (22), cr. (24m), am. (25), (26), cr. (27m), am. (29) Register June 2025 No. 834, eff. 7-1-25; correction in (9) (intro.) made under s. 35.17, Stats., Register June 2025 No. 834.