Wis. Admin. Code Department of Corrections DOC 371.11

Current through October 28, 2024

Section DOC 371.11 - Administrative transfer

The department may transfer youth between institutions, between type 1 and type 2 secured correctional facilities or to adult institutions as follows:

(1) OJOR may transfer youth from A&E to a type 1 or type 2 secured correctional facility and between type 1 and type 2 secured correctional facilities at any time during DJC supervision of a youth. The decision to transfer a youth may be based on, but is not limited to, any of the following considerations:

(a) Public safety.

(b) The youth's committing offense.

(c) Assessment of the youth's needs.

(d) Assessment of the potential for future delinquent or criminal activity.

(e) Physical aggressiveness.

(2) Under this provision, "assistant administrator" means the division assistant administrator directly responsible for supervising type 1 secured correctional facilities.

(a) A superintendent or the assistant administrator for juvenile institutions may transfer youth between type 1 institutions.

(b) If any member of the JPRC disagrees with a superintendent's decision to transfer a youth, the member may appeal to the assistant administrator who will make a decision within 10 days.

(3) The department may transfer a youth with an adult conviction only and a youth with both an adult conviction and a juvenile commitment from an institution to an adult institution consistent with the requirements of law. OJOR may recommend to the administrator the transfer of a youth with an extended court jurisdiction disposition under s. 48.366, Stats., from an institution to an adult institution. The factors to be considered include the following:

(a) The extent to which the youth's conduct in an institution is violent and disruptive.

(b) The security needs of the institution.

(c) The extent to which the youth is refusing to participate in the treatment programs provided for the youth in the institution.

(d) The maturity of the youth, the extent to which the program needs of the youth can be met in an adult institution and the extent to which the youth may be vulnerable in an older population in an adult institution.

Wis. Admin. Code Department of Corrections DOC 371.11

Cr. Register, June, 2000, No. 534, eff. 7-1-00.