Subchapter III — Other Custody and Control Issues
DHS 95.10 Escorted leaves for chapter 980 patients.
Ch. DHS 95 Note
Note: Chapter HFS 95 was renumbered to chapter DHS 95 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 95.01(1)
(1) Define the use of “necessary and appropriate force" in relation to preventing escapes and pursuing and capturing persons detained at or committed to a facility, center or unit under
ch. 980, Stats., who have escaped and to establish security standards at facilities housing such persons. Primary security objectives of the department are to protect the public, staff and patients and to afford patients the opportunity to participate in treatment and activities in a safe setting. Every employee of a facility is responsible for the safe custody of patients.
DHS 95.02
DHS 95.02 Applicability. This chapter applies to the secure mental health facility established under s.
46.055, Stats., the Wisconsin resource center established under s.
46.056, Stats., and any secure mental health unit or facility provided by the department of corrections under s.
980.065 (2), Stats.
DHS 95.02 History
History: CR 01-045: cr.
Register January 2002 No. 553, eff. 2-1-02.
DHS 95.03(1)
(1) “
Administrator" means the administrator of the division.
DHS 95.03(2)
(2) “Bodily injury" means physical injury, illness, or any impairment of physical condition.
DHS 95.03(3)
(3) “Department" means the department of health services.
DHS 95.03(4)
(4) “Director" means the superintendent of a facility, or that person's designee.
DHS 95.03(5)
(5) “Disturbance" means a situation caused by a patient that disrupts the normal functioning of the facility, including but not limited to any of the following:
DHS 95.03(5)(c)
(c) The destruction of state property or the property of another by 2 or more patients.
DHS 95.03(5)(d)
(d) The refusal by 2 or more patients, acting in concert, to comply with an order.
DHS 95.03(5)(e)
(e) Any word or acts by two or more patients which incite or encourage other patients to do any of the above.
DHS 95.03(6)
(6) “Division" means the division of care and treatment facilities in the department.
DHS 95.03(7)
(7) “Emergency" means an immediate threat to the safety of the public, staff or patients of the facility. An emergency includes, but is not limited to any of the following:
DHS 95.03(8)
(8) “Facility" means the secure mental health facility established under s.
46.055, Stats., the Wisconsin resource center established under s.
46.056, Stats., or any secure mental health unit or facility provided by the department of corrections under s.
980.065 (2), Stats.
DHS 95.03(9)
(9) “Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way.
DHS 95.03(10)
(10) “Great bodily injury" means bodily injury which creates a high probability of illness, death or serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
DHS 95.03(12)
(12) “Less than lethal force" means force which the user reasonably believes will not create a substantial risk of causing death or great bodily injury to another.
DHS 95.03(13)
(13) “Lethal force" means force which the user reasonably believes will create a substantial risk of causing death or great bodily injury to another.
DHS 95.03(14)
(14) “Patient" means a person detained at or committed to a facility under
ch. 980, Stats.
DHS 95.03(15)
(15) “Reasonably believes" means that the actor believes that the use of force is necessary in a given situation and such belief is reasonable under the circumstances.
DHS 95.03(15m)
(15m) “Relative" means a parent, son, daughter, grandparent, greatgrandparent, grandchild, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt. This relationship shall be by blood, marriage, or adoption.
DHS 95.03(16)
(16) “Secretary" means the secretary of the department.
DHS 95.03(17)
(17) “Security director" means the security director at a facility, or that person's designee.
DHS 95.03(18)
(18) “Strength or power" means the use of physical strength alone or with any device or object, including but not limited to an incapacitating device, firearm, or any other mechanical, electronic or physical object.
DHS 95.03 History
History: CR 01-045: cr.
Register January 2002 No. 553, eff. 2-1-02;
CR 02-112: am. (11) and (13), cr. (15m)
Register March 2003 No. 567, eff. 4-1-03; renumber (12) and (13) under s. 13.93 (2m) (b) 1., Stats.,
Register March 2003 No. 567; correction in (3) made under s. 13.92 (4) (b) 6., Stats.,
Register November 2008 No. 635;
CR 18-066: r. (11) Register March 2020 No. 771, eff. 4-1-20.
DHS 95.04
DHS 95.04 Preventing escapes. The director shall adopt written policies and procedures consistent with this chapter to prevent escapes.
DHS 95.04 History
History: CR 01-045: cr.
Register January 2002 No. 553, eff. 2-1-02.
DHS 95.05
DHS 95.05 Pursuing and capturing escapees. The director shall adopt written policies and procedures consistent with this chapter to pursue and capture escapees. The director may enter agreements with local and state law enforcement agencies to pursue and capture escapees.
DHS 95.05 History
History: CR 01-045: cr.
Register January 2002 No. 553, eff. 2-1-02.
DHS 95.06(1)(a)(a) Policies and procedures. The director shall adopt written policies and procedures that establish an intervention options model of force based on the perceived level of threat to guide staff in the use of force during a disturbance or emergency, to prevent escapes or to pursue and capture escapees. These intervention options shall include staff presence, dialogue, control alternatives, protective alternatives and lethal force. The policies and procedures shall be designed to help ensure that force is only used when necessary and that only the amount of force that is necessary under the circumstances is used.
DHS 95.06(1)(b)
(b) Less than lethal force. Staff may use less than lethal force against patients only if the user reasonably believes that the use of less than lethal force is immediately necessary to achieve any of the following:
DHS 95.06(1)(b)7.
7. Enforce a departmental rule, a facility policy or procedure or an order from a staff member.
DHS 95.06(1)(c)1.1. Staff may use lethal force only if the user reasonably believes that the use of such force is immediately necessary to achieve any of the following:
DHS 95.06(1)(c)1.b.
b. Prevent unlawful damage to property that may result in death or bodily injury to oneself or another.
DHS 95.06(1)(c)1.c.
c. Regain control of a facility or part of a facility when less forceful means of regaining control are unsuccessful or not feasible under the circumstances.
DHS 95.06(1)(c)2.
2. Staff may not use lethal force if its use creates a substantial danger of harm to non-involved third parties, unless the danger created by not using such force is greater than the danger created by using it.
DHS 95.06(1)(d)
(d) Other uses of force prohibited. Force may not be used except as provided in this chapter and under policies and procedures adopted in accordance with this chapter. Force may never be used as a means of disciplining patients.
DHS 95.06(2)(a)1.1. Only staff designated by the director or that person's designee may authorize use of firearms.
DHS 95.06(2)(a)2.
2. Except in disturbances or emergencies only staff assigned to posts requiring the use of firearms may be armed.
DHS 95.06(2)(a)3.
3. Staff may only carry or use firearms approved and issued by the department and only after successfully completing the training program under
s. DHS 95.08.
DHS 95.06(2)(a)4.
4. Only staff authorized by the director may in the course of their duties carry firearms off the grounds of the facility.
DHS 95.06(2)(b)
(b) Reporting discharged firearm. If a staff member discharges a firearm, staff shall do all of the following:
DHS 95.06(2)(b)1.
1. The staff member who discharged the firearm shall verbally notify the staff member's supervisor as soon as possible.
DHS 95.06(2)(b)2.
2. As soon as possible after the discharge of the firearm, each staff member present during the incident shall write and submit a written report about the incident on a form approved by the director.
DHS 95.06(2)(b)3.
3. The security director shall investigate the incident and submit a report to the director. The report shall state all facts relevant to the discharge of the firearm and shall include copies of all reports written by staff members present during the incident and the security director's opinion as to whether the discharge was justified and occurred in accordance with facility policies and procedures and this chapter. The director shall send to the administrator the security director's report, along with the director's conclusion regarding whether the discharge was consistent with this chapter.
DHS 95.06(2)(c)1.1. If a person is injured or killed by the discharge of a firearm, the department shall convene a firearm review panel to investigate the incident. The panel shall consist of 5 persons selected as follows:
DHS 95.06(2)(c)1.a.
a. Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff. The department staff member designated by the secretary shall serve as chairperson.
DHS 95.06(2)(c)1.b.
b. Two members designated by the administrator, one of whom shall be a member of central office staff and one of whom shall be a member of the public.
DHS 95.06(2)(c)1.c.
c. One member designated by the director of the facility, center or unit where the incident occurred, who is a member of the institution staff.
DHS 95.06(2)(c)2.
2. The panel shall submit a written report to the secretary. The report shall include a description of the incident and the panel's conclusion regarding whether the use of force complied with the policies and procedures adopted under this chapter.
DHS 95.06(4)
(4) Hostages. Notwithstanding any other provision of this section, a staff member taken hostage has no authority to order use of force or any other action or inaction by staff.
DHS 95.06 History
History: CR 01-045: cr.
Register January 2002 No. 553, eff. 2-1-02;
CR 02-112: am. (1) (b) (intro.) and (3) (d)
Register March 2003 No. 567, eff. 4-1-03;
CR 18-066: am. (1) (title), (a), r. (3) Register March 2020 No. 771, eff. 4-1-20. DHS 95.07
DHS 95.07 Documentation. The director shall adopt written policies and procedures to ensure that all uses of force are documented in a manner approved by the department.
DHS 95.07 History
History: CR 01-045: cr.
Register January 2002 No. 553, eff. 2-1-02.
DHS 95.08(1)
(1) The director shall adopt written policies and procedures to ensure that facility staff who may be called upon to use force under
s. DHS 95.06 are properly trained and regularly updated on the intervention options model of force policies and procedures adopted under
s. DHS 95.06 (1) (a).
DHS 95.08(2)
(2) Staff authorized to use firearms under
s. DHS 95.06 (1) (c) and
(2) shall attend a department-approved training and qualification program that includes instruction on all of the following:
