Wisconsin Legislature: DHS 98.19(3)(b)

(3) Non-deadly force may be used by field staff against clients only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes:

(a) To prevent death or bodily injury to oneself or another;

(b) To prevent unlawful damage to property that may result in death or bodily injury to oneself or another;

(d) To change the location of a client; or

(e) To prevent unlawful damage to property.

(4) Non-deadly force may be used to apprehend a client or take a client into custody only in the following manner:

(a) Staff should exhaust all efforts to persuade clients to voluntarily be taken into the custody of field staff prior to using force;

(b) If the client refuses to voluntarily be taken into custody, staff may exercise minimal physical force necessary to apprehend the client. Minimal force should be exercised in the following way:

1. If possible, staff should not attempt to physically handle the client until sufficient staff are present to evidence a show of force;

2. The client should again be asked to voluntarily be taken into custody;

3. If the client refuses to voluntarily be taken into custody, the client may be firmly grasped by one or more staff; and

4. The client shall then be handcuffed behind his or her back or restrained by other appropriate methods;

(c) After use of force, the client and staff should be checked for injury and treated by a physician if necessary. If injury resulted, the regional chief shall be notified and a summary report shall be submitted to the regional chief and the administrator of the division of care and treatment facilities detailing the cause and extent of the injury and the treatment provided for it; and

(d) If force is used, a written report describing the incident including the names of all people who observed the exercise of force shall be submitted to the regional chief and the administrator of the division of care and treatment facilities, and shall be included in the client’s record.

(5) Deadly force may not be used by field staff against clients except to prevent death or great bodily injury to oneself or another.

(6) Deadly force may not be used by field staff if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

(7) The use of excessive force is forbidden. “Excessive force”means force greater than what is reasonably necessary to achieve the objective for which it is used.

(8) In an emergency, field staff may be used at an institution. In those circumstances, staff shall abide by the use of force rules under ch. DOC 306.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.19 Mechanical restraints.

(1) Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints. These may be used to restrain and transport a client, but only in accordance with this section.

(2) Mechanical restraints may only be used in the following circumstances:

(a) To protect staff or others from a client who poses an immediate risk of flight or physical injury to others, unless restrained;

(b) To protect a client who poses an immediate threat of physical injury to himself or herself, unless restrained;

(d) To transport a client.

(3) Mechanical restraints shall never be used:

(a) As a method of punishment;

(b) About the head or neck of the client;

(c) In a way that causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the client; or

(d) To restrain a client to a moving vehicle.

(4) When a client is placed in restraints, a staff member shall transport the client to a detention facility, a mental health or medical facility, or to the appropriate law enforcement authorities.

(5) A staff member shall observe a client in restraints at least once every 15 minutes until the restraints are removed, or the client is admitted to a detention facility, mental health facility, or medical facility.

(6) If feasible, a client should be released from restraints to perform bodily functions and for meals.

(7) Except when restraints are used to take a client into custody or transport a client, a report shall be maintained in the client’s record of each time the client is placed in restraints. It shall include:

(a) The client’s full name, number, and the date the client was placed in restraints;

(b) The name of the staff member who placed the client in restraints;

(d) A statement indicating when, and under what circumstances, the restraints were removed.

(8) Field staff shall have access to mechanical restraining devices which shall be periodically examined. Any excessively worn or defective restraining devices shall be removed from the supply. Only commercially manufactured restraining devices may be used.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.20 Chemical agents and firearms.

(1) Chemical agents shall not be used by field staff against clients.

(2) Field staff shall not carry firearms or other weapons during their working hours.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.21 Search and seizure.

(1) General policy. A search of a client or the client’s living quarters or property may be made at any time, but only in accordance with this section.

(2) Personal search.

(a) In this subsection, “personal search” means a search of a client’s person, including but not limited to the client’s pockets, frisking the client’s body, an examination of the client’s shoes and hat, and a visual inspection of the client’s mouth.

(b) A personal search of a client may be conducted by any field staff member under one or more of the following circumstances:

1. If the staff member has reasonable grounds to believe that the client possesses contraband;

2. At the direction of a supervisor;

3. Before a client enters and after a client leaves the security enclosure of a correctional institution, jail or detention facility; or

4. When a client is taken into custody.

(c) A written report of every personal search shall be prepared by the staff member who conducted the search and shall be filed in the client’s case record.

(3) Search of living quarters or property.

(a) A search of a client’s living quarters or property may be conducted by field staff if there are reasonable grounds to believe that the quarters or property contain contraband. Approval of the supervisor shall be obtained unless exigent circumstances, such as suspicion the client will destroy contraband or use a weapon, require search without approval.

(b) There shall be a written record of all searches of a client’s living quarters or property. This record shall be prepared by the staff member who conducted the search and shall be filed with the agent’s supervisor. If the search was conducted without the supervisor’s approval because of exigent circumstances, a report stating what the exigent circumstances were shall be made part of the record and shall be filed with the supervisor within 48 hours of the search. The report shall state:

1. The identity of the client whose living quarters or property was searched;

2. The identity of the staff member who conducted the search and the supervisor, if any, who approved it;

3. The date, time, and place of the search;

4. The reason for conducting the search. If the search was a random one, the report shall state this;

5. Any items seized pursuant to the search; and

6. Whether any damage was done to the premises or property during the search.

(c) If any items are damaged pursuant to the search of a client’s living quarters or property, the agent shall document the damage in the case record, inform his or her supervisor and inform the client.

(d) In conducting searches, field staff may not disturb the effects of the client more than is necessary for thoroughness.

(e) During searches, staff may not read any legal materials, any communication between the client and an attorney or any materials prepared in anticipation of a lawsuit. Staff are not prohibited from reading business records.

(f) The agent may not forcibly enter a locked premises to conduct a search if the premises are the living quarters or property of a client and the client is not present.

(4) Respect for the client. Field staff shall strive to preserve the dignity of clients in all searches conducted under this section.

(5) Informing the client. Whenever feasible before a search is conducted under this section, the client shall be informed that a search is about to occur, why and how the search will be conducted and the place where the search is to occur.

(6) Contraband. In deciding whether there are reasonable grounds to believe that a client possesses contraband as defined in s. DHS 98.16 (1), or that a client’s living quarters or property contain contraband, a staff member shall consider:

(a) The observations of staff members;

(b) Information provided by informants;

(c) The reliability of the information relied on. In evaluating reliability, attention shall be given to whether the information is detailed and consistent and whether it is corroborated;

(d) The reliability of the informant. In evaluating reliability, attention shall be given to whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information;

(e) The activity of the client that relates to whether the client might possess contraband;

(f) Information provided by the client that is relevant to whether the client possesses contraband;

(g) The experience of a staff member with that client or in a similar circumstance;

(h) Prior seizures of contraband from the client; and

(i) The need to verify compliance with rules of supervision and state and federal law.

History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.22 Custody and detention.

(1) Whenever feasible, staff shall rely on law enforcement authorities to take a client into custody. When that assistance is not practical, field staff shall take clients into custody in accordance with this section.

(2) A client shall be taken into custody and detained if the client is alleged to have been involved in assaultive or dangerous conduct. A regional chief may permit exceptions to this requirement.

(3) A client may be taken into custody and detained:

(a) For investigation of an alleged violation by the client;

(b) After an alleged violation by the client to determine whether to commence revocation procedures;