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(16)“Secretary” means the secretary of the department of corrections, or designee.
(17)“Security director” means the security director at an institution, or designee.
(18)“Warden” means the warden at an institution, or designee.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.03Security policy. Primary security objectives of the department are to protect the public, staff, and inmates and to afford inmates the opportunity to participate in correctional activities in a safe setting.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.04Responsibility of employees. Every employee of the department is responsible for the safe custody of the inmates confined in the institutions.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.05Protective confinement.
(1)The security director may place an inmate in protective confinement if one of the following exist:
(a) The inmate requests the placement in writing.
(b) The security director is satisfied that the placement is necessary for the safety and welfare of the inmate.
(2)An inmate shall remain in protective confinement unless the security director determines that the conditions which warranted protective confinement no longer exist and approves release.
(3)The department shall consider an inmate in protective confinement to be in maximum custody as defined in ch. DOC 302.
(a) Inmates in protective confinement shall have privileges and property at least equivalent to privileges and property allowed to inmates in disciplinary separation under s. DOC 303.73.
(b) Additional privileges and property as determined by what is ordinarily allowed inmates by the rules governing the location of the unit in which the inmate is protectively confined.
(5)The security director shall review placements in protective confinement at least every 90 days.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; CR 11-022: am. (4) (a) Register September 2014 No. 705, eff. 1-1-15.
DOC 306.06Inmate count. Each warden shall establish and maintain a system to accurately account for all inmates in the warden’s custody at all times. The institution shall make a count of all inmates at least 4 times each day. The institution shall space these counts to minimize interference with school, work, program, and recreational activities.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.07Use of force.
(1)Corporal punishment of inmates is forbidden.
(2)Staff may use non-deadly force against inmates 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 regain control of an institution or part of an institution.
(c) To prevent escape or apprehend an escapee.
(d) To change the location of an inmate.
(e) To control a disruptive inmate.
(f) To prevent unlawful damage to property.
(g) To enforce a departmental rule, a policy or procedure or an order of a staff member.
(3)The use of an incapacitating agent is a form of non-deadly force and is regulated by s. DOC 306.09.
(4)Staff may use deadly force only if the user of force reasonably believes it is immediately necessary for the purpose of stopping the action and achieving the following:
(a) Preventing death or bodily injury to oneself or another.
(b) Preventing unlawful damage to property that may result in death or bodily injury to oneself or another.
(c) Regaining control of an institution or part of an institution.
(d) Preventing escape or apprehend an escapee.
(5)Staff may not use deadly force 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.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.08Use of firearms.
(1)In this section, “issuance of firearms” means the deployment of firearms to authorized individuals, as determined by the warden, beyond designated armed posts in response to an emergency or disturbance.
(2)Only the warden or authority who is available may issue firearms to staff.
(3)Except in disturbances or emergencies, only staff assigned to posts requiring the use of firearms shall possess a firearm.
(4)Staff may only use firearms approved by the department and only after successfully completing the training program in sub. (5).
(5)The division shall provide an annual firearms training and qualification program which shall include instruction on the following:
(a) Safe handling of firearms while on duty.
(b) Legal use of firearms and the use of deadly force.
(c) Division policies and procedures regarding firearms.
(d) Fundamentals of firearms use, including range firing.
(e) When firearms may and shall be used, including the use of verbal warnings and warning shots.
(6)If a staff member discharges a firearm pursuant to s. DOC 306.07 (4), either accidentally or intentionally, the following procedure shall be followed:
(a) The staff member who discharged the firearms shall notify his or her supervisor as soon as possible and shall write and submit an incident report.
(b) A supervisor shall investigate the incident and submit a report to the warden. The supervisor shall state in the report all facts relevant to the discharge of the firearm and shall include the supervisor’s opinion as to whether the discharge was justified and occurred in accordance with this chapter. The warden shall send the reports required by par. (a) and this paragraph and the warden’s conclusions as to the justification for the discharge and whether it was in accordance with these rules to the administrator.
(c) 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:
1. 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 who shall serve as chairperson.
2. Two members designated by the administrator, one of whom shall be a member of the central office staff and one of whom shall be a member of the public.
3. One member designated by the warden of the institution where the incident occurred, who is a member of the institution staff.
(d) The panel shall submit a written report to the secretary that includes the facts relevant to the incident and an opinion as to whether this chapter was complied with relating to the use of force.
(7)Only staff authorized by the warden may carry firearms off the institution premises.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.09Use of incapacitating agents.
(1)Definition. In this section “incapacitating agent” means any agent or device commercially manufactured and approved by the department for the purpose of temporary control of an inmate or area.
(2)Regulation. The use of an incapacitating agent is a form of non-deadly force and is regulated by this section.
(3)Authorization. Staff may use incapacitating agents in any of the following situations:
(a) To prevent death or bodily injury to oneself or another.
(b) To regain control of an institution or part of an institution.
(c) To prevent escape or apprehend an escapee.
(d) To change the location of an inmate.
(e) To control a disruptive inmate.
(f) To prevent unlawful damage to property.
(g) To enforce a departmental rule, policy or procedure or an order of a staff member.
(4)Application. Only a staff member trained under sub. (5)may use an incapacitating agent.
(5)Training. The division shall provide an incapacitating agent training program that shall include instruction on the following:
(a) Safe handling of incapacitating agents while on duty.
(b) Legal use of incapacitating agents.
(c) Division policies and procedures regarding incapacitating agents.
(d) Fundamentals of use of incapacitating agents.
(e) When incapacitating agents may and shall be used.
(6)Medical attention and clean-up. As soon as possible after an incapacitating agent has been used, staff shall provide exposed inmates an opportunity for any necessary hygienic needs and shall consult with medical staff who shall provide any appropriate medical care.
(7)Incident report. As soon as possible following the use of an incapacitating agent, staff shall write and submit incident reports to their supervisor describing:
(a) The problem leading to the use of the incapacitating agent;
(b) The steps taken prior to the use of the incapacitating agent;
(c) Why those steps were inadequate;
(d) Measures taken following the use of the chemical agent.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.10Use of mechanical restraints for transportation of inmates.
(1)Authorization. Staff members may use mechanical restraints if the warden determines that the use of mechanical restraints is necessary to protect the public, staff or other inmates or to maintain the security of the institution.
(2)Movement within institution. Staff may use mechanical restraints in the following situations if the warden determines that the use of mechanical restraints is necessary to protect the public, staff or other inmates or to maintain the security of the institution:
(a) In transporting an inmate from within the institution to outside the institution.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.