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(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 306.08 Use 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 306.09 Use 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 306.10 Use 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.
(b) In transporting an inmate to segregation or temporary lock-up status.
(c) For an inmate who is in segregation or temporary lock-up status, while the inmate is outside his or her cell.
(d) For other security reasons as determined by the warden.
(3) Movement outside institution. Staff may use mechanical restraints in transporting an inmate outside an institution.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; CR 17-026: am. (3) Register June 2018, No. 750, eff. 7-1-18.
DOC 306.11 Use of mechanical restraints to immobilize inmates.
(1) Staff may use mechanical restraints to confine inmates only with the express authorization of the shift supervisor and only in the following circumstances:
(a) To protect staff and inmates from an inmate who poses an immediate risk of physical injury to others unless restrained.
(b) To protect an inmate who poses an immediate threat of physical injury to self unless restrained.
(c) To protect property.
(2) Staff may not use mechanical restraints:
(a) As a method of punishment.
(b) In a way that causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the inmate.
(3) When staff places an inmate in a mechanical restraint, staff shall follow all of the following procedures:
(a) The shift supervisor shall notify the licensed psychologist or designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff. They shall interview the inmate and arrange for a physical and mental examination as soon as possible. They shall make recommendations to the warden concerning the inmate’s continued placement in restraints. The warden shall evaluate the recommendations and decide if the inmate shall remain in restraints.
(b) A staff member shall observe an inmate in restraints every 15 minutes.
(c) If possible, staff may release an inmate from restraints to perform bodily functions and for meals. Three staff members, one of whom shall be a security supervisor, shall be present at the time of release.
(d) The institution shall keep a record of inmates placed in restraints and it shall include:
1. The inmate’s full name, number, and date;
2. The names of the staff members and supervisor present when the inmate was placed in restraints;
3. The reasons for placing the inmate in restraints;
4. The times that the inmate was checked, the name of the person making the check, and comments on the individual’s behavior while in restraints;
5. The times the inmate was placed in restraints and removed; medication given; and
6. The names of staff visitors, the times of their visits, and any written comments they make.
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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.