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(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.
(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 306.11Use 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.
(e) The warden shall not allow an inmate to remain in restraints for longer than 12 hours, unless the inmate is examined by a licensed psychologist or a designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff who shall make a recommendation to the warden concerning the inmate’s continued placement in restraints. The institution shall conduct such an examination at least every 12 hours an inmate is in restraints. The warden shall notify the administrator of the decision to continue the use of restraints beyond 12 hours.
(4)The security director shall maintain a supply of restraining devices which staff shall periodically examine.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.12Duty of staff regarding escapes. Staff shall take actions to prevent the escape of any inmate.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.13Escapes.
(1)Each institution shall have a written plan to be implemented if an escape occurs or is attempted. The security director shall prepare this plan and shall review and update the plan yearly. A copy of the plan shall be filed with the administrator.
(2)As soon as possible following an escape, staff shall write and submit incident reports including:
(a) The method of escape;
(b) Who was involved in the escape;
(c) A description of the escapee, including clothing worn;
(d) Action taken by the institution, including procedures initiated;
(e) Factors which may have contributed to the escape; and
(f) The identification of persons who may have information about the escape.
(3)If a staff member is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by staff. Staff shall disregard any orders issued by a hostage.
(4)The institution shall coordinate the pursuit of escapees with law enforcement authorities.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.14Search of institution premises. A staff member may conduct a search of any area on the premises of a correctional institution.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.15Periodic search of entire institution. Warden may suspend or modify institution operations and authorize a search of all or part of institution premises.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.16Search of inmate living quarters.
(1)Staff may conduct a search of the living quarters of any inmate at any time. Entry into the living quarters of an inmate by a staff member to retrieve state property does not constitute a search of the living quarters of an inmate.
(2)The institution shall maintain a written record of all searches conducted under sub. (1), which shall include:
(a) The identity of the staff member who conducted the search;
(b) The date and time of the search;
(c) The identity of the inmate whose living quarters were searched;
(d) The reason for conducting the search. If the search was a random one, the report shall so state;
(e) Any objects which were seized pursuant to the search; and
(f) Whether any damage was done to the premises during the search.
(3)If staff seize any property or damage any property pursuant to the search of an inmate’s living quarters, staff shall identify the property to the inmate in writing. The institution shall reimburse the inmate for damage to any property that is not contraband. The institution shall value any property which is damaged at its fair market value, not replacement cost.
(4)In conducting searches under this section, staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.
(5)Staff shall read only that part of the inmate’s legal materials as necessary to determine that the item is legal material and does not contain contraband.
History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.
DOC 306.17Search of inmates.
(1)Personal search.
(a) In this subsection, “personal search” means a search of a person, including, but not limited to, the clothing, frisking the body, and an inspection of the mouth.
(b) Any staff member may conduct a personal search of an inmate under any of the following circumstances:
1. If the staff member has reasonable grounds to believe that the inmate possesses contraband.
2. At the direction of a supervisor either verbally or in written job instructions, post orders, or policies and procedures.
3. Before an inmate enters or leaves the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.
4. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.
5. Before and after a visit to an inmate or as part of a periodic search or lockdown of a housing unit.
(2)Strip search.
(a) In this subsection, “strip search” means a search in which the person is required to remove all clothes.
(b) Permissible inspection pursuant to a strip search includes examination of the inmate’s clothing and body and visual inspection of body cavities. Staff shall conduct a strip search in a clean and private place. Any staff member may conduct a visual inspection of body cavities. Except in emergencies, a person of the same sex as the inmate being searched shall conduct the strip search.
(c) Staff may conduct a strip search of an inmate under any of the following circumstances:
1. Before an inmate leaves or enters the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.
2. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.
3. Before and after a visit under ch. DOC 309.
4. As part of a periodic search and lockdown of an institution under s. DOC 306.15.
5. At the direction of a supervisor.
(3)Body cavity search.
(a) In this subsection, “body cavity search” means an x-ray, or a strip search in which body cavities are inspected by the entry of an object or fingers into body cavities.
(b) Medical staff shall conduct body cavity searches. Medical staff may conduct a body cavity search only if the warden approves. The warden shall approve if there is probable cause to believe that contraband is hidden in a body cavity.
(4)Body contents search.
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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.