Wisconsin Legislature: DOC 306.16(1)

(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 306.12 Duty 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 306.13 Escapes.

(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;

(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 306.14 Search 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 306.15 Periodic 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 306.16 Search 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;

(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 306.17 Search 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.

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.

(a) In this subsection, “body contents search” means a search in which the inmate is required to provide a biological specimen, including, but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, or semen for analysis.

(b) Only assigned staff may obtain samples as part of a body contents search.

(c) Staff may conduct a body contents search only under one of the following conditions and only after approval by the warden:

1. Security reasons.

2. Program reasons.

3. Investigation purposes.

4. As part of a random testing program.

5. As required by a court for deoxyribonucleic acid or DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

(5) Staff conduct.

(a) Staff shall strive to preserve the dignity of inmates in all searches conducted under this section.

(b) Before a search is conducted pursuant to this section, staff shall inform the inmate that a search is about to occur, the nature of the search, and the place where the search is to occur.

(6) Incident report. Staff shall write and submit to the security director an incident report or log entry following all strip searches under sub. (2) (c) 4., of all body cavity searches under sub. (3), of all body contents searches under sub. (4) and of all searches in which contraband is found. The report or entry shall include:

(a) The identity of the staff member who conducted the search;

(b) The date and time of the search;

(d) The reason for the search. If the search was a random search, the report shall so state;

(e) Any objects seized pursuant to the search; and

(f) The identities of other staff members present when the search was conducted.

History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.18 Search of visitors.

(1) Before a visit by a non-inmate to an institution is permitted, the staff member responsible for the admission of visitors shall be satisfied that the visitor is not carrying any unauthorized objects into the institution.

(2) The institution shall have information readily available to visitors informing them of the objects they may carry into the institution. The institution may provide a place for the safekeeping of objects that may not be carried into the institution.

(3) Before admitting a visitor, the staff member responsible for admission may require the visitor to empty pockets and containers, permit the inspection of containers and submit the visitor and objects carried by the visitor into the institution to inspection by a device designed to detect metal or other unauthorized objects.

(4) The warden may require a visitor to submit to a personal search or strip search as defined in s. DOC 306.17 (1) and (2) prior to entering the institution. The staff member may conduct such a search only with the approval of the warden, who shall require the search only if there are reasonable grounds to believe the visitor is concealing an unauthorized object.

(5) The staff member shall write a report if the visitor refuses to submit to a search or if the search is conducted, and shall submit the report to the security director, with a copy to the warden and the administrator. The report shall include:

(a) The identity of the staff member and the person who approved the search;