Chapter DOC 306

DOC 306.13 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.14 DOC 306.14 Search of institution premises. A staff member may conduct a search of any area on the premises of a correctional institution.

DOC 306.14 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.15 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.

DOC 306.15 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.16 DOC 306.16 Search of inmate living quarters.

DOC 306.16(1) (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.

DOC 306.16(2) (2) The institution shall maintain a written record of all searches conducted under sub. (1), which shall include:

DOC 306.16(2)(a) (a) The identity of the staff member who conducted the search;

DOC 306.16(2)(b) (b) The date and time of the search;

DOC 306.16(2)(c) (c) The identity of the inmate whose living quarters were searched;

DOC 306.16(2)(d) (d) The reason for conducting the search. If the search was a random one, the report shall so state;

DOC 306.16(2)(e) (e) Any objects which were seized pursuant to the search; and

DOC 306.16(2)(f) (f) Whether any damage was done to the premises during the search.

DOC 306.16(3) (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.

DOC 306.16(4) (4) In conducting searches under this section, staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

DOC 306.16(5) (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.

DOC 306.16 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.17 DOC 306.17 Search of inmates.

DOC 306.17(1) (1) Personal search.

DOC 306.17(1)(a) (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.

DOC 306.17(1)(b) (b) Any staff member may conduct a personal search of an inmate under any of the following circumstances:

DOC 306.17(1)(b)1. 1. If the staff member has reasonable grounds to believe that the inmate possesses contraband.

DOC 306.17(1)(b)2. 2. At the direction of a supervisor either verbally or in written job instructions, post orders, or policies and procedures.

DOC 306.17(1)(b)3. 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.

DOC 306.17(1)(b)4. 4. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.

DOC 306.17(1)(b)5. 5. Before and after a visit to an inmate or as part of a periodic search or lockdown of a housing unit.

DOC 306.17(2) (2) Strip search.

DOC 306.17(2)(a) (a) In this subsection, “strip search” means a search in which the person is required to remove all clothes.

DOC 306.17(2)(b) (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.

DOC 306.17(2)(c) (c) Staff may conduct a strip search of an inmate under any of the following circumstances:

DOC 306.17(2)(c)1. 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.

DOC 306.17(2)(c)2. 2. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.

DOC 306.17(2)(c)3. 3. Before and after a visit under ch. DOC 309.

DOC 306.17(2)(c)4. 4. As part of a periodic search and lockdown of an institution under s. DOC 306.15.

DOC 306.17(2)(c)5. 5. At the direction of a supervisor.

DOC 306.17(3) (3) Body cavity search.

DOC 306.17(3)(a) (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.

DOC 306.17(3)(b) (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.

DOC 306.17(4) (4) Body contents search.

DOC 306.17(4)(a) (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.

DOC 306.17(4)(b) (b) Only assigned staff may obtain samples as part of a body contents search.

DOC 306.17(4)(c) (c) Staff may conduct a body contents search only under one of the following conditions and only after approval by the warden:

DOC 306.17(4)(c)1. 1. Security reasons.

DOC 306.17(4)(c)2. 2. Program reasons.

DOC 306.17(4)(c)3. 3. Investigation purposes.

DOC 306.17(4)(c)4. 4. As part of a random testing program.

DOC 306.17(4)(c)5. 5. As required by a court for deoxyribonucleic acid or DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

DOC 306.17(5) (5) Staff conduct.

DOC 306.17(5)(a) (a) Staff shall strive to preserve the dignity of inmates in all searches conducted under this section.

DOC 306.17(5)(b) (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.

DOC 306.17(6) (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:

DOC 306.17(6)(a) (a) The identity of the staff member who conducted the search;

DOC 306.17(6)(b) (b) The date and time of the search;

DOC 306.17(6)(c) (c) The identity of the inmate searched;

DOC 306.17(6)(d) (d) The reason for the search. If the search was a random search, the report shall so state;

DOC 306.17(6)(e) (e) Any objects seized pursuant to the search; and

DOC 306.17(6)(f) (f) The identities of other staff members present when the search was conducted.

DOC 306.17 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.18 DOC 306.18 Search of visitors.

DOC 306.18(1) (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.

DOC 306.18(2) (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.

DOC 306.18(3) (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.

DOC 306.18(4) (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.

DOC 306.18(5) (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:

DOC 306.18(5)(a) (a) The identity of the staff member and the person who approved the search;

DOC 306.18(5)(b) (b) The identity of the visitor and the inmate being visited;

DOC 306.18(5)(c) (c) The date and time of the search or proposed search;

DOC 306.18(5)(d) (d) The reason for the request to permit a search which shall include the basis for the belief that unauthorized objects were concealed by the visitor; and

DOC 306.18(5)(e) (e) Whether unauthorized objects were seized pursuant to the search and their description.

DOC 306.18(6) (6) Before an inspection or search is conducted pursuant to subs. (3) and (4) staff shall inform the visitor orally and in writing, either by a sign posted in a prominent place or on a notice, that the visitor need not permit the inspection or search and that if the visitor does not permit it, staff shall not admit the visitor to the institution at that time.

DOC 306.18(7) (7) If in an inspection pursuant to sub. (3) or a search under sub. (4) staff finds an unauthorized object, staff may deny the visitor the visit to the institution on the occasion, may suspend the visitor from further visits to the institution, or may allow the visit without the object.

DOC 306.18(8) (8) If the institution finds an unauthorized object pursuant to a search under this section, and it is illegal to conceal or possess the object, the warden shall inform a law enforcement agency and turn the object over to the law enforcement agency for referral to the district attorney pursuant to ss. 302.04 and 302.07, Stats. and deny the visit. If the institution determines that the visitor appears to be under the influence of an intoxicating substance, the warden shall deny the visit, may detain the visitor, and may inform a law enforcement agency.

DOC 306.18(9) (9) Staff shall conduct all inspections and searches in a courteous manner. Staff shall strive to protect the dignity of visitors who are inspected or searched pursuant to this section.

DOC 306.18 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.19 DOC 306.19 Search of staff.

DOC 306.19(1) (1) The warden may require that a staff member be searched while on the grounds of an institution or require that a staff member’s car be searched while on institution grounds. The institution may conduct such a search by requiring the staff members to empty pockets and containers and submit themselves and objects they carry into the institution to inspection by a device designed to detect metal or other unauthorized objects, a personal search, or a strip search, as defined under s. DOC 306.17 (1) and (2). Before a strip search of a staff member or the search of a staff members’ vehicle is conducted, the warden and the administrator shall approve the search. They shall approve the search only if there are reasonable grounds to believe the staff member is concealing an unauthorized object. The institution shall not admit a staff member who refuses to submit to a search into the institution or may remove such a staff member from the institution and may subject the staff member to disciplinary action.

DOC 306.19(2) (2) If an unauthorized object is found pursuant to a search conducted under this section and it is illegal to conceal or possess the object, the warden may detain the staff member pursuant to ss. 302.04 and 302.07, Stats., and shall inform a law enforcement agency and turn the object over to the sheriff or law enforcement agency for referral to the district attorney. If the warden determines that the staff member appears to be under the influence of an intoxicating substance, the warden may detain the staff member and may inform a law enforcement agency.

DOC 306.19(3) (3) Staff shall conduct all searches in a courteous manner. Staff shall strive to protect the dignity of staff who are inspected or searched.

DOC 306.19(4) (4) Each institution shall inform staff in writing what objects they may not carry into the institution.

DOC 306.19(5) (5) If a strip search is conducted pursuant to this section, the staff member conducting the search shall write and submit a report to the security director. The security director shall provide a copy of the report to the warden and the administrator.

DOC 306.19 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.20 DOC 306.20 Use of contraband as evidence at disciplinary hearing. Contraband that is seized during a search under this chapter may be used as evidence by the institution at a disciplinary hearing conducted under ch. DOC 303.

DOC 306.20 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.21 DOC 306.21 Use of test results as evidence at disciplinary hearings. Subject to the confirmation required under s. DOC 303.60 (2), the institution may use results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances as evidence at a disciplinary hearing conducted pursuant to ch. DOC 303.

DOC 306.21 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.

DOC 306.22 DOC 306.22 Emergency.

DOC 306.22(1) (1) If an emergency occurs that prevents the normal functioning of the institution, the warden may suspend the administrative rules of the department or any parts of them, excepts ss. DOC 306.07 to 306.09, until the emergency is ended and order is restored to the institution.

DOC 306.22(2) (2) If an emergency occurs, the secretary may convene an emergency review panel to investigate the emergency. The panel shall be made up of persons selected in accordance with s. DOC 306.08 (5) (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 an emergency. The department shall provide the panel with staff adequate to conduct a thorough investigation of the emergency.