Chapter DOC 311

DOC 311.16   Release from observation.

Ch. DOC 311 Note Note: Chapter HSS 311 was renumbered Chapter DOC 311 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412. Chapter DOC 311, as it existed on May 31, 1998, was repealed and a new chapter DOC 311 was created, Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.01 DOC 311.01 Purpose. The purpose of this chapter is to provide for an involuntary or voluntary nonpunitive status to be used for the temporary confinement of an inmate to ensure the inmate’s safety and the safety of others if the inmate is mentally ill and dangerous, is dangerous to himself or herself, has a medical problem that requires separation from the population for treatment, or refuses testing for a communicable illness. This is consistent with the department’s goal of ensuring personal safety and security within an institution.

DOC 311.01 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.02 DOC 311.02 Applicability. Pursuant to authority vested in the department of corrections under s. 227.11 (2), Stats., the department adopts this chapter which applies to the department, the division and all inmates in its legal custody. It interprets ss. 302.07, 302.08 and 302.36, Stats.

DOC 311.02 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.03 DOC 311.03 Definitions. In this chapter:

DOC 311.03(1) (1) “Administrator” means the administrator, division of adult institutions, department of corrections, or his or her designee.

DOC 311.03(2) (2) “Clinical services staff member” means a clinician, crisis intervention worker, or psychological services associate employed by the department.

DOC 311.03(3) (3) “Clinician” means an individual trained as a clinical psychologist or an individual employed as a staff psychologist by the department.

DOC 311.03(4) (4) “Communicable illness” means an illness caused by a disease that the department of health services determines, under ch. DHS 145, to be communicable.

DOC 311.03(5) (5) “Crisis intervention worker” means a crisis intervention worker employed by the department or a psychologist designated by the warden to act as a crisis intervention worker.

DOC 311.03(6) (6) “Department” means the department of corrections.

DOC 311.03(7) (7) “Division” means the division of adult institutions, department of corrections.

DOC 311.03(8) (8) “Health services staff member” means a physician, registered nurse or physician’s assistant employed by the department.

DOC 311.03(9) (9) “Physician” means an individual licensed as a physician in the state of Wisconsin and employed by the department.

DOC 311.03(10) (10) “Secretary” means the secretary of the department of corrections, or his or her designee.

DOC 311.03(11) (11) “Security director” means the security director of an institution, or his or her designee.

DOC 311.03(12) (12) “Shift captain” means the shift captain of an institution, or his or her designee.

DOC 311.03(13) (13) “Warden” means the warden of an institution, or his or her designee.

DOC 311.03(14) (14) “Working days” means all days except Saturdays, Sundays, and legal holidays.

DOC 311.03 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1998, No. 509; corrections in (4) made under s. 13.92 (4) (b) 6. and 7., Stats., Register June 2011 No. 666.

DOC 311.04 DOC 311.04 Mental health placement.

DOC 311.04(1) (1) Observation for mental health purposes is an involuntary or a voluntary nonpunitive status used for the temporary confinement of an inmate to ensure the safety of the inmate or the safety of others. An inmate may be placed in observation for mental health purposes for one of the following reasons:

DOC 311.04(1)(a) (a) The inmate is mentally ill and dangerous to himself or herself or others.

DOC 311.04(1)(b) (b) The inmate is dangerous to himself or herself.

DOC 311.04(2) (2) An inmate is mentally ill if there is substantial evidence that the inmate has a substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life in an institution, but does not include alcoholism.

DOC 311.04(3) (3) An inmate is dangerous if there is a substantial probability that the inmate will cause physical harm to himself or herself or others as manifested by any of the following:

DOC 311.04(3)(a) (a) Recent homicidal or other violent behavior.

DOC 311.04(3)(b) (b) The reasonable belief of others that violent behavior and serious physical harm is likely to occur because of a recent overt act, attempt or threat to do such physical harm.

DOC 311.04(3)(c) (c) Serious self-destructive behavior or a threat of such behavior.

DOC 311.04(3)(d) (d) The inability to cope with life in the institution to the degree that himself or herself or others are thereby endangered.

DOC 311.04(4) (4) An inmate may be placed in observation by any of the following:

DOC 311.04(4)(a) (a) A clinician, crisis intervention worker or physician.

DOC 311.04(4)(b) (b) The warden.

DOC 311.04(4)(c) (c) A registered nurse or physician’s assistant, if a person under par. (a) is not available for consultation either directly or by telephone.

DOC 311.04(4)(d) (d) The security director or shift captain if a clinician, crisis intervention worker or physician is not available for consultation either directly or by telephone.

DOC 311.04(5) (5) Any staff member or inmate may recommend to any person authorized to place an inmate in observation that an inmate be placed in observation under sub. (4). The staff member or inmate shall state the reasons for the recommendation and describe the inmate’s conduct that underlies the recommendation.

DOC 311.04(6) (6) At the time of placement the inmate shall be informed orally of the reasons for placement.

DOC 311.04 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.05 DOC 311.05 Examination of mental health placement.

DOC 311.05(1) (1) An inmate placed in observation shall be examined by a clinician, crisis intervention worker or physician. The examination shall include a direct personal evaluation and a review of recent relevant information.

DOC 311.05(2) (2) If an inmate is placed in observation by the warden, registered nurse, physician’s assistant, security director or shift captain, a clinician, crisis intervention worker or physician shall be notified immediately of the placement and shall examine the inmate within 2 working days.

DOC 311.05(3) (3) Within 24 hours or as soon as possible after the examination, the clinician, crisis intervention worker or physician shall advise the inmate orally of the finding of the examination. Written results of the examination shall be provided to the inmate within 10 working days of the examination.

DOC 311.05(4) (4) An inmate in observation for a mental health placement will be examined by a clinician, crisis intervention worker or physician at least every 2 working days.

DOC 311.05(5) (5) Examination by a clinician, crisis intervention worker or physician may result in a recommendation for continued placement in observation or in a recommendation for the inmate’s immediate release from observation.

DOC 311.05 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.06 DOC 311.06 Continued mental health placement.

DOC 311.06(1) (1) No inmate in observation for a mental health placement may remain in observation for longer than 15 working days from the initial examination without a clinician, crisis intervention worker or physician making a decision for continued placement.

DOC 311.06(2) (2) An inmate placed in mental health observation due to mental illness and dangerousness may continue in the placement after 15 working days if both of the following situations exist:

DOC 311.06(2)(a) (a) The proceedings for the inmate’s civil commitment under ch. 51, Stats., have been initiated or the commitment obtained.

DOC 311.06(2)(b) (b) The inmate has been served notice of the review of continued mental health placement under s. DOC 311.06 (2).

DOC 311.06(3) (3) An inmate placed in mental health observation due to dangerousness to self may continue in the placement after 15 working days only if both of the following situations exist:

DOC 311.06(3)(a) (a) The proceedings for a review of dangerousness to himself or herself have been initiated.

DOC 311.06(3)(b) (b) The inmate has been served notice of the review of continued mental health placement under s. DOC 311.06 (3).

DOC 311.06 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.07 DOC 311.07 Review of continued mental health placement.

DOC 311.07(1) (1) A clinician, crisis intervention worker or physician may continue a mental health placement in observation for longer than 15 working days if there is a review of continued mental health placement under this section.

DOC 311.07(2) (2) The inmate shall be given written notice of the review prior to the 15th working day of his or her placement and no less than 2 working days prior to the review. The notice shall include all of the following:

DOC 311.07(2)(a) (a) The allegation of the inmate’s mental illness and dangerousness to himself or herself or dangerousness to others.

DOC 311.07(2)(b) (b) The standards used to determine mental illness and dangerousness to himself or herself or dangerousness to others.

DOC 311.07(2)(c) (c) The evidence to be considered at the review.

DOC 311.07(2)(d) (d) The sources of information relied upon unless such disclosure would threaten the personal safety of the person providing the information or institution security.

DOC 311.07(2)(e) (e) An explanation of the possible consequences of any decision regarding the inmate’s mental health placement.

DOC 311.07(2)(f) (f) Notice of the inmate’s rights at the review. The notice shall include all of the following:

DOC 311.07(2)(f)1. 1. The right to be present at the review.

DOC 311.07(2)(f)2. 2. The right to deny any allegation which relates to the inmate’s observation status.

DOC 311.07(2)(f)3. 3. The right to a staff representative in accordance with s. DOC 303.83.

DOC 311.07(2)(f)4. 4. The right to present or have the advocate present information obtained from witnesses.

DOC 311.07(2)(f)5. 5. The right to present documentary evidence.

DOC 311.07(2)(f)6. 6. The right to question witnesses.

DOC 311.07(2)(f)7. 7. The right to receive a written decision, stating the reasons for the decision based upon the evidence.

DOC 311.07(2)(f)8. 8. The right to appeal the review of dangerousness to self decision.

DOC 311.07(2)(g) (g) The date, time and place of the review and an order that the inmate appear at the review.

DOC 311.07(3) (3) The review shall take place not sooner than 2 working days and not later than 5 working days after service of notice to the inmate. The inmate may waive this review or the time limits under this subsection. The waiver shall be in writing.

DOC 311.07(4) (4) At the review, the clinician, physician or crisis intervention worker shall do all of the following:

DOC 311.07(4)(a) (a) Read aloud the allegations of the inmate’s dangerousness and mental illness or dangerousness to himself or herself.

DOC 311.07(4)(b) (b) Provide all witnesses present, including the inmate and the staff member who recommended the placement into observation, a chance to speak.

DOC 311.07(4)(c) (c) Require any relevant medical and psychological evidence to be offered.

DOC 311.07(4)(d) (d) Allow questioning of the witnesses. Questioning may be direct or the inmate may submit questions to be asked of the witnesses.

DOC 311.07(4)(e) (e) Prohibit repetitive, disrespectful or irrelevant questions.

DOC 311.07(4)(f) (f) Determine whether a witness shall be called.

DOC 311.07(4)(g) (g) Determine whether the identities of sources of information relied upon or any statements or evidence should be included in the written record because personal safety or institution security is implicated.

DOC 311.07(4)(h) (h) Record the fact of the omission of the identities of sources of information in the record.

DOC 311.07(5) (5) After the review, the clinician, crisis intervention worker or physician, shall deliberate in private on all of the following:

DOC 311.07(5)(a) (a) The evidence presented and the inmate’s records.

DOC 311.07(5)(b) (b) Whether the standard for dangerousness has been met.

DOC 311.07(5)(c) (c) Whether the standard for mental illness has been met.