Chapter DOC 311

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.

DOC 311.07(6) (6) After deliberation, the clinician, crisis intervention worker, or physician shall decide all of the following:

DOC 311.07(6)(a) (a) Whether the inmate is mentally ill and dangerous or whether the inmate is dangerous to himself or herself.

DOC 311.07(6)(b) (b) Whether the inmate is to continue in observation.

DOC 311.07(7) (7) The clinician, crisis intervention worker or physician shall give reasons for the decision to the inmate in writing within 2 working days after the review.

DOC 311.07(8) (8) There shall be a clinical review of an inmate in observation at least once every 15 working days and the procedures for review shall be followed.

DOC 311.07 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (f) 3. made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 11-022: am. (7) Register September 2014 No. 705, eff. 1-1-15.

DOC 311.08 DOC 311.08 Civil commitment. If, in the opinion of the attending clinician, crisis intervention worker or physician, an inmate in observation is in need of additional treatment at a mental health or medical facility, such recommendation shall be made to the warden for approval of the transfer and the inmate may be transferred pursuant to s. 51.37 (5) or 51.20, Stats.

DOC 311.08 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.09 DOC 311.09 Review of dangerousness to self.

DOC 311.09(1) (1) If, in the opinion of the attending clinician, crisis intervention worker or physician, an inmate in observation is in need of placement in observation longer than 15 working days from the examination under s. DOC 311.05, the attending clinician, crisis intervention worker or physician shall refer the decision to the administrator for review.

DOC 311.09(2) (2) The administrator shall assign a psychologist from an institution other than the institution seeking the continued observation placement to conduct the review, to examine the inmate and to review the documentation of the case.

DOC 311.09(3) (3) The review shall include all of the following:

DOC 311.09(3)(a) (a) Reasons for belief of dangerousness to himself or herself.

DOC 311.09(3)(b) (b) Reasons for need for continued placement in observation.

DOC 311.09(3)(c) (c) Reasons alternative interventions are inappropriate or inadequate.

DOC 311.09(4) (4) The assigned psychologist shall do all of the following:

DOC 311.09(4)(a) (a) Submit a written report of the examination.

DOC 311.09(4)(b) (b) Review the records and findings regarding dangerousness to himself or herself.

DOC 311.09(4)(c) (c) Determine the need for continued placement in observation.

DOC 311.09(4)(d) (d) Determine the availability of alternative interventions.

DOC 311.09(5) (5) The inmate and his or her advocate, if one is chosen, shall receive a copy of all of the following:

DOC 311.09(5)(a) (a) The documentation of the review of continued commitment.

DOC 311.09(5)(b) (b) The findings of the review of continued commitment.

DOC 311.09(5)(c) (c) The referral for review of dangerousness to himself or herself.

DOC 311.09(5)(d) (d) The report of the appointed evaluator.

DOC 311.09(6) (6) The inmate and the advocate may respond in writing within 5 working days to any or all of the following information:

DOC 311.09(6)(a) (a) The allegations of dangerousness to himself or herself.

DOC 311.09(6)(b) (b) The need for continued placement in observation.

DOC 311.09(6)(c) (c) The availability of alternative interventions.

DOC 311.09(7) (7) The assigned psychologist shall decide whether an inmate is dangerous to himself or herself and whether the inmate is in need of continued placement in observation. The reasons for the decision shall be given to the inmate in writing within 2 working days after the decision is made.

DOC 311.09(8) (8) An assigned psychologist shall conduct a review of dangerousness to self of an inmate in mental health observation at least once every 30 working days to determine whether the inmate is dangerous to himself or herself, and the procedures for review shall be followed.

DOC 311.09 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.10 DOC 311.10 Medical placement.

DOC 311.10(1) (1) Observation for medical purposes is an involuntary or voluntary, nonpunitive status used for the temporary confinement of an inmate to ensure the inmate’s safety and the safety of others if one or both of the following exists:

DOC 311.10(1)(a) (a) The inmate has, or is suspected of having, a medical problem that requires separation from the population for treatment by a physician.

DOC 311.10(1)(b) (b) An inmate is refusing testing for communicable illness.

DOC 311.10(2) (2) An inmate may be placed in observation by any of the following:

DOC 311.10(2)(a) (a) A physician.

DOC 311.10(2)(b) (b) The warden.

DOC 311.10(2)(c) (c) A clinical or health services staff member, the security director or the shift captain, if a physician is not available for consultation either directly or by telephone.

DOC 311.10(3) (3) Any staff member or inmate may recommend to any person authorized to place an inmate in observation that an inmate be placed in observation. The staff member or inmate shall state the reasons for the recommendation and describe the inmate’s symptomatology that underlies the recommendation. The inmate shall be provided with a written copy of the reasons for the recommendation within 10 working days of the recommendation.

DOC 311.10(4) (4) At the time of placement the inmate shall be informed orally of the reasons for placement.

DOC 311.10 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.11 DOC 311.11 Medical examination.

DOC 311.11(1) (1) An inmate placed in observation shall be examined by a physician. The examination shall include a direct personal evaluation and a review of relevant information.

DOC 311.11(2) (2) If an inmate is placed in observation by a person under s. DOC 311.10 (2), a physician shall be notified immediately of the placement and shall examine the inmate within 2 working days.

DOC 311.11(3) (3) Within 24 hours or as soon as possible after the examination, the inmate shall be advised of the reasons for the placement and findings of the examination. The physician shall provide written notification of the findings of the examination within a reasonable period of time.

DOC 311.11 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.12 DOC 311.12 Continued medical placement.

DOC 311.12(1) (1) An inmate placed in medical observation may remain in medical observation for a reasonable period of time for diagnosis and treatment or as needed, as determined by a physician, until such time as a physician determines that the inmate no longer requires separation from the population.

DOC 311.12(2) (2) An inmate placed in observation shall receive periodic reviews of the medical placement status by a physician. The frequency of the periodic review shall be based on the inmate’s medical diagnosis and the physician’s professional judgment.

DOC 311.12 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.13 DOC 311.13 Appeals.

DOC 311.13(1) (1) An inmate placed in observation shall have the immediate right to appeal such placement decision to the administrator under any of the following circumstances:

DOC 311.13(1)(a) (a) The inmate has not received a timely review under s. DOC 311.05 (2).

DOC 311.13(1)(b) (b) The inmate in observation for mental health purposes due to dangerousness to himself or herself wishes to challenge the review of dangerousness to self decision.

DOC 311.13(2) (2) The administrator may request an additional clinical or medical assessment of the inmate’s condition prior to the administrator’s written decision which shall be issued to the inmate and clinical or medical staff within 5 working days of receipt of the appeal.

DOC 311.13(3) (3) An inmate may appeal the administrator’s written decision to the secretary who shall issue a written decision within 5 working days of the appeal.

DOC 311.13 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

DOC 311.14 DOC 311.14 Conditions of confinement while in observation.

DOC 311.14(1) (1) An inmate in observation shall be confined alone in a well-ventilated, sanitary, secure cell equipped with an observation port. Conditions, including privileges and properties, shall, insofar as possible, be the same as those in the status from which the inmate came prior to the observation placement. A staff member who is authorized in s. DOC 311.04 (4) to place an inmate in observation may change the inmate’s condition of confinement if the staff member reasonably believes any of the following: