Wisconsin Legislature: DOC 333.16(3)(a)

(1) Mechanical restraints which may be used on inmates in DIS placements are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain and leg restraints.

(2) Mechanical restraints may be used only in the following circumstances:

(a) To protect staff or others from a DIS inmate who poses an immediate risk of flight or physical injury to others unless restrained.

(b) To protect a DIS inmate who poses an immediate threat of physical injury to himself or herself unless restrained.

(d) When taking a DIS inmate into custody.

(e) To transport a DIS inmate.

(3) Mechanical restraints may not be used:

(a) As a method of punishment.

(b) About the head or neck of an inmate.

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate.

(d) To restrain an inmate to a moving vehicle.

(4) A DIS staff member shall observe a DIS inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

(5) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

(6) A written record shall be made each time the inmate is placed in restraints. The record shall include:

(a) The inmate’s full name, number, and the date and time the inmate was placed in restraints.

(b) The name of the staff member who placed the inmate in restraints.

(d) A statement indicating when and under what circumstances the restraints were removed.

(7) DIS staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

(8) If the DIS inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.16 Oleoresin of capsicum, firearms and other weapons.

(1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means the oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

(2) Use of oleoresin of capsicum. An employee may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a), Stats., while on duty, only under the following conditions:

(a) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

(b) While acting in self-defense or defense of a third person, as allowed under ss. 941.26 (4) (c) 1. and 939.48, Stats.

(3) Prohibited use. An employee may not use oleoresin of capsicum under [any of] the following:

(a) Against another employee, except for training purposes.

(b) Toward an offender merely because the offender refuses to follow orders.

(4) Approved products. An employee shall carry and use only products and delivery systems approved by the department.

(5) Medical care. An employee shall immediately provide medical attention to the person exposed to oleoresin of capsicum.

(6) Documentation. The employee involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

(7) Firearms or other weapons. No employee may carry or use a firearm or other weapons while on duty, except as permitted under s. DOC 333.16 (2).

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; r. and recr. Register, April, 1997, No. 496, eff. 5-1-97.

DOC 333.17 Escapes.

(1) Plan. The administrator shall develop and annually review and update a written plan to be implemented if an escape occurs from a DIS placement. The plan shall provide for all of the following:

(a) If DIS staff believe that an inmate may have escaped because the inmate has left an assigned area, or has not returned to the DIS residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or DIS staff have received other relevant information, DIS staff shall attempt to contact the inmate.

(b) If DIS staff believe, for the reasons set forth in par. (a), the inmate has escaped or if an inmate is 4 or more hours late returning to the DIS residence without authorization from appropriate DIS staff, DIS staff shall communicate an apprehension request on the inmate to law enforcement agencies.

(c) After an apprehension request has been made for the inmate, the escape shall be reported orally and in writing to the administrator.

(d) DIS staff shall notify the administrator and law enforcement agencies orally and in writing when an inmate who has escaped is apprehended.

(2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known:

(a) The method of escape.

(b) Who was involved in the escape.

(d) Action taken by DIS staff.

(e) A brief evaluation of the factors which may have contributed to the escape.

(f) The identification of persons who may have information about the escape.

(3) Order to duty. In the event of an escape, the administrator may order any off-duty staff member to duty.

(4) Authority of hostage. If a DIS staff member, including the administrator, is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by DIS staff. Any orders issued by a hostage shall be disregarded by the DIS staff.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.18 Search of DIS inmate’s residence.

(1) A search of a DIS inmate’s residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate’s control, may be made at any time by any DIS staff member. There is no requirement that there be any evidence that contraband is concealed in the residence before a search is conducted.

(2) Before the search occurs, it shall be approved orally or in writing by a DIS supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.

(3) There shall be a written report of all searches conducted under sub. (1). This report shall be prepared by the DIS staff who conducted the search. The report shall state:

(a) The identity of the DIS staff who conducted the search and the supervisor who approved it.

(b) The date and time of the search.

(d) The location of the property which is searched.

(e) The reason for conducting the search. If the search was a random search, the report shall state that fact.

(f) Any objects which were seized pursuant to the search.

(g) Whether any damage was done to the premises during the search.

(4) If any objects were seized or property was damaged during the search of an inmate’s residence or property, the inmate shall be informed in writing. The inmate shall be reimbursed for damage to any property which is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

(5) In conducting a search, DIS staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

(6) DIS staff shall not read legal materials belonging to the inmate during a search.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.19 Search of DIS inmates.

(1) Searches of inmates approved for DIS placements shall comply with s. DOC 306.16, modified as follows:

(a) In addition to the reasons for a personal search of an inmate listed under s. DOC 306.16 (2), a personal search of an inmate in a DIS placement may be conducted by DIS staff before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

(b) In addition to the reasons for a strip search of an inmate listed under s. DOC 306.16 (3), a strip search may be conducted before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

(c) In addition to the reasons for a body contents search listed under s. DOC 306.16 (5), a body contents search may be conducted under the following circumstances:

1. Immediately before transfer to the DIS placement;

2. Upon arrival at the DIS placement;

3. If an inmate is found to possess intoxicating substances or intoxicating substances are detected or found in the inmate’s residence or in an area controlled, occupied or inhabited by the inmate;

4. As part of a random testing program of all DIS inmates. Selection of inmates for random testing may not be done for the purpose of harassing or intimidating inmates; or

5. As DIS supervisory staff determine to be appropriate, if an inmate has a history of alcohol or other drug abuse.

(d) “Administrator” is substituted for “superintendent”.

(2) If the DIS inmate is held in a correctional institution, the search rules under ss. DOC 306.13 to 306.16 apply.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.20 Search of staff. Section DOC 306.18 shall regulate the search of DIS staff, except that a search is authorized before and after a staff member has contact with a DIS inmate or if there are reasonable grounds to believe the staff member is concealing an unauthorized object and except that “administrator” is substituted for “superintendent”. The report of a strip search shall be filed with the administrator.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.21 Use of contraband and test results in disciplinary review process.

(1) Contraband seized during a search which is done in violation of this chapter may be used as evidence in the disciplinary review process under s. DOC 333.08.

(2) Results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances may be used as evidence in the disciplinary review process under s. DOC 333.08.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.22 Emergencies.

(1) An emergency is an immediate threat to the safety of DIS staff, inmates or the public. An emergency includes, but is not limited to: