Skip navigation Wisconsin State Legislature
This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
(9) Youth may not use physical force at any time.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.
DOC 376.08 Use of chemical agents. The use of oleoresin capsicum and other chemical agents is prohibited.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.
DOC 376.09 Mechanical restraints. Mechanical restraints, including handcuffs, may only be used if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others and must be removed immediately when the threat of harm or safety concern has abated. The use of mechanical restraints shall be consistent with the provisions of this section and subject to all of the following:
(1) Under all circumstances, there is a presumption that youth shall not be mechanically restrained.
(2) No mechanical restraint device other than handcuffs may be used on youth while they are in the facility except under any of the following conditions:
(a) When ordered by psychology staff to attempt to prevent active self-harm.
(b) If the youth poses an immediate and substantial threat of physical harm to others.
(c) During transportation additional restraints such as waist chains or leg restraints may be used when necessary to prevent an imminent threat of harm to youth or others.
(3) Mechanical restraints shall never be used for punishment or discipline.
(4) Youth may never be restrained to a fixed object unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.
(5) Only staff trained in the use of physical force, mechanical restraints, and de-escalation techniques may place a youth in mechanical restraints.
(6) Mechanical restraints may be used during transportation when there is a documented reason to prevent an imminent threat of physical harm to others.
(7) When youth are being transported for release to a nonlocked environment, restraints may not be used unless to prevent a threat of harm to youth or staff or both.
(8) Any use of mechanical restraints, except during transportation or authorized by psychology staff, shall be authorized by a supervisor.
(9) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least every 45 minutes, with the actual time of the observation or intervention recorded.
(10) Facility staff must document all uses of restraints in the facility, including a description of the events leading up to the use of restraints, the less restrictive alternatives attempted, and the length of time the youth spent in restraints.
(11) Mechanical restraints in excess of 45 minutes may be used only if all of the following apply:
(a) The use is approved by the superintendent, safety director or designee.
(b) The use is approved by psychology staff.
(c) The superintendent and psychology staff shall review use every 45 minutes thereafter.
(12) When psychology staff approves additional 45 minutes of mechanical restraint use, as soon as possible and no later than 2 hours following this approval, psychology staff shall evaluate the youth and provide therapeutic interventions to the youth as needed.
(13) Full body restraints may be used only for the following reasons with authorization from the superintendent in consultation with psychology staff:
(a) To protect a youth who poses an immediate threat of physical injury to self unless placed in full body restraints.
(b) To protect a youth in a health emergency that requires full body restraints.
(c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless placed in full body restraints.
(14) When staff place a youth in full body restraints under sub. (13) (a) to (c), all of the following apply:
(a) The shift supervisor shall be present and shall notify the superintendent, a health services professional and the psychologist on call.
(b) A minimum of 3 staff shall be present when the youth is placed in full body restraints.
(c) A video and audio recording shall be made as directed by the superintendent.
(d) A staff psychologist or psychiatrist shall arrange for an on-site evaluation within 2 hours after the application of full body restraints.
(e) The psychologist or psychiatrist shall recommend to the superintendent whether the youth should remain in full body restraints and what actions should be taken to protect the youth.
(f) A health services professional shall conduct a physical examination as soon as possible, but not later than one hour after application of full body restraints. A physical examination shall be conducted every 4 hours thereafter by a health services professional.
(g) Staff shall directly and continuously observe a youth immobilized in full body restraints.
(h) Youth may be partially released from full body restraints if it is safe to do so to perform bodily functions and for meals. Three staff members, one of whom shall be a supervisor, shall be present before and during the release.
(i) The youth shall be released immediately if it becomes apparent that full body restraints present a medical risk to the youth.
(15) Facility staff must document all uses of full body restraints in the facility, including a description of the events leading up to the use of full body restraints, the less restrictive alternatives attempted, and the length of time the youth spent in full body restraints. Staff shall also document:
(a) The name of the staff making the observation and comments on the youth’s condition and behavior while in full body restraints.
(b) The dates and times that the youth was observed by clinical staff, a health services professional or a licensed psychologist or psychiatrist, the recommendations made by those persons and whether staff implemented the recommendations.
(c) Medication given and the time it was given.
(16) The superintendent may authorize partial or complete release from full body restraints at any time.
(17) No youth may be immobilized in full body restraints for longer than 12 hours, unless the youth is examined by a psychologist, psychiatrist or the crisis intervention worker, who shall make a written recommendation to the superintendent as to whether the youth should continue to remain in full body restraints. An examination by a psychologist, psychiatrist or crisis intervention leader shall occur thereafter at least every 12 hours that a youth is in full body restraints. The superintendent may authorize the use of restraints for more than 12 hours. The superintendent shall notify the administrator of the decision to continue the use of full body restraints beyond 12 hours and every 12 hours thereafter.
(18) Staff shall initiate a transfer to a mental health facility under s. 51.35 (3), Stats., if appropriate. Staff shall not retain a youth in full body restraints under sub. (13) (a) to (c) for more than 24 hours, unless a transfer to a mental health facility has been initiated by the facility.
(19) A monthly report concerning each incident involving the use of full body restraints shall be submitted by the superintendent to the administrator.
(20) Facilities shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00 ; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25; correction in (18), (20) made under s. 35.17, Stats., Register February 2025 No. 830.
DOC 376.10 Escapes.
(1) Plan. The facility shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:
(a) Reporting the escape to the superintendent and the administrator.
(b) Staff communication.
(c) Notification to local and committing county law enforcement authorities.
(d) Notification to the community, consistent with s. 938.51 (1r), Stats.
Note: There is no statutory requirement for notification to the community in the event of escape.
(e) Pursuit of the escapee.
(f) An immediate count of all youth.
(g) A search of the facility and grounds.
(h) An investigation into the background, mail and visitors list of the escaped youth.
(i) An accessible list of the names, addresses and phone numbers of off-duty staff members.
(j) The operation of essential posts.
(k) Securing tools and any implement that may be fashioned into a weapon.
(L) Victim notification, if requested under s. 938.51 (4), Stats.
(m) The preservation of any evidence relevant to the escape and the chain of evidence.
(n) The repair of any facilities damaged in the escape.
(o) The responsibility of staff after an escape.
(p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.
(2) Reports. Reports of escapes required under sub. (1) (a) shall include:
(a) Date, time and location when the youth was last seen.
(b) The method of escape.
(c) Who was involved in the escape.
(d) A description of the escapee, including clothing worn.
(e) Action taken by the facility, including procedures initiated.
(f) A brief evaluation of the factors which may have contributed to the escape.
(g) The identification of persons who may have information about the escape.
(3) Hostages. When a youth takes the superintendent or any staff hostage, the hostage shall have no authority to order any action or inaction by staff.
(4) Pursuit. Any pursuit of an escaped youth by staff shall be done in cooperation with local law enforcement authorities. Until local law enforcement authorities are able to supervise pursuit, staff shall conduct the pursuit under supervision of the superintendent.
(5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.
(6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.
(7) Criminal convictions. A youth who is in a facility because of an adult criminal court conviction who escapes from a facility shall be treated as an adult in regard to confidentiality of information.
(8) Public information release. After 12 hours, the department may release information to the public if permitted under s. 938.78 (3), Stats., for youth adjudicated for certain criminal offenses. The information may include the youth’s name, age, physical description, including clothing, the date and time of the escape and the facility where the escape occurred.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (L) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; CR 24-003: am. (1) (intro.), (g), (2) (e), (7), (8) Register February 2025 No. 830, eff. 3-1-25.
DOC 376.11 Search of facility grounds. Staff may conduct a search of any area within the buildings or grounds of a facility at any time. There is no requirement that evidence exists that contraband is concealed on facility grounds before such a search is conducted. Upon completion of the search, staff shall complete a facility incident report describing the search including any discovery of contraband.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, eff. 3-1-25.
DOC 376.12 Search of youth living quarters.
(1) Whenever staff conduct a search of a youth’s living quarters, staff in charge of the living unit at the time of the search or the staff who conducted the search shall write a report that includes all of the following:
(a) The identity of the staff who conducted the search and the supervisor who approved it.
(b) The date and time of the search.
(c) The identity of the youth whose living quarters were searched.
(d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.