Wisconsin Legislature: DOC 376.09(9)

History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, 3-1-25.

DOC 376.07 Use of force.

(1) The superintendent shall enact policies and procedures related to the use of physical force based on juvenile-focused best practices, including a physical force intervention training that is consistent with the provisions of this section.

(2) Corporal punishment of youth is not permitted under any circumstances.

(3) Only the minimum force that is reasonably necessary to achieve a proper objective may be used. Excessive force shall not be used.

(4) Staff may use physical force only if the individual staff member using force reasonably believes that it is immediately necessary to accomplish one of the following purposes:

(a) To prevent a youth who poses an imminent and substantial risk of physical harm from harming themselves or others.

(b) To regain control of all or part of a facility during a disturbance as defined in s. DOC 376.20 (1) or an emergency as defined in s. DOC 376.21 (1).

(5) After the use of physical force, the youth who were involved shall be checked for injury and provided appropriate medical services. Staff shall submit a written report to the superintendent regarding any medical services provided.

(6) If physical force is used, each staff member involved shall submit a separate written report regarding the incident to the superintendent.

(7) All facility staff shall be trained in de-escalation practices at least annually.

(8) Staff may use the physical force necessary to prevent death or great bodily harm.

(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.

(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.

(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.

(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.

(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.

(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.