Chapter DOC 396

DOC 396.14(2) (2) A youth has escaped if the youth is absent without permission or leaves one or more of the following placements or scheduled activities without permission:

DOC 396.14(2)(a) (a) The youth’s residence or other assigned placement.

DOC 396.14(2)(b) (b) A scheduled school classroom or training site.

DOC 396.14(2)(c) (c) A scheduled work site.

DOC 396.14(2)(d) (d) An assigned report center or other department office.

DOC 396.14(2)(e) (e) Any other scheduled program or activity, including an authorized treatment program, community service assignment or any other activity established in the youth’s daily schedule.

DOC 396.14(2)(f) (f) Any other place to which the youth has been assigned.

DOC 396.14(3) (3) A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by staff to the district attorney for consideration of charges regarding the escape.

DOC 396.14(4) (4) When staff reasonably believe that a youth has escaped, staff shall immediately contact law enforcement authorities and may search for and attempt to take the youth into custody.

DOC 396.14(5) (5) Staff shall notify a supervisor promptly whenever a youth escapes.

DOC 396.14(6) (6) Staff shall make a reasonable effort to promptly notify any victims or witnesses who have requested notification under s. 938.51 (2), Stats.

DOC 396.14(7) (7) When a youth who has escaped is taken into custody and detained under s. DOC 396.11 (1) or (2), the youth may be placed on close confinement status pending investigation of the escape and termination of the placement under s. DOC 396.12.

DOC 396.14(8) (8) When a youth is detained following an escape, a violation report under s. DOC 396.10 (3) (b) shall be promptly forwarded to the youth at the facility where the youth is being detained.

DOC 396.14 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.15 DOC 396.15 Use of physical force.

DOC 396.15(1) (1) Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.

DOC 396.15(2) (2) Corporal punishment. Staff may not impose corporal punishment on any youth.

DOC 396.15(3) (3) Amount of physical force. Only reasonable and the minimum necessary force may be used stop a youth in the act of escaping or to apprehend a youth under s. 938.08 (3), Stats. Staff may not use excessive force. All of the following procedures apply to the use of force to unless use of the procedures would facilitate an escape:

DOC 396.15(3)(a) (a) Staff shall not attempt to physically handle a youth until sufficient staff are present for a show of physical force.

DOC 396.15(3)(b) (b) Staff shall ask a youth to voluntarily comply.

DOC 396.15(3)(c) (c) If a youth refuses to voluntarily comply, one or more staff may firmly grasp the youth.

DOC 396.15(3)(d) (d) Staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.

DOC 396.15(4) (4) Follow-up after the use of force.

DOC 396.15(4)(a) (a) After staff use force on a youth under sub. (1), the youth and involved staff shall immediately be checked by staff for injury. If the youth or staff have been injured, staff shall immediately seek appropriate medical treatment of the injury. A supervisor shall be notified immediately of the use of force and any injury to youth or staff.

DOC 396.15(4)(b) (b) The staff shall promptly notify the department regarding the use of force, but not later than 24 hours after the use of force. Staff involved in the incident shall submit a written report describing the incident of use of force to a supervisor within 24 hours of the incident. The report shall be included in the youth’s file. The report shall include all of the following:

DOC 396.15(4)(b)1. 1. The youth’s full name and the date, time and place force was used against the youth.

DOC 396.15(4)(b)2. 2. The name of all staff who used force against the youth.

DOC 396.15(4)(b)3. 3. All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).

DOC 396.15(4)(b)4. 4. The reason for using force.

DOC 396.15(4)(b)5. 5. The names of all persons who observed the use of force and their written accounts of the occurrence or a report of their accounts.

DOC 396.15 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.16 DOC 396.16 Mechanical restraints.

DOC 396.16(1) (1) General. Staff may use mechanical restraints only in accordance with this section.

DOC 396.16(2) (2) Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:

DOC 396.16(2)(a) (a) To stop a youth in the act of escaping.

DOC 396.16(2)(b) (b) To transport a youth who has escaped and been apprehended.

DOC 396.16(2)(c) (c) To temporarily restrain youth until the youth can be transported to a secure detention facility, a mental health or medical facility or a type 1 secured correctional facility.

DOC 396.16(3) (3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

DOC 396.16(3)(a) (a) As a method of punishment.

DOC 396.16(3)(b) (b) About the head or neck of a youth.

DOC 396.16(3)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth.

DOC 396.16(3)(d) (d) To secure a youth to a motor vehicle.

DOC 396.16(4) (4) Mechanical restraint procedures.

DOC 396.16(4)(a) (a) Custody and transportation. When staff place a youth in mechanical restraints to take the youth into custody and transport the youth after an escape or an attempted escape, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

DOC 396.16(4)(b) (b) Observation. Staff shall remain with a youth placed in mechanical restraints at all times until the restraints are removed or until the youth is admitted to a place of secure confinement or is taken into custody by law enforcement authorities.

DOC 396.16(4)(c) (c) Services and privileges. A youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

DOC 396.16(4)(d) (d) Check for injury. When staff use mechanical restraints, staff shall check the youth for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

DOC 396.16(4)(e) (e) Record. When staff use mechanical restraints to take a youth into physical custody, staff shall promptly notify a supervisor. The staff shall promptly notify the department no later than 24 hours after the occurrence. A written report describing the incident shall be submitted by staff to a supervisor within 24 hours and included in the youth’s file. The report shall include all of the following:

DOC 396.16(4)(e)1. 1. The youth’s full name, date, time and place the youth was placed in mechanical restraints.

DOC 396.16(4)(e)2. 2. The name of staff who placed the youth in restraints.

DOC 396.16(4)(e)3. 3. All relevant facts related to the incident that required the use of restraints.

DOC 396.16(4)(e)4. 4. The reason for placing the youth in restraints and a description of the restraints used.

DOC 396.16(4)(e)5. 5. A statement indicating when and under what circumstances the restraints were removed.

DOC 396.16(5) (5) Equipment. Staff shall only use mechanical restraints approved by the department. Staff shall examine the supply of mechanical restraints at least every 6 months. Any mechanical restraints which are excessively worn or which become defective through use shall be delivered to a supervisor to be destroyed.

DOC 396.16(6) (6) Annual report. Each regional chief shall submit an annual report to the administrator describing all incidents involving the use of mechanical restraints by program staff.

DOC 396.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.17 DOC 396.17 Chemical agents and weapons.

DOC 396.17(1) (1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

DOC 396.17(2) (2) Use of oleoresin of capsicum. Staff may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a) and (c), Stats., while on duty and only under all of the following conditions:

DOC 396.17(2)(a) (a) If approved by the department.

DOC 396.17(2)(b) (b) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

DOC 396.17(2)(c) (c) While acting in self-defense or defense of a third person, as permitted under ss. 939.48 and 941.26 (4) (c) 1., Stats.

DOC 396.17(3) (3) Approved products. Staff may carry and use only the delivery systems for oleoresin capsicum which are approved by the department.

DOC 396.17(4) (4) Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.

DOC 396.17(5) (5) Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

DOC 396.17(6) (6) Firearms or other weapons. Staff may not carry a firearm or other weapon while on duty.

DOC 396.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.18 DOC 396.18 Search and seizure.

DOC 396.18(1) (1) General. Staff may conduct a search of a youth and a youth’s living quarters or property at any time, subject to this section. In this section:

DOC 396.18(1)(a) (a) “Living quarters” means a private bedroom, common familial or communal living areas and areas under a youth’s control or to which the youth has access, including, but not limited to, the grounds and motor vehicles.

DOC 396.18(1)(b) (b) “Property” means objects under a youth’s control, regardless of ownership.

DOC 396.18(2) (2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

DOC 396.18(2)(a) (a) When staff have a reasonable belief that a youth possesses contraband.

DOC 396.18(2)(b) (b) After the youth has been taken into custody and before transporting the youth.

DOC 396.18(2)(c) (c) Upon release from a secure detention center or type 1 secured correctional facility or other secured confinement.

DOC 396.18(2)(d) (d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

DOC 396.18(2)(e) (e) At random with the prior authorization of a supervisor.

DOC 396.18(2)(f) (f) At the direction of a supervisor.

DOC 396.18(3) (3) Strip search.

DOC 396.18(3)(a) (a) A strip search may be conducted in addition to a personal search for any reason stated in sub. (2) only when staff have a reasonable belief that the youth is concealing contraband secreted within the youth’s underclothing or external body areas, and the youth refuses to voluntarily give the suspected contraband to staff.

DOC 396.18(3)(b) (b) Staff shall obtain prior approval from a supervisor before conducting a strip search. The supervisor may approve the strip search if the supervisor determines that the requirements of par. (a) are met.

DOC 396.18(3)(c) (c) A strip search shall be conducted in a clean and private place by a person of the same sex as the youth being searched. The search shall be conducted by two persons of the same sex as the youth when possible.

DOC 396.18(4) (4) Body contents search.

DOC 396.18(4)(a) (a) Staff may conduct a body contents search if staff have a reasonable belief that a youth has consumed an intoxicating substance or is concealing contraband in a manner that might be discovered by such a search and prior authorization has been obtained from a supervisor.

DOC 396.18(4)(b) (b) Staff may require a youth to submit to routine drug and alcohol tests for cause as part of a routine testing of all youth in a program or as part of a random testing program.

DOC 396.18(4)(c) (c) When an agent or supervisor requires that collection of a urine specimen be observed, staff of the same sex as the youth shall observe and collect the urine specimen.

DOC 396.18(4)(d) (d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.

DOC 396.18(4)(e) (e) X-rays may be conducted only by licensed radiology personnel.

DOC 396.18(5) (5) Reasonable grounds to believe. In deciding whether a reasonable belief exists under subs. (2), (3) and (4), all of the following shall be considered: