1) Force shall be employed only as a last resort or when other means are unavailable or inadequate, and only to the degree reasonably necessary to achieve a permitted purpose. Department staff shall not employ deadly force.
2) Use of force shall be terminated as soon as force is no longer necessary.
3) Medical screening and/or care shall be conducted following any use of force that results in bodily injury.
4) Corporal punishment is prohibited.
b) Force may be used under the following circumstances:
1) To compel compliance with a lawful order given by an employee to ensure the safety and security of the facility.
2) To protect oneself or any other person from physical assaults, injury or death.
3) To prevent escapes from the facility or from the custody of employees in the community.
4) To protect State property or the property of others from unauthorized use, possession, damage or destruction.
5) To prevent or suppress a riot, revolt, mutiny or insurrection, or other serious disturbance.
The department was unable to locate administrative rules governing patient/offender leaves.
Iowa
IAC Rules 201.38.1-4 address sex offender management and treatment. However these rules do not include provisions related to the use of force. IAC Rule 201.20.12 and Iowa’s Department of Corrections policy IS-RL-04 discuss the availability of “Furloughs” for certain types of offenders, but exclude sex offenders in particular and in all cases prohibit out-of-state leaves.
Michigan
Michigan Admin. Code r. 791.706 states:
Use of force.
Rule 6. A facility shall establish and maintain written policy, procedure, and practice which restrict the use of physical force to instances of justifiable self defense, protection of others, protection of property, and prevention of escapes, and then only as a last resort and in accordance with appropriate statutory authority. Physical force shall not be used as punishment. A written report is prepared after force is used and is submitted to administrative staff for review.
Policy directive 04.05.110 from the Michigan Department of Corrections, which addresses Use of Force, is exempt from public disclosure.
The department was unable to locate administrative rules governing patient/offender leaves. However, policy direction 04.04.140 from the Michigan Department of Corrections, addresses “Funeral and Sick Bed Visits.” These visits are restricted to in-state destinations.
Minnesota
Minnesota Rules ch. 2965 addresses Adult Sex Offender Treatment. However, these rules do not discuss the use of force, or patient/offender leaves. Part 2920.5700 § E. states: “physical force shall be used only in instances of justifiable self-protection, protection of others, and prevention of property damage, and only to the degree necessary to control the situation. The action taken shall be documented and placed on file.”
Summary of factual data and analytical methodologies
The department did not rely on factual data or analytical methodologies in preparing the proposed rule. Revisions are intended to conform outdated provisions to existing practices and to improve risk management.
Analysis and supporting documents used to determine effect on small business
None. The proposed rules do not impact small businesses.
Effect on small business
None. The proposed rules do not impact small businesses.
Statement on quality of agency data
The department did not rely on data in developing the proposed rule. Revisions are intended to conform outdated provisions to existing practices and to improve risk management.
Agency contact person
Mike Derr
Phone: (608) 267-7704
Place where comments are to be submitted and deadline for submission
Comments on the proposed rules may be submitted by accessing the department’s rules site, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Once a public hearing has been scheduled, additional commenting will be enabled through the Wisconsin State Legislature’s site, at http://docs.legis.wisconsin.gov/code. The notice of pubic hearing and the deadline for submitting comments will be published both to the department’s rules site, and in the Administrative Register. RULE TEXT
SECTION 1. DHS 95.03 (11) is repealed.
SECTION 2. DHS 95.06 (1) (title) and (1) (a) are amended to read:
DHS 95.06 (1) Force option continuum. Intervention options.
(a) Policies and procedures. The director shall adopt written policies and procedures that establish a systematic progression of force an intervention options model of force based on the perceived level of threat to guide staff in the use of force during a disturbance or emergency, to prevent escapes or to pursue and capture escapees. This progression includes These intervention options shall include staff presence, dialogue, empty-hand control, incapacitating devices, control alternatives, protective alternatives and lethal force. The policies and procedures shall be designed to help ensure that force is only used when necessary and that only the amount of force that is necessary under the circumstances is used.
SECTION 3. DHS 95.06 (3) is repealed.
SECTION 4. DHS 95.08 (1) is amended to read:
DHS 95.08 Training. (1) The director shall adopt written policies and procedures to ensure that facility staff who may be called upon to use force under S. DHS 95.06 are properly trained and regularly updated on the systematic progression intervention options model of force policies and procedures adopted under s. DHS 95.06 (1) (a). SECTION 5. DHS 95.08 (3) is repealed.
SECTION 6. DHS 95.10 (1) (intro.) and (c) are amended to read:
DHS 95.10 (1) Pursuant to s. 980.067, Stats., the director of the secure mental health facility established under s. 46.055, Stats., the Wisconsin resource center established under s. 46.056, Stats., or any secure mental health unit or facility provided by the department of corrections under s. 980.065 (2), Stats., may, at his or her discretion, allow a patient detained or committed under ch. 980, Stats., to leave the grounds of a facility under staff escort and be escorted by staff to a location within the state of Wisconsin for a purpose consistent with the therapeutic interests of the patient and the security interests of the facility and the community, including any of the following:
DHS 95.10 (1) (c) To engage in pre-placement or pre-discharge activities when the patient has a proposed or approved supervised release plan under s. 980.08 (5), Stats., or a discharge plan.
SECTION 7.
DHS 95.10 (1) (Note) is repealed.
SECTION 8.
EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2), Stats.
