Chapter DHS 95

Register November 2008 No. 635

Chapter DHS 95

CUSTODY AND CONTROL OF CH. 980, STATS., PATIENTS

Subchapter I — General Provisions

DHS 95.01   Authority and purpose.

DHS 95.02   Applicability.

DHS 95.03   Definitions.

Subchapter II — Use of Force

DHS 95.04   Preventing escapes.

DHS 95.05   Pursuing and capturing escapees.

DHS 95.06   Use of force.

DHS 95.07   Documentation.

DHS 95.08   Training.

Subchapter III — Other Custody and Control Issues

DHS 95.10   Escorted leaves for chapter 980 patients.

Ch. DHS 95 Note Note: Chapter HFS 95 was renumbered to chapter DHS 95 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. I of ch. DHS 95 Subchapter I — General Provisions

DHS 95.01 DHS 95.01 Authority and purpose. Pursuant to the authority vested in the department by ss. 46.055, 46.058 (2m), 51.61 (9), 227.11 (2), 980.04 (1), 980.06, 980.065 (2) and 980.067, Stats., the department adopts this chapter to do all of the following:

DHS 95.01(1) (1) Define the use of “necessary and appropriate force” in relation to preventing escapes and pursuing and capturing persons detained at or committed to a facility, center or unit under ch. 980, Stats., who have escaped and to establish security standards at facilities housing such persons. Primary security objectives of the department are to protect the public, staff and patients and to afford patients the opportunity to participate in treatment and activities in a safe setting. Every employee of a facility is responsible for the safe custody of patients.

DHS 95.01 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. Register March 2003 No. 567, eff. 4-1-03.

DHS 95.02 DHS 95.02 Applicability. This chapter applies to the secure mental health facility established under s. 46.055, Stats., the Wisconsin resource center established under s. 46.056, Stats., and any secure mental health unit or facility provided by the department of corrections under s. 980.065 (2), Stats.

DHS 95.02 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02.

DHS 95.03 DHS 95.03 Definitions.

DHS 95.03(1) (1) “Administrator” means the administrator of the division.

DHS 95.03(2) (2) “Bodily injury” means physical injury, illness, or any impairment of physical condition.

DHS 95.03(3) (3) “Department” means the department of health services.

DHS 95.03(4) (4) “Director” means the superintendent of a facility, or that person’s designee.

DHS 95.03(5) (5) “Disturbance” means a situation caused by a patient that disrupts the normal functioning of the facility, including but not limited to any of the following:

DHS 95.03(5)(a) (a) An assault on any person by 2 or more patients.

DHS 95.03(5)(b) (b) The taking of a hostage by a patient.

DHS 95.03(5)(c) (c) The destruction of state property or the property of another by 2 or more patients.

DHS 95.03(5)(d) (d) The refusal by 2 or more patients, acting in concert, to comply with an order.

DHS 95.03(5)(e) (e) Any word or acts by two or more patients which incite or encourage other patients to do any of the above.

DHS 95.03(6) (6) “Division” means the division of care and treatment facilities in the department.

DHS 95.03(7) (7) “Emergency” means an immediate threat to the safety of the public, staff or patients of the facility. An emergency includes, but is not limited to any of the following:

DHS 95.03(7)(a) (a) A utility malfunction.

DHS 95.03(7)(b) (b) A fire.

DHS 95.03(7)(c) (c) A bomb threat or an explosion.

DHS 95.03(7)(d) (d) A natural disaster.

DHS 95.03(7)(e) (e) A civil disturbance.

DHS 95.03(7)(f) (f) A patient’s escape.

DHS 95.03(8) (8) “Facility” means 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.

DHS 95.03(9) (9) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way.

DHS 95.03(10) (10) “Great bodily injury” means bodily injury which creates a high probability of illness, death or serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

DHS 95.03(12) (12) “Less than lethal force” means force which the user reasonably believes will not create a substantial risk of causing death or great bodily injury to another.

DHS 95.03(13) (13) “Lethal force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily injury to another.

DHS 95.03(14) (14) “Patient” means a person detained at or committed to a facility under ch. 980, Stats.

DHS 95.03(15) (15) “Reasonably believes” means that the actor believes that the use of force is necessary in a given situation and such belief is reasonable under the circumstances.

DHS 95.03(15m) (15m) “Relative” means a parent, son, daughter, grandparent, greatgrandparent, grandchild, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt. This relationship shall be by blood, marriage, or adoption.

DHS 95.03(16) (16) “Secretary” means the secretary of the department.

DHS 95.03(17) (17) “Security director” means the security director at a facility, or that person’s designee.

DHS 95.03(18) (18) “Strength or power” means the use of physical strength alone or with any device or object, including but not limited to an incapacitating device, firearm, or any other mechanical, electronic or physical object.

DHS 95.03 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. (11) and (13), cr. (15m) Register March 2003 No. 567, eff. 4-1-03; renumber (12) and (13) under s. 13.93 (2m) (b) 1., Stats., Register March 2003 No. 567; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; CR 18-066: r. (11) Register March 2020 No. 771, eff. 4-1-20.

subch. II of ch. DHS 95 Subchapter II — Use of Force

DHS 95.04 DHS 95.04 Preventing escapes. The director shall adopt written policies and procedures consistent with this chapter to prevent escapes.

DHS 95.04 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02.

DHS 95.05 DHS 95.05 Pursuing and capturing escapees. The director shall adopt written policies and procedures consistent with this chapter to pursue and capture escapees. The director may enter agreements with local and state law enforcement agencies to pursue and capture escapees.

DHS 95.05 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02.

DHS 95.06 DHS 95.06 Use of force.

DHS 95.06(1) (1) Intervention options.

DHS 95.06(1)(a) (a) Policies and procedures. The director shall adopt written policies and procedures that establish 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. These intervention options shall include staff presence, dialogue, 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.