Chapter DHS 95

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.

DHS 95.06(1)(b) (b) Less than lethal force. Staff may use less than lethal force against patients only if the user reasonably believes that the use of less than lethal force is immediately necessary to achieve any of the following:

DHS 95.06(1)(b)1. 1. Prevent death or bodily injury to oneself or another.

DHS 95.06(1)(b)2. 2. Regain control of a facility or part of a facility.

DHS 95.06(1)(b)3. 3. Prevent escape or apprehend an escapee.

DHS 95.06(1)(b)4. 4. Change the location of a patient.

DHS 95.06(1)(b)5. 5. Control a disruptive patient.

DHS 95.06(1)(b)6. 6. Prevent unlawful damage to property.

DHS 95.06(1)(b)7. 7. Enforce a departmental rule, a facility policy or procedure or an order from a staff member.

DHS 95.06(1)(c) (c) Lethal force.

DHS 95.06(1)(c)1. 1. Staff may use lethal force only if the user reasonably believes that the use of such force is immediately necessary to achieve any of the following:

DHS 95.06(1)(c)1.a. a. Prevent death or bodily injury to oneself or another.

DHS 95.06(1)(c)1.b. b. Prevent unlawful damage to property that may result in death or bodily injury to oneself or another.

DHS 95.06(1)(c)1.c. c. Regain control of a facility or part of a facility when less forceful means of regaining control are unsuccessful or not feasible under the circumstances.

DHS 95.06(1)(c)1.d. d. Prevent escape or apprehend an escapee.

DHS 95.06(1)(c)2. 2. Staff may not use lethal force if its use creates a substantial danger of harm to non-involved third parties, unless the danger created by not using such force is greater than the danger created by using it.

DHS 95.06(1)(d) (d) Other uses of force prohibited. Force may not be used except as provided in this chapter and under policies and procedures adopted in accordance with this chapter. Force may never be used as a means of disciplining patients.

DHS 95.06(2) (2) Firearms.

DHS 95.06(2)(a) (a) Authority to carry firearms.

DHS 95.06(2)(a)1. 1. Only staff designated by the director or that person’s designee may authorize use of firearms.

DHS 95.06(2)(a)2. 2. Except in disturbances or emergencies only staff assigned to posts requiring the use of firearms may be armed.

DHS 95.06(2)(a)3. 3. Staff may only carry or use firearms approved and issued by the department and only after successfully completing the training program under s. DHS 95.08.

DHS 95.06(2)(a)4. 4. Only staff authorized by the director may in the course of their duties carry firearms off the grounds of the facility.

DHS 95.06(2)(b) (b) Reporting discharged firearm. If a staff member discharges a firearm, staff shall do all of the following:

DHS 95.06(2)(b)1. 1. The staff member who discharged the firearm shall verbally notify the staff member’s supervisor as soon as possible.

DHS 95.06(2)(b)2. 2. As soon as possible after the discharge of the firearm, each staff member present during the incident shall write and submit a written report about the incident on a form approved by the director.

DHS 95.06(2)(b)3. 3. The security director shall investigate the incident and submit a report to the director. The report shall state all facts relevant to the discharge of the firearm and shall include copies of all reports written by staff members present during the incident and the security director’s opinion as to whether the discharge was justified and occurred in accordance with facility policies and procedures and this chapter. The director shall send to the administrator the security director’s report, along with the director’s conclusion regarding whether the discharge was consistent with this chapter.

DHS 95.06(2)(c) (c) Death or injury caused by firearm.

DHS 95.06(2)(c)1. 1. If a person is injured or killed by the discharge of a firearm, the department shall convene a firearm review panel to investigate the incident. The panel shall consist of 5 persons selected as follows:

DHS 95.06(2)(c)1.a. a. Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff. The department staff member designated by the secretary shall serve as chairperson.

DHS 95.06(2)(c)1.b. b. Two members designated by the administrator, one of whom shall be a member of central office staff and one of whom shall be a member of the public.

DHS 95.06(2)(c)1.c. c. One member designated by the director of the facility, center or unit where the incident occurred, who is a member of the institution staff.

DHS 95.06(2)(c)2. 2. The panel shall submit a written report to the secretary. The report shall include a description of the incident and the panel’s conclusion regarding whether the use of force complied with the policies and procedures adopted under this chapter.

DHS 95.06(4) (4) Hostages. Notwithstanding any other provision of this section, a staff member taken hostage has no authority to order use of force or any other action or inaction by staff.

DHS 95.06 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. (1) (b) (intro.) and (3) (d) Register March 2003 No. 567, eff. 4-1-03; CR 18-066: am. (1) (title), (a), r. (3) Register March 2020 No. 771, eff. 4-1-20.

DHS 95.07 DHS 95.07 Documentation. The director shall adopt written policies and procedures to ensure that all uses of force are documented in a manner approved by the department.

DHS 95.07 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02.

DHS 95.08 DHS 95.08 Training.

DHS 95.08(1) (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 intervention options model of force policies and procedures adopted under s. DHS 95.06 (1) (a).

DHS 95.08(2) (2) Staff authorized to use firearms under s. DHS 95.06 (1) (c) and (2) shall attend a department-approved training and qualification program that includes instruction on all of the following:

DHS 95.08(2)(a) (a) Safe handling of firearms while on duty.

DHS 95.08(2)(b) (b) Legal use of firearms and the use of lethal force.

DHS 95.08(2)(c) (c) Facility policies and procedures regarding firearms.

DHS 95.08(2)(d) (d) Fundamentals of firearms use, including range firing.

DHS 95.08(2)(e) (e) In situations where firearms may be used, the manner in which they must be used, including the use of verbal warnings and warning shots.

DHS 95.08 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. (3) (b) Register March 2003 No. 567, eff. 4-1-03; CR 18-066: am. (1), r. (3) Register March 2020 No. 771, eff. 4-1-20.

subch. III of ch. DHS 95 Subchapter III — Other Custody and Control Issues

DHS 95.10 DHS 95.10 Escorted leaves for chapter 980 patients.

DHS 95.10(1) (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 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)(a) (a) To visit a dying or deceased relative under security conditions imposed by the facility director.

DHS 95.10(1)(b) (b) To receive medically necessary health services that are not available at the facility.

DHS 95.10(1)(c) (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, Stats., or a discharge plan.

DHS 95.10(2) (2) If the patient requests a visit under sub. (1) (a), the director shall base his or her decision upon consideration of all issues deemed pertinent by the director, including any of the following:

DHS 95.10(2)(a) (a) The degree of kinship between the patient and the person the patient is visiting.

DHS 95.10(2)(b) (b) The meaningfulness of the relationship between the patient and the person the patient is visiting.

DHS 95.10(2)(c) (c) The therapeutic interests of the patient.

DHS 95.10(2)(d) (d) The distance the patient would need to be transported.

DHS 95.10(2)(e) (e) The risks the patient poses to the community.

DHS 95.10(2)(f) (f) The recommendations of the patient’s treatment team and the security director.

DHS 95.10(3) (3) The director shall determine the maximum duration of escorted leave and may impose other conditions appropriate to the safety of the community, security of the facility, or therapeutic interests of the patient.

DHS 95.10 History History: CR 02-112: cr. Register March 2003 No. 567, eff. 4-1-03; CR 18-066: am. (1) (intro.), (c) Register March 2020 No. 771, eff. 4-1-20.