Chapter DHS 98

DHS 98.17(3) (3) “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. It includes the use of mechanical and physical power or strength.

DHS 98.17(4) (4) “Great bodily injury” means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ.

DHS 98.17(5) (5) “Non-deadly force” means force which the user reasonably believes will not create a substantial risk of causing death or great bodily injury to another.

DHS 98.17(6) (6) “Reasonably believes” means that the actor believes that a certain fact situation exists and such belief under the circumstances is reasonable even though it may be erroneous.

DHS 98.17 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.18 DHS 98.18 Use of force.

DHS 98.18(1) (1) Whenever feasible, field staff shall rely on law enforcement authorities to exercise force against clients when force is necessary. When that assistance is not practical, field staff may use force subject to this section. Only so much force may be used as is reasonably necessary to achieve the objective for which it is used.

DHS 98.18(2) (2) Corporal punishment of clients is forbidden. This prohibition allows no exceptions and applies to public and private programs.

DHS 98.18(3) (3) Non-deadly force may be used by field staff against clients only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes:

DHS 98.18(3)(a) (a) To prevent death or bodily injury to oneself or another;

DHS 98.18(3)(b) (b) To prevent unlawful damage to property that may result in death or bodily injury to oneself or another;

DHS 98.18(3)(c) (c) To prevent a client from fleeing the control of a field staff member;

DHS 98.18(3)(d) (d) To change the location of a client; or

DHS 98.18(3)(e) (e) To prevent unlawful damage to property.

DHS 98.18(4) (4) Non-deadly force may be used to apprehend a client or take a client into custody only in the following manner:

DHS 98.18(4)(a) (a) Staff should exhaust all efforts to persuade clients to voluntarily be taken into the custody of field staff prior to using force;

DHS 98.18(4)(b) (b) If the client refuses to voluntarily be taken into custody, staff may exercise minimal physical force necessary to apprehend the client. Minimal force should be exercised in the following way:

DHS 98.18(4)(b)1. 1. If possible, staff should not attempt to physically handle the client until sufficient staff are present to evidence a show of force;

DHS 98.18(4)(b)2. 2. The client should again be asked to voluntarily be taken into custody;

DHS 98.18(4)(b)3. 3. If the client refuses to voluntarily be taken into custody, the client may be firmly grasped by one or more staff; and

DHS 98.18(4)(b)4. 4. The client shall then be handcuffed behind his or her back or restrained by other appropriate methods;

DHS 98.18(4)(c) (c) After use of force, the client and staff should be checked for injury and treated by a physician if necessary. If injury resulted, the regional chief shall be notified and a summary report shall be submitted to the regional chief and the administrator of the division of care and treatment facilities detailing the cause and extent of the injury and the treatment provided for it; and

DHS 98.18(4)(d) (d) If force is used, a written report describing the incident including the names of all people who observed the exercise of force shall be submitted to the regional chief and the administrator of the division of care and treatment facilities, and shall be included in the client’s record.

DHS 98.18(5) (5) Deadly force may not be used by field staff against clients except to prevent death or great bodily injury to oneself or another.

DHS 98.18(6) (6) Deadly force may not be used by field staff if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

DHS 98.18(7) (7) The use of excessive force is forbidden. “Excessive force”means force greater than what is reasonably necessary to achieve the objective for which it is used.

DHS 98.18(8) (8) In an emergency, field staff may be used at an institution. In those circumstances, staff shall abide by the use of force rules under ch. DOC 306.

DHS 98.18 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.19 DHS 98.19 Mechanical restraints.

DHS 98.19(1) (1) Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints. These may be used to restrain and transport a client, but only in accordance with this section.

DHS 98.19(2) (2) Mechanical restraints may only be used in the following circumstances:

DHS 98.19(2)(a) (a) To protect staff or others from a client who poses an immediate risk of flight or physical injury to others, unless restrained;

DHS 98.19(2)(b) (b) To protect a client who poses an immediate threat of physical injury to himself or herself, unless restrained;

DHS 98.19(2)(c) (c) When taking a client into custody; or

DHS 98.19(2)(d) (d) To transport a client.

DHS 98.19(3) (3) Mechanical restraints shall never be used:

DHS 98.19(3)(a) (a) As a method of punishment;

DHS 98.19(3)(b) (b) About the head or neck of the client;

DHS 98.19(3)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the client; or

DHS 98.19(3)(d) (d) To restrain a client to a moving vehicle.

DHS 98.19(4) (4) When a client is placed in restraints, a staff member shall transport the client to a detention facility, a mental health or medical facility, or to the appropriate law enforcement authorities.

DHS 98.19(5) (5) A staff member shall observe a client in restraints at least once every 15 minutes until the restraints are removed, or the client is admitted to a detention facility, mental health facility, or medical facility.

DHS 98.19(6) (6) If feasible, a client should be released from restraints to perform bodily functions and for meals.

DHS 98.19(7) (7) Except when restraints are used to take a client into custody or transport a client, a report shall be maintained in the client’s record of each time the client is placed in restraints. It shall include:

DHS 98.19(7)(a) (a) The client’s full name, number, and the date the client was placed in restraints;

DHS 98.19(7)(b) (b) The name of the staff member who placed the client in restraints;

DHS 98.19(7)(c) (c) The reason for placing the client in restraints; and

DHS 98.19(7)(d) (d) A statement indicating when, and under what circumstances, the restraints were removed.

DHS 98.19(8) (8) Field staff shall have access to mechanical restraining devices which shall be periodically examined. Any excessively worn or defective restraining devices shall be removed from the supply. Only commercially manufactured restraining devices may be used.

DHS 98.19 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.20 DHS 98.20 Chemical agents and firearms.

DHS 98.20(1) (1) Chemical agents shall not be used by field staff against clients.

DHS 98.20(2) (2) Field staff shall not carry firearms or other weapons during their working hours.

DHS 98.20 History History: Cr. Register, July, 1992, No. 439, eff. 8-1-92.

DHS 98.21 DHS 98.21 Search and seizure.

DHS 98.21(1) (1) General policy. A search of a client or the client’s living quarters or property may be made at any time, but only in accordance with this section.

DHS 98.21(2) (2) Personal search.

DHS 98.21(2)(a) (a) In this subsection, “personal search” means a search of a client’s person, including but not limited to the client’s pockets, frisking the client’s body, an examination of the client’s shoes and hat, and a visual inspection of the client’s mouth.

DHS 98.21(2)(b) (b) A personal search of a client may be conducted by any field staff member under one or more of the following circumstances:

DHS 98.21(2)(b)1. 1. If the staff member has reasonable grounds to believe that the client possesses contraband;

DHS 98.21(2)(b)2. 2. At the direction of a supervisor;

DHS 98.21(2)(b)3. 3. Before a client enters and after a client leaves the security enclosure of a correctional institution, jail or detention facility; or

DHS 98.21(2)(b)4. 4. When a client is taken into custody.

DHS 98.21(2)(c) (c) A written report of every personal search shall be prepared by the staff member who conducted the search and shall be filed in the client’s case record.

DHS 98.21(3) (3) Search of living quarters or property.

DHS 98.21(3)(a) (a) A search of a client’s living quarters or property may be conducted by field staff if there are reasonable grounds to believe that the quarters or property contain contraband. Approval of the supervisor shall be obtained unless exigent circumstances, such as suspicion the client will destroy contraband or use a weapon, require search without approval.

DHS 98.21(3)(b) (b) There shall be a written record of all searches of a client’s living quarters or property. This record shall be prepared by the staff member who conducted the search and shall be filed with the agent’s supervisor. If the search was conducted without the supervisor’s approval because of exigent circumstances, a report stating what the exigent circumstances were shall be made part of the record and shall be filed with the supervisor within 48 hours of the search. The report shall state:

DHS 98.21(3)(b)1. 1. The identity of the client whose living quarters or property was searched;

DHS 98.21(3)(b)2. 2. The identity of the staff member who conducted the search and the supervisor, if any, who approved it;

DHS 98.21(3)(b)3. 3. The date, time, and place of the search;

DHS 98.21(3)(b)4. 4. The reason for conducting the search. If the search was a random one, the report shall state this;

DHS 98.21(3)(b)5. 5. Any items seized pursuant to the search; and

DHS 98.21(3)(b)6. 6. Whether any damage was done to the premises or property during the search.

DHS 98.21(3)(c) (c) If any items are damaged pursuant to the search of a client’s living quarters or property, the agent shall document the damage in the case record, inform his or her supervisor and inform the client.

DHS 98.21(3)(d) (d) In conducting searches, field staff may not disturb the effects of the client more than is necessary for thoroughness.

DHS 98.21(3)(e) (e) During searches, staff may not read any legal materials, any communication between the client and an attorney or any materials prepared in anticipation of a lawsuit. Staff are not prohibited from reading business records.

DHS 98.21(3)(f) (f) The agent may not forcibly enter a locked premises to conduct a search if the premises are the living quarters or property of a client and the client is not present.

DHS 98.21(4) (4) Respect for the client. Field staff shall strive to preserve the dignity of clients in all searches conducted under this section.

DHS 98.21(5) (5) Informing the client. Whenever feasible before a search is conducted under this section, the client shall be informed that a search is about to occur, why and how the search will be conducted and the place where the search is to occur.

DHS 98.21(6) (6) Contraband. In deciding whether there are reasonable grounds to believe that a client possesses contraband as defined in s. DHS 98.16 (1), or that a client’s living quarters or property contain contraband, a staff member shall consider:

DHS 98.21(6)(a) (a) The observations of staff members;

DHS 98.21(6)(b) (b) Information provided by informants;

DHS 98.21(6)(c) (c) The reliability of the information relied on. In evaluating reliability, attention shall be given to whether the information is detailed and consistent and whether it is corroborated;

DHS 98.21(6)(d) (d) The reliability of the informant. In evaluating reliability, attention shall be given to whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information;

DHS 98.21(6)(e) (e) The activity of the client that relates to whether the client might possess contraband;

DHS 98.21(6)(f) (f) Information provided by the client that is relevant to whether the client possesses contraband;

DHS 98.21(6)(g) (g) The experience of a staff member with that client or in a similar circumstance;

DHS 98.21(6)(h) (h) Prior seizures of contraband from the client; and

DHS 98.21(6)(i) (i) The need to verify compliance with rules of supervision and state and federal law.