Chapter DOC 306

Ch. DOC 306 Note Note: Chapter HSS 306 was renumbered Chapter DOC 306 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April 1990, No. 412.

DOC 306.01 DOC 306.01 Applicability and purpose. Pursuant to authority vested in the department by ss. 301.02, 301.03 (2), 302.07 and 227.11 (2), Stats., the department adopts this chapter for purposes of establishing security standards and practices at state correctional institutions.

DOC 306.01 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.02 DOC 306.02 Definitions. In this chapter:

DOC 306.02(1) (1) “Administrator” means the administrator of the division or designee.

DOC 306.02(2) (2) “Authority” means the highest-ranking individual available in the institution, based on the written institution line of succession.

DOC 306.02(3) (3) “Bodily injury” means physical injury, illness, or any impairment of physical condition.

DOC 306.02(4) (4) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily injury to another.

DOC 306.02(5) (5) “Department” means the department of corrections.

DOC 306.02(6) (6) “Disciplinary hearing” means a hearing authorized under ch. DOC 303 for the disciplining of inmates accused of misconduct.

DOC 306.02(7) (7) “Disturbance” means any of the following:

DOC 306.02(7)(a) (a) An assault on any person by 2 or more inmates.

DOC 306.02(7)(b) (b) The taking of a hostage by an inmate.

DOC 306.02(7)(c) (c) The destruction of state property or the property of another by 2 or more inmates.

DOC 306.02(7)(d) (d) The refusal by 2 or more inmates, acting in concert, to comply with an order.

DOC 306.02(7)(e) (e) Any words or acts which incite or encourage inmates to do any of the above.

DOC 306.02(8) (8) “Division” means the division of adult institutions, department of corrections.

DOC 306.02(9) (9) Emergency” means an immediate threat to the safety of the public, staff or inmates of an institution, other than a disturbance. An emergency may include, but is not limited to the following:

DOC 306.02(9)(a) (a) A public health threat.

DOC 306.02(9)(b) (b) A utility malfunction.

DOC 306.02(9)(c) (c) A fire.

DOC 306.02(9)(d) (d) A bomb threat or explosion.

DOC 306.02(9)(e) (e) An employee job action.

DOC 306.02(9)(f) (f) Any natural disaster.

DOC 306.02(9)(g) (g) A civil disturbance.

DOC 306.02(9)(h) (h) Inmate escape.

DOC 306.02(10) (10) “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.

DOC 306.02(11) (11) “Great bodily injury” means bodily injury which creates a high probability of death, 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.

DOC 306.02(12) (12) “Institution” means a correctional institution, correctional facility, or center or a prison defined under intensive sanctions in ch. DOC 333 or a facility that the department contracts with for services to inmates.

DOC 306.02(13) (13) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to impede free movement of the inmate.

DOC 306.02(14) (14) “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.

DOC 306.02(15) (15) “Reasonably believes” means that the actor believes that a certain fact situation exists and such belief under the circumstances is reasonable.

DOC 306.02(16) (16) “Secretary” means the secretary of the department of corrections, or designee.

DOC 306.02(17) (17) “Security director” means the security director at an institution, or designee.

DOC 306.02(18) (18) “Warden” means the warden at an institution, or designee.

DOC 306.02 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.03 DOC 306.03 Security policy. Primary security objectives of the department are to protect the public, staff, and inmates and to afford inmates the opportunity to participate in correctional activities in a safe setting.

DOC 306.03 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.04 DOC 306.04 Responsibility of employees. Every employee of the department is responsible for the safe custody of the inmates confined in the institutions.

DOC 306.04 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.05 DOC 306.05 Protective confinement.

DOC 306.05(1) (1) The security director may place an inmate in protective confinement if one of the following exist:

DOC 306.05(1)(a) (a) The inmate requests the placement in writing.

DOC 306.05(1)(b) (b) The security director is satisfied that the placement is necessary for the safety and welfare of the inmate.

DOC 306.05(2) (2) An inmate shall remain in protective confinement unless the security director determines that the conditions which warranted protective confinement no longer exist and approves release.

DOC 306.05(3) (3) The department shall consider an inmate in protective confinement to be in maximum custody as defined in ch. DOC 302.

DOC 306.05(4) (4) 

DOC 306.05(4)(a) (a) Inmates in protective confinement shall have privileges and property at least equivalent to privileges and property allowed to inmates in disciplinary separation under s. DOC 303.73.

DOC 306.05(4)(b) (b) Additional privileges and property as determined by what is ordinarily allowed inmates by the rules governing the location of the unit in which the inmate is protectively confined.

DOC 306.05(5) (5) The security director shall review placements in protective confinement at least every 90 days.

DOC 306.05 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; CR 11-022: am. (4) (a) Register September 2014 No. 705, eff. 1-1-15.

DOC 306.06 DOC 306.06 Inmate count. Each warden shall establish and maintain a system to accurately account for all inmates in the warden’s custody at all times. The institution shall make a count of all inmates at least 4 times each day. The institution shall space these counts to minimize interference with school, work, program, and recreational activities.

DOC 306.06 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.07 DOC 306.07 Use of force.

DOC 306.07(1) (1) Corporal punishment of inmates is forbidden.

DOC 306.07(2) (2) Staff may use non-deadly force against inmates only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes:

DOC 306.07(2)(a) (a) To prevent death or bodily injury to oneself or another.

DOC 306.07(2)(b) (b) To regain control of an institution or part of an institution.

DOC 306.07(2)(c) (c) To prevent escape or apprehend an escapee.

DOC 306.07(2)(d) (d) To change the location of an inmate.

DOC 306.07(2)(e) (e) To control a disruptive inmate.

DOC 306.07(2)(f) (f) To prevent unlawful damage to property.

DOC 306.07(2)(g) (g) To enforce a departmental rule, a policy or procedure or an order of a staff member.

DOC 306.07(3) (3) The use of an incapacitating agent is a form of non-deadly force and is regulated by s. DOC 306.09.

DOC 306.07(4) (4) Staff may use deadly force only if the user of force reasonably believes it is immediately necessary for the purpose of stopping the action and achieving the following:

DOC 306.07(4)(a) (a) Preventing death or bodily injury to oneself or another.

DOC 306.07(4)(b) (b) Preventing unlawful damage to property that may result in death or bodily injury to oneself or another.

DOC 306.07(4)(c) (c) Regaining control of an institution or part of an institution.

DOC 306.07(4)(d) (d) Preventing escape or apprehend an escapee.

DOC 306.07(5) (5) Staff may not use deadly force 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.

DOC 306.07 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.08 DOC 306.08 Use of firearms.

DOC 306.08(1) (1) In this section, “issuance of firearms” means the deployment of firearms to authorized individuals, as determined by the warden, beyond designated armed posts in response to an emergency or disturbance.

DOC 306.08(2) (2) Only the warden or authority who is available may issue firearms to staff.

DOC 306.08(3) (3) Except in disturbances or emergencies, only staff assigned to posts requiring the use of firearms shall possess a firearm.

DOC 306.08(4) (4) Staff may only use firearms approved by the department and only after successfully completing the training program in sub. (5).

DOC 306.08(5) (5) The division shall provide an annual firearms training and qualification program which shall include instruction on the following:

DOC 306.08(5)(a) (a) Safe handling of firearms while on duty.

DOC 306.08(5)(b) (b) Legal use of firearms and the use of deadly force.

DOC 306.08(5)(c) (c) Division policies and procedures regarding firearms.

DOC 306.08(5)(d) (d) Fundamentals of firearms use, including range firing.

DOC 306.08(5)(e) (e) When firearms may and shall be used, including the use of verbal warnings and warning shots.

DOC 306.08(6) (6) If a staff member discharges a firearm pursuant to s. DOC 306.07 (4), either accidentally or intentionally, the following procedure shall be followed:

DOC 306.08(6)(a) (a) The staff member who discharged the firearms shall notify his or her supervisor as soon as possible and shall write and submit an incident report.

DOC 306.08(6)(b) (b) A supervisor shall investigate the incident and submit a report to the warden. The supervisor shall state in the report all facts relevant to the discharge of the firearm and shall include the supervisor’s opinion as to whether the discharge was justified and occurred in accordance with this chapter. The warden shall send the reports required by par. (a) and this paragraph and the warden’s conclusions as to the justification for the discharge and whether it was in accordance with these rules to the administrator.

DOC 306.08(6)(c) (c) 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:

DOC 306.08(6)(c)1. 1. 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 who shall serve as chairperson.

DOC 306.08(6)(c)2. 2. Two members designated by the administrator, one of whom shall be a member of the central office staff and one of whom shall be a member of the public.

DOC 306.08(6)(c)3. 3. One member designated by the warden of the institution where the incident occurred, who is a member of the institution staff.