Chapter DOC 306

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.

DOC 306.08(6)(d) (d) The panel shall submit a written report to the secretary that includes the facts relevant to the incident and an opinion as to whether this chapter was complied with relating to the use of force.

DOC 306.08(7) (7) Only staff authorized by the warden may carry firearms off the institution premises.

DOC 306.08 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.09 DOC 306.09 Use of incapacitating agents.

DOC 306.09(1) (1) Definition. In this section “incapacitating agent” means any agent or device commercially manufactured and approved by the department for the purpose of temporary control of an inmate or area.

DOC 306.09(2) (2) Regulation. The use of an incapacitating agent is a form of non-deadly force and is regulated by this section.

DOC 306.09(3) (3) Authorization. Staff may use incapacitating agents in any of the following situations:

DOC 306.09(3)(a) (a) To prevent death or bodily injury to oneself or another.

DOC 306.09(3)(b) (b) To regain control of an institution or part of an institution.

DOC 306.09(3)(c) (c) To prevent escape or apprehend an escapee.

DOC 306.09(3)(d) (d) To change the location of an inmate.

DOC 306.09(3)(e) (e) To control a disruptive inmate.

DOC 306.09(3)(f) (f) To prevent unlawful damage to property.

DOC 306.09(3)(g) (g) To enforce a departmental rule, policy or procedure or an order of a staff member.

DOC 306.09(4) (4) Application. Only a staff member trained under sub. (5)may use an incapacitating agent.

DOC 306.09(5) (5) Training. The division shall provide an incapacitating agent training program that shall include instruction on the following:

DOC 306.09(5)(a) (a) Safe handling of incapacitating agents while on duty.

DOC 306.09(5)(b) (b) Legal use of incapacitating agents.

DOC 306.09(5)(c) (c) Division policies and procedures regarding incapacitating agents.

DOC 306.09(5)(d) (d) Fundamentals of use of incapacitating agents.

DOC 306.09(5)(e) (e) When incapacitating agents may and shall be used.

DOC 306.09(6) (6) Medical attention and clean-up. As soon as possible after an incapacitating agent has been used, staff shall provide exposed inmates an opportunity for any necessary hygienic needs and shall consult with medical staff who shall provide any appropriate medical care.

DOC 306.09(7) (7) Incident report. As soon as possible following the use of an incapacitating agent, staff shall write and submit incident reports to their supervisor describing:

DOC 306.09(7)(a) (a) The problem leading to the use of the incapacitating agent;

DOC 306.09(7)(b) (b) The steps taken prior to the use of the incapacitating agent;

DOC 306.09(7)(c) (c) Why those steps were inadequate;

DOC 306.09(7)(d) (d) Measures taken following the use of the chemical agent.

DOC 306.09 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.10 DOC 306.10 Use of mechanical restraints for transportation of inmates.

DOC 306.10(1) (1) Authorization. Staff members may use mechanical restraints if the warden determines that the use of mechanical restraints is necessary to protect the public, staff or other inmates or to maintain the security of the institution.