Chapter DOC 306

DOC 306.11(2) (2) Staff may not use mechanical restraints:

DOC 306.11(2)(a) (a) As a method of punishment.

DOC 306.11(2)(b) (b) In a way that causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the inmate.

DOC 306.11(3) (3) When staff places an inmate in a mechanical restraint, staff shall follow all of the following procedures:

DOC 306.11(3)(a) (a) The shift supervisor shall notify the licensed psychologist or designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff. They shall interview the inmate and arrange for a physical and mental examination as soon as possible. They shall make recommendations to the warden concerning the inmate’s continued placement in restraints. The warden shall evaluate the recommendations and decide if the inmate shall remain in restraints.

DOC 306.11(3)(b) (b) A staff member shall observe an inmate in restraints every 15 minutes.

DOC 306.11(3)(c) (c) If possible, staff may release an inmate from restraints to perform bodily functions and for meals. Three staff members, one of whom shall be a security supervisor, shall be present at the time of release.

DOC 306.11(3)(d) (d) The institution shall keep a record of inmates placed in restraints and it shall include:

DOC 306.11(3)(d)1. 1. The inmate’s full name, number, and date;

DOC 306.11(3)(d)2. 2. The names of the staff members and supervisor present when the inmate was placed in restraints;

DOC 306.11(3)(d)3. 3. The reasons for placing the inmate in restraints;

DOC 306.11(3)(d)4. 4. The times that the inmate was checked, the name of the person making the check, and comments on the individual’s behavior while in restraints;

DOC 306.11(3)(d)5. 5. The times the inmate was placed in restraints and removed; medication given; and

DOC 306.11(3)(d)6. 6. The names of staff visitors, the times of their visits, and any written comments they make.

DOC 306.11(3)(e) (e) The warden shall not allow an inmate to remain in restraints for longer than 12 hours, unless the inmate is examined by a licensed psychologist or a designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff who shall make a recommendation to the warden concerning the inmate’s continued placement in restraints. The institution shall conduct such an examination at least every 12 hours an inmate is in restraints. The warden shall notify the administrator of the decision to continue the use of restraints beyond 12 hours.

DOC 306.11(4) (4) The security director shall maintain a supply of restraining devices which staff shall periodically examine.

DOC 306.11 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.12 DOC 306.12 Duty of staff regarding escapes. Staff shall take actions to prevent the escape of any inmate.

DOC 306.12 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.13 DOC 306.13 Escapes.

DOC 306.13(1) (1) Each institution shall have a written plan to be implemented if an escape occurs or is attempted. The security director shall prepare this plan and shall review and update the plan yearly. A copy of the plan shall be filed with the administrator.

DOC 306.13(2) (2) As soon as possible following an escape, staff shall write and submit incident reports including:

DOC 306.13(2)(a) (a) The method of escape;

DOC 306.13(2)(b) (b) Who was involved in the escape;

DOC 306.13(2)(c) (c) A description of the escapee, including clothing worn;

DOC 306.13(2)(d) (d) Action taken by the institution, including procedures initiated;

DOC 306.13(2)(e) (e) Factors which may have contributed to the escape; and

DOC 306.13(2)(f) (f) The identification of persons who may have information about the escape.

DOC 306.13(3) (3) If a staff member is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by staff. Staff shall disregard any orders issued by a hostage.

DOC 306.13(4) (4) The institution shall coordinate the pursuit of escapees with law enforcement authorities.

DOC 306.13 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.14 DOC 306.14 Search of institution premises. A staff member may conduct a search of any area on the premises of a correctional institution.

DOC 306.14 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.15 DOC 306.15 Periodic search of entire institution. Warden may suspend or modify institution operations and authorize a search of all or part of institution premises.

DOC 306.15 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.16 DOC 306.16 Search of inmate living quarters.

DOC 306.16(1) (1) Staff may conduct a search of the living quarters of any inmate at any time. Entry into the living quarters of an inmate by a staff member to retrieve state property does not constitute a search of the living quarters of an inmate.

DOC 306.16(2) (2) The institution shall maintain a written record of all searches conducted under sub. (1), which shall include:

DOC 306.16(2)(a) (a) The identity of the staff member who conducted the search;

DOC 306.16(2)(b) (b) The date and time of the search;

DOC 306.16(2)(c) (c) The identity of the inmate whose living quarters were searched;

DOC 306.16(2)(d) (d) The reason for conducting the search. If the search was a random one, the report shall so state;

DOC 306.16(2)(e) (e) Any objects which were seized pursuant to the search; and

DOC 306.16(2)(f) (f) Whether any damage was done to the premises during the search.

DOC 306.16(3) (3) If staff seize any property or damage any property pursuant to the search of an inmate’s living quarters, staff shall identify the property to the inmate in writing. The institution shall reimburse the inmate for damage to any property that is not contraband. The institution shall value any property which is damaged at its fair market value, not replacement cost.

DOC 306.16(4) (4) In conducting searches under this section, staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

DOC 306.16(5) (5) Staff shall read only that part of the inmate’s legal materials as necessary to determine that the item is legal material and does not contain contraband.

DOC 306.16 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.17 DOC 306.17 Search of inmates.

DOC 306.17(1) (1) Personal search.

DOC 306.17(1)(a) (a) In this subsection, “personal search” means a search of a person, including, but not limited to, the clothing, frisking the body, and an inspection of the mouth.

DOC 306.17(1)(b) (b) Any staff member may conduct a personal search of an inmate under any of the following circumstances:

DOC 306.17(1)(b)1. 1. If the staff member has reasonable grounds to believe that the inmate possesses contraband.

DOC 306.17(1)(b)2. 2. At the direction of a supervisor either verbally or in written job instructions, post orders, or policies and procedures.

DOC 306.17(1)(b)3. 3. Before an inmate enters or leaves the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.

DOC 306.17(1)(b)4. 4. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.

DOC 306.17(1)(b)5. 5. Before and after a visit to an inmate or as part of a periodic search or lockdown of a housing unit.

DOC 306.17(2) (2) Strip search.

DOC 306.17(2)(a) (a) In this subsection, “strip search” means a search in which the person is required to remove all clothes.

DOC 306.17(2)(b) (b) Permissible inspection pursuant to a strip search includes examination of the inmate’s clothing and body and visual inspection of body cavities. Staff shall conduct a strip search in a clean and private place. Any staff member may conduct a visual inspection of body cavities. Except in emergencies, a person of the same sex as the inmate being searched shall conduct the strip search.

DOC 306.17(2)(c) (c) Staff may conduct a strip search of an inmate under any of the following circumstances:

DOC 306.17(2)(c)1. 1. Before an inmate leaves or enters the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.

DOC 306.17(2)(c)2. 2. Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.

DOC 306.17(2)(c)3. 3. Before and after a visit under ch. DOC 309.

DOC 306.17(2)(c)4. 4. As part of a periodic search and lockdown of an institution under s. DOC 306.15.

DOC 306.17(2)(c)5. 5. At the direction of a supervisor.

DOC 306.17(3) (3) Body cavity search.

DOC 306.17(3)(a) (a) In this subsection, “body cavity search” means an x-ray, or a strip search in which body cavities are inspected by the entry of an object or fingers into body cavities.

DOC 306.17(3)(b) (b) Medical staff shall conduct body cavity searches. Medical staff may conduct a body cavity search only if the warden approves. The warden shall approve if there is probable cause to believe that contraband is hidden in a body cavity.

DOC 306.17(4) (4) Body contents search.

DOC 306.17(4)(a) (a) In this subsection, “body contents search” means a search in which the inmate is required to provide a biological specimen, including, but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, or semen for analysis.

DOC 306.17(4)(b) (b) Only assigned staff may obtain samples as part of a body contents search.

DOC 306.17(4)(c) (c) Staff may conduct a body contents search only under one of the following conditions and only after approval by the warden:

DOC 306.17(4)(c)1. 1. Security reasons.

DOC 306.17(4)(c)2. 2. Program reasons.

DOC 306.17(4)(c)3. 3. Investigation purposes.

DOC 306.17(4)(c)4. 4. As part of a random testing program.

DOC 306.17(4)(c)5. 5. As required by a court for deoxyribonucleic acid or DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

DOC 306.17(5) (5) Staff conduct.

DOC 306.17(5)(a) (a) Staff shall strive to preserve the dignity of inmates in all searches conducted under this section.

DOC 306.17(5)(b) (b) Before a search is conducted pursuant to this section, staff shall inform the inmate that a search is about to occur, the nature of the search, and the place where the search is to occur.

DOC 306.17(6) (6) Incident report. Staff shall write and submit to the security director an incident report or log entry following all strip searches under sub. (2) (c) 4., of all body cavity searches under sub. (3), of all body contents searches under sub. (4) and of all searches in which contraband is found. The report or entry shall include:

DOC 306.17(6)(a) (a) The identity of the staff member who conducted the search;

DOC 306.17(6)(b) (b) The date and time of the search;

DOC 306.17(6)(c) (c) The identity of the inmate searched;

DOC 306.17(6)(d) (d) The reason for the search. If the search was a random search, the report shall so state;

DOC 306.17(6)(e) (e) Any objects seized pursuant to the search; and

DOC 306.17(6)(f) (f) The identities of other staff members present when the search was conducted.

DOC 306.17 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.