Chapter DOC 306

DOC 306.18(5) (5) The staff member shall write a report if the visitor refuses to submit to a search or if the search is conducted, and shall submit the report to the security director, with a copy to the warden and the administrator. The report shall include:

DOC 306.18(5)(a) (a) The identity of the staff member and the person who approved the search;

DOC 306.18(5)(b) (b) The identity of the visitor and the inmate being visited;

DOC 306.18(5)(c) (c) The date and time of the search or proposed search;

DOC 306.18(5)(d) (d) The reason for the request to permit a search which shall include the basis for the belief that unauthorized objects were concealed by the visitor; and

DOC 306.18(5)(e) (e) Whether unauthorized objects were seized pursuant to the search and their description.

DOC 306.18(6) (6) Before an inspection or search is conducted pursuant to subs. (3) and (4) staff shall inform the visitor orally and in writing, either by a sign posted in a prominent place or on a notice, that the visitor need not permit the inspection or search and that if the visitor does not permit it, staff shall not admit the visitor to the institution at that time.

DOC 306.18(7) (7) If in an inspection pursuant to sub. (3) or a search under sub. (4) staff finds an unauthorized object, staff may deny the visitor the visit to the institution on the occasion, may suspend the visitor from further visits to the institution, or may allow the visit without the object.

DOC 306.18(8) (8) If the institution finds an unauthorized object pursuant to a search under this section, and it is illegal to conceal or possess the object, the warden shall inform a law enforcement agency and turn the object over to the law enforcement agency for referral to the district attorney pursuant to ss. 302.04 and 302.07, Stats. and deny the visit. If the institution determines that the visitor appears to be under the influence of an intoxicating substance, the warden shall deny the visit, may detain the visitor, and may inform a law enforcement agency.

DOC 306.18(9) (9) Staff shall conduct all inspections and searches in a courteous manner. Staff shall strive to protect the dignity of visitors who are inspected or searched pursuant to this section.

DOC 306.18 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.19 DOC 306.19 Search of staff.

DOC 306.19(1) (1) The warden may require that a staff member be searched while on the grounds of an institution or require that a staff member’s car be searched while on institution grounds. The institution may conduct such a search by requiring the staff members to empty pockets and containers and submit themselves and objects they carry into the institution to inspection by a device designed to detect metal or other unauthorized objects, a personal search, or a strip search, as defined under s. DOC 306.17 (1) and (2). Before a strip search of a staff member or the search of a staff members’ vehicle is conducted, the warden and the administrator shall approve the search. They shall approve the search only if there are reasonable grounds to believe the staff member is concealing an unauthorized object. The institution shall not admit a staff member who refuses to submit to a search into the institution or may remove such a staff member from the institution and may subject the staff member to disciplinary action.

DOC 306.19(2) (2) If an unauthorized object is found pursuant to a search conducted under this section and it is illegal to conceal or possess the object, the warden may detain the staff member pursuant to ss. 302.04 and 302.07, Stats., and shall inform a law enforcement agency and turn the object over to the sheriff or law enforcement agency for referral to the district attorney. If the warden determines that the staff member appears to be under the influence of an intoxicating substance, the warden may detain the staff member and may inform a law enforcement agency.

DOC 306.19(3) (3) Staff shall conduct all searches in a courteous manner. Staff shall strive to protect the dignity of staff who are inspected or searched.

DOC 306.19(4) (4) Each institution shall inform staff in writing what objects they may not carry into the institution.

DOC 306.19(5) (5) If a strip search is conducted pursuant to this section, the staff member conducting the search shall write and submit a report to the security director. The security director shall provide a copy of the report to the warden and the administrator.

DOC 306.19 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.20 DOC 306.20 Use of contraband as evidence at disciplinary hearing. Contraband that is seized during a search under this chapter may be used as evidence by the institution at a disciplinary hearing conducted under ch. DOC 303.

DOC 306.20 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.21 DOC 306.21 Use of test results as evidence at disciplinary hearings. Subject to the confirmation required under s. DOC 303.60 (2), the institution may use results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances as evidence at a disciplinary hearing conducted pursuant to ch. DOC 303.

DOC 306.21 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.

DOC 306.22 DOC 306.22 Emergency.

DOC 306.22(1) (1) If an emergency occurs that prevents the normal functioning of the institution, the warden may suspend the administrative rules of the department or any parts of them, excepts ss. DOC 306.07 to 306.09, until the emergency is ended and order is restored to the institution.

DOC 306.22(2) (2) If an emergency occurs, the secretary may convene an emergency review panel to investigate the emergency. The panel shall be made up of persons selected in accordance with s. DOC 306.08 (5) (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 an emergency. The department shall provide the panel with staff adequate to conduct a thorough investigation of the emergency.

DOC 306.22 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.23 DOC 306.23 Disturbance.

DOC 306.23(1) (1) If a disturbance occurs that prevents the normal functioning of the institution, the warden may suspend the administrative rules of the department or any parts of them, except ss. DOC 306.07 to 306.09, until the disturbance is ended and order is restored to the institution. The warden shall make provisions for access to medical care.

DOC 306.23(2) (2) If a disturbance occurs and a person is injured and if it results in the suspension of these rules, the secretary may convene a disturbance review panel to investigate the disturbance. The secretary shall appoint the panel in accordance with s. DOC 306.08 (5) (d) and 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 a disturbance. The department shall provide the panel with staff adequate to conduct a thorough investigation of the disturbance.

DOC 306.23(3) (3) A staff member taken hostage has no authority to order any action or inaction by staff.

DOC 306.23 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.24 DOC 306.24 Emergency preparedness plan.

DOC 306.24(1) (1) The warden shall ensure that the institution has a written emergency preparedness plan for disturbances and emergencies and that a copy of the plan is filed with the administrator and implemented in a disturbance or an emergency.

DOC 306.24(2) (2) The purposes of the written emergency preparedness plan for disturbances and emergencies shall be:

DOC 306.24(2)(a) (a) To ensure the safety and welfare of the general public, staff, and inmates.

DOC 306.24(2)(b) (b) To protect property.

DOC 306.24(2)(c) (c) To maintain and restore order to the institution.

DOC 306.24(2)(d) (d) To identify any person who participated in the disturbance, to provide for disciplinary action to be taken according to these rules, and to provide relevant information to a law enforcement agency so that participants can be arrested and prosecuted.

DOC 306.24(2)(e) (e) To identify any person who contributed to the creation of an emergency and to provide this information to a law enforcement agency for the person’s arrest and prosecution.

DOC 306.24(3) (3) The plan shall give the highest priority to insuring the safety and welfare of the general public, staff, and inmates.

DOC 306.24 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.