Chapter DOC 327

DOC 327.16 Note Note: Visits between related inmates are no longer permitted under ch. DOC 309.

DOC 327.16 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (6) (c) 2., made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 11-022: am. (6) (c) 4., (d) Register September 2014 No. 705, eff. 1-1-15.

DOC 327.17 DOC 327.17 Use of force. The use of force on inmates in CRC placements shall comply with s. DOC 306.07, modified as follows:

DOC 327.17(1) (1) In addition to the conditions for use of non-deadly force under s. DOC 306.07 (2), non-deadly force may be used by correctional staff against a CRC inmate if the user of force reasonably believes it is necessary to prevent the inmate from fleeing the control of the correctional staff member;

DOC 327.17(2) (2) Deadly force may not be used by CRC staff against a CRC inmate except to prevent death or great bodily injury to oneself or another; and

DOC 327.17(3) (3) If the CRC inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.

DOC 327.17 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 327.18 DOC 327.18 Mechanical restraints.

DOC 327.18(1) (1) This section regulates the use of mechanical restraints on inmates in CRC placements.

DOC 327.18(2) (2) Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints.

DOC 327.18(3) (3) Mechanical restraints may be used only in the following circumstances:

DOC 327.18(3)(a) (a) To protect staff or others from a CRC inmate who poses an immediate risk of flight or physical injury to others unless restrained;

DOC 327.18(3)(b) (b) To protect a CRC inmate who poses an immediate threat of physical injury to himself or herself unless restrained;

DOC 327.18(3)(c) (c) When taking a CRC inmate into custody; or

DOC 327.18(3)(d) (d) To transport a CRC inmate.

DOC 327.18(4) (4) Mechanical restraints may not be used:

DOC 327.18(4)(a) (a) As a method of punishment;

DOC 327.18(4)(b) (b) About the head or neck of an inmate;

DOC 327.18(4)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate; or

DOC 327.18(4)(d) (d) To restrain an inmate to a moving vehicle.

DOC 327.18(5) (5) A staff member shall observe a CRC inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

DOC 327.18(6) (6) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

DOC 327.18(7) (7) Except when restraints are used to take a CRC inmate into custody or to transport an inmate, a record shall be kept of each time the inmate is placed in restraints. The record shall include:

DOC 327.18(7)(a) (a) The inmate’s full name, number, and the date and time the inmate was placed in restraints;

DOC 327.18(7)(b) (b) The name of the staff member who placed the inmate in restraints;

DOC 327.18(7)(c) (c) The reason for placing the inmate in restraints; and

DOC 327.18(7)(d) (d) A statement indicating when and under what circumstances the restraints were removed.

DOC 327.18(8) (8) CRC staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

DOC 327.18(9) (9) If the CRC inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

DOC 327.18 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.19 DOC 327.19 Chemical agents and firearms.

DOC 327.19(1) (1) Chemical agents may not be used by CRC staff against CRC inmates.

DOC 327.19(2) (2) CRC staff may not carry firearms or other weapons during their working hours.

DOC 327.19 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.20 DOC 327.20 Escapes.

DOC 327.20(1) (1) Plan. The superintendent shall have a written plan to be implemented if an escape occurs from a CRC placement. The plan shall be developed by the superintendent who shall review and update it annually. A copy of the plan shall be filed with the administrator. The plan shall provide for the following:

DOC 327.20(1)(a) (a) If CRC staff believe that an inmate may have escaped because the inmate has left an assigned area, the inmate does not return to the CRC residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or because CRC staff have received other relevant information, CRC staff shall attempt to contact the inmate.

DOC 327.20(1)(b) (b) If CRC staff believe the inmate has escaped or if an inmate is 4 or more hours late returning to the CRC residence without authorization from appropriate CRC staff, CRC staff shall place an apprehension request on the inmate;

DOC 327.20(1)(c) (c) After an apprehension request has been placed on an inmate, the escape shall be reported orally and in writing to the superintendent and the administrator;

DOC 327.20(1)(d) (d) The escape shall be reported to law enforcement officials; and

DOC 327.20(1)(e) (e) The administrator and law enforcement agencies shall be notified by CRC staff when an inmate who has escaped is apprehended.

DOC 327.20(2) (2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known:

DOC 327.20(2)(a) (a) The method of escape;

DOC 327.20(2)(b) (b) Who was involved in the escape;

DOC 327.20(2)(c) (c) A description of the escapee, including clothing worn;

DOC 327.20(2)(d) (d) Action taken by the institution;

DOC 327.20(2)(e) (e) A brief evaluation of the factors which may have contributed to the escape; and

DOC 327.20(2)(f) (f) The identification of persons who may have information about the escape.

DOC 327.20(3) (3) Order to duty. In the event of an escape, the superintendent may order any off-duty staff member to work.

DOC 327.20(4) (4) Authority of hostage. If a correctional staff member, including the superintendent, is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by correctional staff. Any orders issued by a hostage shall be disregarded by the correctional staff.

DOC 327.20(5) (5) Pursuit. The pursuit of escapees shall be done under the supervision of local law enforcement authorities. Until local law enforcement authorities are able to supervise a pursuit, it shall be supervised by the superintendent. Correctional staff and law enforcement officers may take a CRC inmate into custody from his or her CRC residence.

DOC 327.20(6) (6) Use of private cars in pursuit. The superintendent may authorize CRC staff members to use their own cars to pursue escapees if state-owned cars are unavailable.

DOC 327.20 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.21 DOC 327.21 Search of CRC residence.

DOC 327.21(1) (1) A search of a CRC inmate’s residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate’s control, may be made at any time by any correctional staff member. There is no requirement that there be evidence that contraband is concealed in the residence before a search is conducted.

DOC 327.21(2) (2) Before the search occurs, it shall be approved by a CRC supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.

DOC 327.21(3) (3) There shall be a written record of all searches conducted under sub. (1). This record shall be prepared by the CRC supervisor or the staff member who conducted the search. The report shall state:

DOC 327.21(3)(a) (a) The identity of the staff member who conducted the search and the supervisor who approved it;

DOC 327.21(3)(b) (b) The date and time of the search;

DOC 327.21(3)(c) (c) The identity of the inmate whose residence or property was searched;

DOC 327.21(3)(d) (d) The reason for conducting the search. If the search was a random one, the report shall state that fact;

DOC 327.21(3)(e) (e) Any objects which were seized pursuant to the search; and

DOC 327.21(3)(f) (f) Whether any damage was done to the premises during the search.

DOC 327.21(4) (4) If any objects were seized or property damaged during the search of an inmate’s residence or property, the inmate shall be informed in writing. The inmate shall be reimbursed for damage to any property which is not contraband. Property which is damaged shall be valued at its fair market value, not the cost to replace it.

DOC 327.21(5) (5) In conducting a search, correctional staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

DOC 327.21(6) (6) Staff shall not read legal materials belonging to the inmate during a search.

DOC 327.21 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.22 DOC 327.22 Search of CRC inmate.

DOC 327.22(1) (1) Searches of inmates approved for CRC placements shall comply with s. DOC 306.16, modified as follows:

DOC 327.22(1)(a) (a) In addition to the reasons for a personal search of an inmate listed under s. DOC 306.16 (2), a personal search of an inmate in a CRC placement may be conducted by any correctional staff member before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

DOC 327.22(1)(b) (b) In addition to the reasons for a strip search of an inmate listed under s. DOC 306.16 (3), a strip search may be conducted before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

DOC 327.22(1)(c) (c) In addition to the reasons for a body contents search listed under s. DOC 306.16 (5), a body contents search may be conducted:

DOC 327.22(1)(c)1. 1. Immediately before transfer to the CRC placement;

DOC 327.22(1)(c)2. 2. Upon arrival at the CRC placement;

DOC 327.22(1)(c)3. 3. If an inmate is found to possess intoxicating substances or intoxicating substances are detected or found in the inmate’s residence or in an area controlled, occupied or inhabited by the inmate;

DOC 327.22(1)(c)4. 4. As part of a random testing program of all CRC inmates. Selection of inmates for random testing may not be done for the purpose of harassing or intimidating inmates; or

DOC 327.22(1)(c)5. 5. Periodically, if an inmate has a history of alcohol or other drug abuse.

DOC 327.22(2) (2) If the CRC inmate is held in a correctional institution, the search rules under ss. DOC 306.13, 306.14, 306.15 and 306.16 apply.

DOC 327.22 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.23 DOC 327.23 Search of staff. Section DOC 306.18 regulates the search of CRC staff except that a search is authorized before and after a staff member has contact with a CRC inmate or if there are reasonable grounds to believe the staff member is concealing an unauthorized object.

DOC 327.23 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.24 DOC 327.24 Use of test results and contraband as evidence at disciplinary hearings.

DOC 327.24(1) (1) Contraband seized during a search which is done in violation of this chapter may be used as evidence at a disciplinary hearing conducted pursuant to s. DOC 327.13.

DOC 327.24(2) (2) Results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances may be used as evidence at a disciplinary hearing conducted pursuant to s. DOC 327.13.

DOC 327.24 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.25 DOC 327.25 Emergencies.

DOC 327.25(1) (1) An emergency is an immediate threat to the safety of CRC staff, inmates or the public. An emergency may include, but is not limited to:

DOC 327.25(1)(a) (a) Failure of the CRC inmate’s electronic surveillance equipment;

DOC 327.25(1)(b) (b) Malfunctioning of the CRC inmate’s telephone system; or