Chapter DOC 333

DOC 333.13(1) (1) Disclaimer. The department does not assume responsibility for the condition or safety of any DIS residence, including the inmate’s food and property at the residence, or for the safety of others or their property at a DIS residence. In this subsection, “DIS residence” does not include a type 1 prison, jail, county reforestation camp, residential treatment facility or a community-based residential treatment facility.

DOC 333.13(2) (2) Access to legal materials. Inmates shall be permitted to do reasonable legal research at local law libraries with the prior approval of DIS staff. “Reasonable research” means a maximum of four hours per week, including travel time. Inmates with court imposed deadlines may request additional research time.

DOC 333.13(3) (3) Medical care.

DOC 333.13(3)(a) (a) Inmates with private health insurance may use any medical personnel and facilities covered by their policy with prior approval of DIS staff.

DOC 333.13(3)(b) (b) DIS staff shall assist inmates without private health insurance to identify the public health and social service agencies which can assist them with their health care needs. Prior approval by the assigned agent is required for utilization of medical personnel or facilities.

DOC 333.13(4) (4) Religious services. With the prior approval of DIS staff, inmates motivated by religious beliefs shall be given a reasonable opportunity to attend religious services. “Reasonable opportunity” means required worship time not to exceed 2 hours per week, including travel time. “Religious services” does not include social activities sponsored by a religion or related to religious activities. Inmates may request additional time for required worship.

DOC 333.13(5) (5) Recreation time. Recreation time shall be administered as follows:

DOC 333.13(5)(a) (a) In this subsection, “recreation time” means activities outside the inmate’s residence other than those required for job, school or treatment programs and include, but are not limited to exercise and recreational activities. Time which the inmate must be permitted to spend at religious services or law libraries under subs. (2) and (4) is not recreation time. Recreation time may be used by an inmate for legal research at law libraries or religious services, in addition to the time provided under subs. (2) and (4).

DOC 333.13(5)(b) (b) Recreation time may be provided at the discretion of DIS staff. Recreation time shall be conditioned upon satisfactory participation in the program.

DOC 333.13(5)(c) (c) A request for recreation time shall be made by an inmate in writing to his or her agent. All recreation time shall have prior approval by DIS staff and shall be included in the inmate’s schedule. The request shall include the following:

DOC 333.13(5)(c)1. 1. Date and starting and ending time of recreation activity.

DOC 333.13(5)(c)2. 2. Specific location of recreation.

DOC 333.13(5)(c)3. 3. Names of persons involved in the recreation activity.

DOC 333.13(5)(c)4. 4. Description of the recreation activity.

DOC 333.13(5)(d) (d) An inmate may lose the privilege of participating in recreation activities through the disciplinary process under s. DOC 333.08.

DOC 333.13(6) (6) Property.

DOC 333.13(6)(a) (a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and the inmate’s rules of supervision.

DOC 333.13(6)(b) (b) An inmate in a DIS placement may possess any personal property except:

DOC 333.13(6)(b)1. 1. Property which is prohibited by state, federal or local law or this chapter.

DOC 333.13(6)(b)2. 2. An alcohol beverage as defined in s. 125.02 (1), Stats., or a controlled substance as defined in s. 961.01 (4), Stats., which was not prescribed by an approved physician.

DOC 333.13(6)(b)3. 3. Any item designed exclusively to be used as a weapon or to be used in the manufacture of a weapon.

DOC 333.13(6)(b)4. 4. Drug paraphernalia, as defined in s. DOC 303.44.

DOC 333.13(6)(b)5. 5. Obscene material, as defined in s. DOC 309.05 (6) (c) 8.

DOC 333.13 Note Note: DOC 309.05 (6) (c) 8. was repealed eff. 10-1-98.

DOC 333.13(6)(b)6. 6. Property which is prohibited by the inmate’s rules of supervision.

DOC 333.13(6)(c) (c) Items not permitted under this section or under an inmate’s rules of supervision are contraband. An inmate may be subject to discipline for possessing contraband. The items may be seized in accordance with the procedure in s. DOC 303.10, except that contraband shall not be disposed of, if a violation report will be or has been issued, until the procedures in s. DOC 333.08 have been completed.

DOC 333.13(7) (7) Inmate contacts. Special conditions may be placed on an inmate’s contacts while in a DIS placement, including mail, visits and telephone if, in the discretion of DIS staff, it will be helpful to the rehabilitation of the inmate or the protection of the public. Communication with the courts or the parties identified in s. DOC 309.04 (4) shall not be restricted.

DOC 333.13 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (6) (b) 2. and (7) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 333.14 DOC 333.14 Use of force. The use of force on inmates in DIS placements shall comply with s. DOC 306.07, modified as follows:

DOC 333.14(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 DIS staff against a DIS 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 333.14(2) (2) Deadly force may not be used by DIS staff against a DIS inmate except to prevent death or great bodily injury to oneself or another.

DOC 333.14(3) (3) If the DIS inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.

DOC 333.14 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 333.15 DOC 333.15 Mechanical restraints.

DOC 333.15(1) (1) Mechanical restraints which may be used on inmates in DIS placements are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain and leg restraints.

DOC 333.15(2) (2) Mechanical restraints may be used only in the following circumstances:

DOC 333.15(2)(a) (a) To protect staff or others from a DIS inmate who poses an immediate risk of flight or physical injury to others unless restrained.

DOC 333.15(2)(b) (b) To protect a DIS inmate who poses an immediate threat of physical injury to himself or herself unless restrained.

DOC 333.15(2)(c) (c) To protect staff when staff is conducting a search of the inmate’s residence.

DOC 333.15(2)(d) (d) When taking a DIS inmate into custody.

DOC 333.15(2)(e) (e) To transport a DIS inmate.

DOC 333.15(3) (3) Mechanical restraints may not be used:

DOC 333.15(3)(a) (a) As a method of punishment.

DOC 333.15(3)(b) (b) About the head or neck of an inmate.

DOC 333.15(3)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate.

DOC 333.15(3)(d) (d) To restrain an inmate to a moving vehicle.

DOC 333.15(4) (4) A DIS staff member shall observe a DIS 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 333.15(5) (5) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

DOC 333.15(6) (6) A written record shall be made each time the inmate is placed in restraints. The record shall include:

DOC 333.15(6)(a) (a) The inmate’s full name, number, and the date and time the inmate was placed in restraints.

DOC 333.15(6)(b) (b) The name of the staff member who placed the inmate in restraints.

DOC 333.15(6)(c) (c) The reason for placing the inmate in restraints.

DOC 333.15(6)(d) (d) A statement indicating when and under what circumstances the restraints were removed.

DOC 333.15(7) (7) DIS 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 333.15(8) (8) If the DIS inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

DOC 333.15 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.16 DOC 333.16 Oleoresin of capsicum, firearms and other weapons.

DOC 333.16(1) (1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means the oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

DOC 333.16(2) (2) Use of oleoresin of capsicum. An employee may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a), Stats., while on duty, only under the following conditions:

DOC 333.16(2)(a) (a) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

DOC 333.16(2)(b) (b) While acting in self-defense or defense of a third person, as allowed under ss. 941.26 (4) (c) 1. and 939.48, Stats.

DOC 333.16(2)(c) (c) Toward an offender, another person or an animal.

DOC 333.16(3) (3) Prohibited use. An employee may not use oleoresin of capsicum under [any of] the following:

DOC 333.16(3)(a) (a) Against another employee, except for training purposes.

DOC 333.16(3)(b) (b) Toward an offender merely because the offender refuses to follow orders.

DOC 333.16(3)(c) (c) Merely to cause bodily harm or bodily discomfort.

DOC 333.16(4) (4) Approved products. An employee shall carry and use only products and delivery systems approved by the department.

DOC 333.16(5) (5) Medical care. An employee shall immediately provide medical attention to the person exposed to oleoresin of capsicum.

DOC 333.16(6) (6) Documentation. The employee involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

DOC 333.16(7) (7) Firearms or other weapons. No employee may carry or use a firearm or other weapons while on duty, except as permitted under s. DOC 333.16 (2).

DOC 333.16 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; r. and recr. Register, April, 1997, No. 496, eff. 5-1-97.

DOC 333.17 DOC 333.17 Escapes.

DOC 333.17(1) (1) Plan. The administrator shall develop and annually review and update a written plan to be implemented if an escape occurs from a DIS placement. The plan shall provide for all of the following:

DOC 333.17(1)(a) (a) If DIS staff believe that an inmate may have escaped because the inmate has left an assigned area, or has not returned to the DIS residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or DIS staff have received other relevant information, DIS staff shall attempt to contact the inmate.

DOC 333.17(1)(b) (b) If DIS staff believe, for the reasons set forth in par. (a), the inmate has escaped or if an inmate is 4 or more hours late returning to the DIS residence without authorization from appropriate DIS staff, DIS staff shall communicate an apprehension request on the inmate to law enforcement agencies.

DOC 333.17(1)(c) (c) After an apprehension request has been made for the inmate, the escape shall be reported orally and in writing to the administrator.

DOC 333.17(1)(d) (d) DIS staff shall notify the administrator and law enforcement agencies orally and in writing when an inmate who has escaped is apprehended.

DOC 333.17(2) (2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known:

DOC 333.17(2)(a) (a) The method of escape.

DOC 333.17(2)(b) (b) Who was involved in the escape.

DOC 333.17(2)(c) (c) A description of the escapee, including clothing worn.

DOC 333.17(2)(d) (d) Action taken by DIS staff.

DOC 333.17(2)(e) (e) A brief evaluation of the factors which may have contributed to the escape.

DOC 333.17(2)(f) (f) The identification of persons who may have information about the escape.

DOC 333.17(3) (3) Order to duty. In the event of an escape, the administrator may order any off-duty staff member to duty.

DOC 333.17(4) (4) Authority of hostage. If a DIS staff member, including the administrator, is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by DIS staff. Any orders issued by a hostage shall be disregarded by the DIS staff.

DOC 333.17 History History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.18 DOC 333.18 Search of DIS inmate’s residence.

DOC 333.18(1) (1) A search of a DIS 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 DIS staff member. There is no requirement that there be any evidence that contraband is concealed in the residence before a search is conducted.