Chapter DOC 376

DOC 376.02 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.03 DOC 376.03 Definitions. In this chapter:

DOC 376.03(1) (1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

DOC 376.03(2) (2) “Bodily harm” means physical injury, illness or any impairment of physical condition.

DOC 376.03(3) (3) “Body cavity search” means a search conducted by a health services professional in which body cavities are inspected by the entry of an object or fingers into body cavities.

DOC 376.03(4) (4) “Body contents search” means a search in which a youth is required to provide a sample which includes, but is not limited to, deoxyribonucleic acid (DNA), urine, breath, blood or stool for testing for the presence of intoxicating substances, as defined in s. DOC 373.46 (1), in accordance with division procedures and methods approved by the state laboratory of hygiene, or to submit to a nonsurgical physical examination by medical staff which may include, but is not limited to, x-rays for detecting contraband. Body contents searches do not include examinations and tests requested by medical staff for medical reasons.

DOC 376.03(5) (5) “Chemical agent” means chloroacetophenone or “CN”, o-chlorobenzyl malononitrile or “CS”, oleoresin of capsicum or “OC” or other commercially manufactured chemical agents approved by the department for use as a non-deadly force.

DOC 376.03(6) (6) “Close confinement” means restriction of a youth to the youth’s assigned room or cell with a minimum of one hour per day of out-of-room time.

DOC 376.03(7) (7) “Contraband” has the meaning given in s. DOC 373.03 (6).

DOC 376.03(8) (8) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

DOC 376.03(9) (9) “Department” means the department of corrections.

DOC 376.03(10) (10) “Formal disciplinary hearing” means a hearing for a youth as provided in s. DOC 373.73.

DOC 376.03(11) (11) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of physical force and mechanical restraints.

DOC 376.03(12) (12) “Full body restraint” means a mechanical restraint used to simultaneously immobilize legs, arms and torso.

DOC 376.03(13) (13) “Great bodily harm” is bodily harm which creates a high probability of death or which causes serious permanent disfigurement or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

DOC 376.03(14) (14) “Health services professional” means a nurse, an advanced practice nurse prescriber, a physician’s assistant or a physician who are licensed or certified to practice in Wisconsin.

DOC 376.03(15) (15) “Incapacitating device” means a commercially manufactured device designed to incapacitate a person which is approved by the department for use as a non-deadly force.

DOC 376.03(16) (16) “Institution” means a type 1 secured correctional facility operated by the department.

DOC 376.03(17) (17) “Lockdown” means restriction of movement and programs in the entire institution to control a situation regarding safety or security of an institution.

DOC 376.03(18) (18) “Medical staff” means physician, physician’s assistant or nurse practitioner.

DOC 376.03(19) (19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

DOC 376.03(20) (20) “Non-deadly force” means force which a user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.

DOC 376.03(21) (21) “Personal search” includes a search of a person’s pockets, frisking the body, an examination of shoes, coat and hat and an inspection of the mouth.

DOC 376.03(22) (22) “Reasonably believes” means that the actor believes that certain facts exist and the belief, under the circumstances, is reasonable even though the belief is erroneous.

DOC 376.03(23) (23) “Secretary” means the secretary of the department of corrections or that person’s designee.

DOC 376.03(24) (24) “Staff” means a state employee of the institution where a youth is housed.

DOC 376.03(25) (25) “Strip search” means a search in which a person is required to remove clothes. Permissible inspection includes examination of the person’s body and clothing and visual inspection of body cavities.

DOC 376.03(26) (26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

DOC 376.03(27) (27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

DOC 376.03(28) (28) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

DOC 376.03(29) (29) “Youth” means a person or persons supervised by the department in an institution consistent with the requirements of law and regardless of age.

DOC 376.03 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.04 DOC 376.04 Voluntary confinement.

DOC 376.04(1) (1) A superintendent may place a youth in voluntary confinement if all of the following are true:

DOC 376.04(1)(a) (a) The youth requests the placement in writing.

DOC 376.04(1)(b) (b) The superintendent is satisfied that the placement is necessary for the safety and welfare of the youth.

DOC 376.04(2) (2) A youth shall remain in voluntary confinement for at least 72 hours from the time of placement unless the superintendent approves prior release.

DOC 376.04(3) (3) If a superintendent does not approve a youth’s release from voluntary confinement before 72 hours elapse, the youth shall be released after 72 hours, if one of the following occurs:

DOC 376.04(3)(a) (a) The youth requests release orally or in writing.

DOC 376.04(3)(b) (b) The superintendent is satisfied that the placement is no longer necessary.

DOC 376.04(4) (4) Youth in voluntary confinement shall be in close confinement. The minimum requirement of one-hour out-of-room time per day for close confinement may be suspended for a 24-hour period upon the recommendation of a physician or psychologist. The superintendent shall send a written report of the suspension to the administrator.

DOC 376.04(5) (5) Youth in voluntary confinement shall have all of the following privileges and property:

DOC 376.04(5)(a) (a) Privileges and property that are at least the equivalent of privileges and property permitted youth under s. DOC 374.10.

DOC 376.04(5)(b) (b) Additional privileges and property consistent with what is permitted in the unit in which the youth is voluntarily confined.

DOC 376.04(6) (6) The superintendent shall review placements in voluntary confinement at least every 7 days.

DOC 376.04 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.05 DOC 376.05 Surveillance of youth activities.

DOC 376.05(1) (1) Electronic surveillance of youth activities may occur without youth awareness as approved by the superintendent. Only those individuals designated by the superintendent may become aware of the contents of surveillance.

DOC 376.05(2) (2) The superintendent shall create policies and procedures to protect privacy rights of youth.

DOC 376.05(3) (3) Surveillance may include staff observation, cameras, intercoms, microphones, telephone monitoring and recording devices or other electronic or surveillance devices.

DOC 376.05(4) (4) Surveillance shall be limited to legitimate security needs of the institution.

DOC 376.05(5) (5) Information obtained by surveillance may be used by the department or law enforcement for purposes that include, but are not limited to, administrative actions, discipline, program direction and criminal prosecutions.

DOC 376.05(6) (6) The institution shall notify all youth, staff and visitors of the potential for their activities to be monitored and recorded throughout the institution.

DOC 376.05(7) (7) Surveillance may not be used to interfere with or compromise privileged communications between attorney and client.

DOC 376.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.06 DOC 376.06 Youth count. A superintendent shall establish and maintain a system for accurately accounting for the whereabouts of all youth under the superintendent’s supervision at all times. The system shall interfere as little as practical with school, work, program and recreational activities. The system shall be described in writing. All institution staff shall be familiar with the system.

DOC 376.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.07 DOC 376.07 Use of physical force.

DOC 376.07(1) (1) Corporal punishment of youth is not permitted. This prohibition allows no exceptions.

DOC 376.07(2) (2) Only the minimum force that is reasonably necessary to achieve a proper objective may be used. Excessive force shall not be used.

DOC 376.07(3) (3) Staff may use non-deadly force against youth only if the user of force reasonably believes that it is immediately necessary to accomplish one of the following purposes:

DOC 376.07(3)(a) (a) To subdue a youth who poses an immediate threat of bodily harm or death to oneself or another.

DOC 376.07(3)(b) (b) To regain control of all or part of an institution during a disturbance as defined in s. DOC 376.20 or an emergency as defined in s. DOC 376.21.

DOC 376.07(3)(c) (c) To prevent the escape of a youth.

DOC 376.07(3)(d) (d) To control a disruptive or dangerous youth who threatens the security of an institution.

DOC 376.07(3)(e) (e) To apprehend a youth who has escaped from an institution.

DOC 376.07(3)(f) (f) To change the location of a youth who refuses to cooperate and the refusal threatens the security of the institution.

DOC 376.07(4) (4) Staff may use the minimum physical force reasonably necessary to apprehend or gain control of a youth. Minimum force shall be exercised in the following way, if reasonably possible:

DOC 376.07(4)(a) (a) Staff shall not attempt to physically handle a youth until sufficient staff are present for a show of physical force.

DOC 376.07(4)(b) (b) Staff shall ask a youth to voluntarily return or to voluntarily cease the threatening or disruptive behavior.

DOC 376.07(4)(c) (c) If a youth refuses to voluntarily comply, one or more staff may physically restrain the youth.

DOC 376.07(4)(d) (d) Staff shall restrain a youth as necessary for the protection of the youth or others.

DOC 376.07(5) (5) After the use of non-deadly force, the youth and staff who were involved shall be checked for injury, medical services provided as appropriate and a written report submitted to the superintendent regarding any medical services provided.

DOC 376.07(6) (6) If force is used, each staff member involved shall submit a separate written report regarding the apprehension to the superintendent.

DOC 376.07(7) (7) Staff may use deadly force only if staff reasonably believe that its use is immediately necessary to prevent death or great bodily harm to oneself or another. If deadly force is used, each staff member involved shall submit a separate written report to the superintendent regarding the use of deadly force. The superintendent shall promptly report the use of deadly force to the administrator.

DOC 376.07(8) (8) Staff may not use deadly force to control a youth if its use creates a substantial danger of harm to an innocent third party, unless the danger created by not using deadly force is greater than the danger created by its use.

DOC 376.07(9) (9) Youth may not use force at any time.

DOC 376.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.08 DOC 376.08 Use of incapacitating devices and chemical agents.

DOC 376.08(1) (1) Regulation.

DOC 376.08(1)(a) (a) Incapacitating devices or chemical agents may be used under the circumstances listed in s. DOC 376.07 (3).

DOC 376.08(1)(b) (b) In order to ensure that incapacitating devices and chemical agents are used appropriately, staff shall utilize the following use of force continuum, if feasible, before actually employing an incapacitating device or a chemical agent:

DOC 376.08(1)(b)1. 1. Make a video and sound recording of the events as authorized by the superintendent.

DOC 376.08(1)(b)2. 2. Communicate with the youth to calm the youth.

DOC 376.08(1)(b)3. 3. Wait a reasonable period of time, unless there is a risk of harm to the youth or another person, the situation would further escalate or waiting would threaten the security or safety of the institution.

DOC 376.08(1)(b)4. 4. Make a show of force to the youth.

DOC 376.08(1)(b)5. 5. Use the minimum non-deadly force that is reasonably necessary.

DOC 376.08(1)(c) (c) When s. DOC 376.07 (3) permits the use of force and staff know of a youth’s history of violent behavior in similar situations and reasonably believe that the youth is about to become violent, an incapacitating device or chemical agent may be used after the procedure in par. (b) has been followed, but before the youth makes a credible threat to use physical force.

DOC 376.08(1)(d) (d) Incapacitating devices or chemical agents may not be used by staff if any of the following apply: