Wisconsin Legislature: DOC 376.09(4)(d)

2. It is medically contra-indicated for the youth or another person who would be affected.

(2) Selection. The incapacitating device or chemical agent most appropriate to the situation shall be used by staff, based on the manufacturer’s recommendations and the training provided to the staff using the incapacitating device or chemical agent.

(3) Application. Only trained staff under the immediate supervision of a supervisor may employ incapacitating devices or chemical agents. Each institution shall ensure that staff authorized to use incapacitating devices or chemical agents are properly trained in their use.

(4) Medical attention and clean-up.

(a) As soon as possible after an incapacitating device or chemical agent has been used, staff shall apply corrective remedies as prescribed by the manufacturer to all youth and staff exposed to the incapacitating device or chemical agent and shall obtain medical assistance as needed for persons exposed. Staff shall provide individuals exposed to a chemical agent with an opportunity to shower and change clothes. If living quarters have been exposed to a chemical agent, staff shall require the area to be properly cleaned and bedding and mattresses to be changed and thoroughly cleaned before being reuse.

(b) Staff shall promptly notify medical personnel of a youth’s exposure to a chemical agent. Medical personnel shall determine if medical assistance is required.

(5) Incident report.

(a) As soon as possible after an incapacitating device or chemical agent has been used, all staff who were involved shall submit an incident report to the superintendent and the administrator. A monthly report of the use of incapacitating devices and chemical agents shall be submitted by each institution to the administrator.

(b) Each incident report shall include all of the following:

1. The youth’s name, the date and time of the incident, names of staff present when the incapacitating device or chemical agent was used, reasons for using the incapacitating device or chemical agent and treatment given.

2. A description of the incident which caused the use of the incapacitating device or chemical agent.

3. The steps taken prior to the use of the incapacitating device or chemical agent and why those steps did not control the incident.

4. The type of incapacitating device or chemical agent used and method of application.

5. The youth’s response to the incapacitating device or chemical agent.

6. Any actions taken following the use of the incapacitating device or chemical agent.

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

DOC 376.09 Mechanical restraints.

(1) Types of mechanical restraints. Mechanical restraints include, but are not limited to, handcuffs with restraining belt or chain, restraining chains, leg restraints and leather and plastic restraints.

(2) Use of mechanical restraints. Mechanical restraints may be used in any of the following situations if the superintendent determines that the use of mechanical restraints is necessary to protect staff, youth or the public or to maintain the security of the institution:

(a) To transport a youth within or outside an institution.

(b) For a youth who is in security status while the youth is outside the place of confinement or for a youth who is out of control.

(c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless restrained.

(d) To protect a youth who poses an immediate threat of physical injury to self unless restrained.

(3) Approval for use of mechanical restraints. A youth may be placed in mechanical restraints only with the authorization of the superintendent.

(4) Prohibited use of mechanical restraints. Mechanical restraints may not be used in any of the following ways:

(a) When the use of mechanical restraints is medically contra-indicted.

(b) About the head or neck of a youth in a manner not prescribed by the manufacturer.

(d) As a method of punishment.

(e) To secure a youth to a motor vehicle.

(5) Use of full body restraints. Full body restraints may be used only for the following reasons with authorization from the superintendent:

(a) To protect a youth who poses an immediate threat of physical injury to self unless placed in full body restraints.

(b) To protect a youth in a health emergency that requires full body restraints.

(c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless placed in full body restraints.

(d) To immobilize a youth in full body restraints, because the youth’s conduct significantly disrupts the security or function of the institution and less restrictive ways to control the behavior have failed.

(6) Procedure for placing a youth in full body restraints. When staff place a youth in full body restraints sub. (5) (a) to (d) all of the following apply:

(a) The shift supervisor shall be present and shall notify the superintendent, a health services professional and the psychologist on call.

(b) A minimum of 3 staff shall be present when the youth is placed in full body restraints.

(d) A staff psychologist or psychiatrist shall arrange for an on-site evaluation within 3 hours after the application of full body restraints unless the superintendent authorizes an extension, which may not exceed 8 hours.

(e) The psychologist or psychiatrist shall recommend to the superintendent whether the youth should remain in full body restraints and what actions should be taken to protect the youth.

(f) A health services professional shall conduct a physical examination as soon as possible, but not later than one hour after application of full body restraints. A physical examination shall be conducted every 4 hours thereafter by a health services professional.

(g) Staff shall directly observe a youth immobilized in full body restraints at least every 15 minutes.

(h) Youth may be partially released from full body restraints if it is safe to do so to perform bodily functions and for meals. Three staff members, one of whom shall be a supervisor, shall be present before and during the release.

(i) The youth shall be released immediately if it becomes apparent that full body restraints present a medical risk to the youth.

(7) Record of use of full body restraints. A record must be kept of youth placed in full body restraints under sub. (5) (a) to (d) which shall include the following:

(a) The youth’s full name and identifying number.

(b) The date and time of immobilization.

(d) The reasons for placing the youth in full body restraints.

(e) The dates and times that the youth was observed by staff as required by sub. (6) (g), the name of the staff making the observation and comments on the youth’s condition and behavior while in full body restraints.

(f) The dates and times full body restraints were removed.

(g) Medication given and the time it was given.

(h) The dates and times that the youth was observed by clinical staff, a health services professional or a licensed psychologist or psychiatrist, the recommendations made by those persons and whether staff implemented the recommendations.

(8) Release from full body restraints. The superintendent may authorize partial or complete release from full body restraints at any time.

(9) Time in full body restraints. No youth may be immobilized in full body restraints for longer than 12 hours, unless the youth is examined by a psychologist, psychiatrist or the crisis intervention worker, who shall make a written recommendation to the superintendent as to whether the youth should continue to remain in full body restraints. An examination by a psychologist, psychiatrist or crisis intervention leader shall occur thereafter at least every 12 hours that a youth is in full body restraints. The superintendent may authorize the use of restraints for more than 12 hours. The superintendent shall notify the administrator of the decision to continue the use of full body restraints beyond 12 hours and every 12 hours thereafter.

(10) Transfer to a mental health facility. Staff shall initiate a transfer to a mental health facility under s. 51.35 (3), Stats., if appropriate. Staff shall not retain a youth in full body restraints under sub. (5) (a) to (d) for more than 24 hours, unless a transfer to a mental health facility has been initiated by the institution.

(11) Monthly report on full body restraints. A monthly report concerning each incident involving the use of full body restraints under sub. (5) (a) to (d) shall be submitted by the superintendent to the administrator.

(12) Supply of mechanical restraints. Institutions shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.

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

DOC 376.10 Escapes.

(1) Plan. Each institution shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:

(a) Reporting the escape to the superintendent and the administrator.

(b) Staff communication.

(d) Notification to the community, consistent with s. 938.51 (1r), Stats.

Note: There is no statutory requirement for notification to the community in the event of escape.

(e) Pursuit of the escapee.

(f) An immediate count of all youth.

(g) A search of the institution and grounds.

(h) An investigation into the background, mail and visitors list of the escaped youth.

(i) An accessible list of the names, addresses and phone numbers of off-duty staff members.

(j) The operation of essential posts.

(k) Securing tools and any implement that may be fashioned into a weapon.

(L) Victim notification, if requested under s. 938.51 (4), Stats.

(m) The preservation of any evidence relevant to the escape and the chain of evidence.

(n) The repair of any facilities damaged in the escape.

(o) The responsibility of staff after an escape.

(p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.

(2) Reports. Reports of escapes required under sub. (1) (a) shall include:

(a) Date, time and location when the youth was last seen.

(b) The method of escape.

(d) A description of the escapee, including clothing worn.

(e) Action taken by the institution, including procedures initiated.

(f) A brief evaluation of the factors which may have contributed to the escape.

(g) The identification of persons who may have information about the escape.

(3) Hostages. When a youth takes the superintendent or any staff hostage, the hostage shall have no authority to order any action or inaction by staff.