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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.
(c) In a way that causes undue physical discomfort or inflicts physical pain to a youth.
(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.
(c) A video and audio recording shall be made as directed by the superintendent.
(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.
(c) Names of the staff members and supervisor present when the youth was placed in full body restraints.
(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.
(c) Notification to local and committing county law enforcement authorities.
(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.
(c) Who was involved in the 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.
(4) Pursuit. Any pursuit of an escaped youth by staff shall be done in cooperation with local law enforcement authorities. Until local law enforcement authorities are able to supervise pursuit, staff shall conduct the pursuit under supervision of the superintendent.
(5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.
(6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.
(7) Criminal convictions. A youth who is in an institution because of an adult criminal court conviction who escapes from an institution shall be treated as an adult in regard to confidentiality of information.
(8) Public information release. After 12 hours, the department may release information to the public if permitted under s. 938.78 (3), Stats., for youth adjudicated for certain criminal offenses. The information may include the youth’s name, age, physical description, including clothing, the date and time of the escape and the institution where the escape occurred.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (L) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.
DOC 376.11 Search of institution grounds. Staff may conduct a search of any area within the buildings or grounds of an institution at any time. There is no requirement that evidence exists that contraband is concealed on institution grounds before such a search is conducted. Upon completion of the search, staff shall complete an institution incident report describing the search including any discovery of contraband.
History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 376.12 Search of youth living quarters.
(1) Whenever staff conduct a search of a youth’s living quarters, staff in charge of the living unit at the time of the search or the staff who conducted the search shall write a report that includes all of the following:
(a) The identity of the staff who conducted the search and the supervisor who approved it.
(b) The date and time of the search.
(c) The identity of the youth whose living quarters were searched.
(d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.