Chapter DOC 376

DOC 376.09(2)(a) (a) To transport a youth within or outside an institution.

DOC 376.09(2)(b) (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.

DOC 376.09(2)(c) (c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless restrained.

DOC 376.09(2)(d) (d) To protect a youth who poses an immediate threat of physical injury to self unless restrained.

DOC 376.09(3) (3) Approval for use of mechanical restraints. A youth may be placed in mechanical restraints only with the authorization of the superintendent.

DOC 376.09(4) (4) Prohibited use of mechanical restraints. Mechanical restraints may not be used in any of the following ways:

DOC 376.09(4)(a) (a) When the use of mechanical restraints is medically contra-indicted.

DOC 376.09(4)(b) (b) About the head or neck of a youth in a manner not prescribed by the manufacturer.

DOC 376.09(4)(c) (c) In a way that causes undue physical discomfort or inflicts physical pain to a youth.

DOC 376.09(4)(d) (d) As a method of punishment.

DOC 376.09(4)(e) (e) To secure a youth to a motor vehicle.

DOC 376.09(5) (5) Use of full body restraints. Full body restraints may be used only for the following reasons with authorization from the superintendent:

DOC 376.09(5)(a) (a) To protect a youth who poses an immediate threat of physical injury to self unless placed in full body restraints.

DOC 376.09(5)(b) (b) To protect a youth in a health emergency that requires full body restraints.

DOC 376.09(5)(c) (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.

DOC 376.09(5)(d) (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.

DOC 376.09(6) (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:

DOC 376.09(6)(a) (a) The shift supervisor shall be present and shall notify the superintendent, a health services professional and the psychologist on call.

DOC 376.09(6)(b) (b) A minimum of 3 staff shall be present when the youth is placed in full body restraints.

DOC 376.09(6)(c) (c) A video and audio recording shall be made as directed by the superintendent.

DOC 376.09(6)(d) (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.

DOC 376.09(6)(e) (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.

DOC 376.09(6)(f) (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.

DOC 376.09(6)(g) (g) Staff shall directly observe a youth immobilized in full body restraints at least every 15 minutes.

DOC 376.09(6)(h) (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.

DOC 376.09(6)(i) (i) The youth shall be released immediately if it becomes apparent that full body restraints present a medical risk to the youth.

DOC 376.09(7) (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:

DOC 376.09(7)(a) (a) The youth’s full name and identifying number.

DOC 376.09(7)(b) (b) The date and time of immobilization.

DOC 376.09(7)(c) (c) Names of the staff members and supervisor present when the youth was placed in full body restraints.

DOC 376.09(7)(d) (d) The reasons for placing the youth in full body restraints.

DOC 376.09(7)(e) (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.

DOC 376.09(7)(f) (f) The dates and times full body restraints were removed.

DOC 376.09(7)(g) (g) Medication given and the time it was given.

DOC 376.09(7)(h) (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.

DOC 376.09(8) (8) Release from full body restraints. The superintendent may authorize partial or complete release from full body restraints at any time.

DOC 376.09(9) (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.

DOC 376.09(10) (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.

DOC 376.09(11) (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.

DOC 376.09(12) (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.

DOC 376.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.10 DOC 376.10 Escapes.

DOC 376.10(1) (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:

DOC 376.10(1)(a) (a) Reporting the escape to the superintendent and the administrator.

DOC 376.10(1)(b) (b) Staff communication.

DOC 376.10(1)(c) (c) Notification to local and committing county law enforcement authorities.

DOC 376.10(1)(d) (d) Notification to the community, consistent with s. 938.51 (1r), Stats.

DOC 376.10 Note Note: There is no statutory requirement for notification to the community in the event of escape.

DOC 376.10(1)(e) (e) Pursuit of the escapee.

DOC 376.10(1)(f) (f) An immediate count of all youth.

DOC 376.10(1)(g) (g) A search of the institution and grounds.

DOC 376.10(1)(h) (h) An investigation into the background, mail and visitors list of the escaped youth.

DOC 376.10(1)(i) (i) An accessible list of the names, addresses and phone numbers of off-duty staff members.

DOC 376.10(1)(j) (j) The operation of essential posts.

DOC 376.10(1)(k) (k) Securing tools and any implement that may be fashioned into a weapon.

DOC 376.10(1)(L) (L) Victim notification, if requested under s. 938.51 (4), Stats.

DOC 376.10(1)(m) (m) The preservation of any evidence relevant to the escape and the chain of evidence.

DOC 376.10(1)(n) (n) The repair of any facilities damaged in the escape.

DOC 376.10(1)(o) (o) The responsibility of staff after an escape.

DOC 376.10(1)(p) (p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.

DOC 376.10(2) (2) Reports. Reports of escapes required under sub. (1) (a) shall include:

DOC 376.10(2)(a) (a) Date, time and location when the youth was last seen.

DOC 376.10(2)(b) (b) The method of escape.

DOC 376.10(2)(c) (c) Who was involved in the escape.

DOC 376.10(2)(d) (d) A description of the escapee, including clothing worn.

DOC 376.10(2)(e) (e) Action taken by the institution, including procedures initiated.

DOC 376.10(2)(f) (f) A brief evaluation of the factors which may have contributed to the escape.

DOC 376.10(2)(g) (g) The identification of persons who may have information about the escape.

DOC 376.10(3) (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.

DOC 376.10(4) (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.

DOC 376.10(5) (5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.

DOC 376.10(6) (6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.

DOC 376.10(7) (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.

DOC 376.10(8) (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.

DOC 376.10 History 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 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.

DOC 376.11 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 376.12 DOC 376.12 Search of youth living quarters.

DOC 376.12(1) (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:

DOC 376.12(1)(a) (a) The identity of the staff who conducted the search and the supervisor who approved it.

DOC 376.12(1)(b) (b) The date and time of the search.

DOC 376.12(1)(c) (c) The identity of the youth whose living quarters were searched.

DOC 376.12(1)(d) (d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.

DOC 376.12(1)(e) (e) Any objects that were seized pursuant to the search.

DOC 376.12(1)(f) (f) Whether any damage was done to the premises during the search.

DOC 376.12(2) (2) If property was seized or damaged pursuant to the search of a youth’s living quarters, staff shall inform the youth in writing. The institution shall pay for the cost of repair of personal property that is not contraband. In the alternative, and at the discretion of the superintendent, damaged personal property that is not contraband shall be replaced or the youth shall receive the fair market value of the property at the time it was damaged.

DOC 376.12(3) (3) In conducting searches, staff shall disturb the effects of youth as little as possible, consistent with thoroughness.

DOC 376.12(4) (4) Staff shall not read materials that they know are legal materials.

DOC 376.12 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.