Chapter DOC 393

DOC 393.05(1)(k) (k) The youth may not purchase, own, carry or possess a firearm, knife, any other weapon, or ammunition without prior written authorization of his or her agent. An agent may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under s. 941.29, Stats., any other state law, federal law, municipal ordinance or court order.

DOC 393.05(1)(L) (L) The youth may not use or possess any drug, item or substance that is illegal to possess, any intoxicating substance or any prescription drug except as properly prescribed for the youth and used by the youth in accordance with law.

DOC 393.05(1)(m) (m) The youth may not purchase, lease, possess, trade, sell, own or operate a motor vehicle without prior approval of the youth’s agent. To obtain approval to operate a motor vehicle, the youth shall demonstrate proof of insurance, have a valid Wisconsin driver’s license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the youth’s rehabilitation.

DOC 393.05(1)(n) (n) The youth may not borrow money or purchase on credit without prior approval of his or her agent.

DOC 393.05(1)(o) (o) The youth shall submit to and cooperate with searches of the youth, living quarters and property and with tests ordered by the department, a county department, or a placement agency consistent with law including, but not limited to, urinalysis, breathalyzer and blood tests.

DOC 393.05(1)(p) (p) The youth shall follow any additional rules, given orally or in writing, that may be issued by the youth’s agent. These rules may include, but are not limited to, directions relating to any of the following:

DOC 393.05(1)(p)1. 1. Companions.

DOC 393.05(1)(p)2. 2. Hours and curfews.

DOC 393.05(1)(p)3. 3. Medical, mental health or dental attention.

DOC 393.05(1)(p)4. 4. Counseling or therapy.

DOC 393.05(1)(p)5. 5. Family responsibilities and child support.

DOC 393.05(1)(p)6. 6. Support of self, including the sources of earned and unearned income.

DOC 393.05(1)(p)7. 7. Educational and vocational obligations.

DOC 393.05(1)(p)8. 8. Job attendance.

DOC 393.05(1)(p)9. 9. Court obligations, including court ordered restitution and surcharges, and the collection and handling of all restitution monies.

DOC 393.05(1)(p)10. 10. Frequency and manner of reporting to the agent.

DOC 393.05(1)(p)11. 11. Conditions to be met when residing in an alternate care placement.

DOC 393.05(1)(p)12. 12. Payment of debts.

DOC 393.05(2) (2) A youth shall comply with conduct rules that his or her agent may require to achieve the goals and objectives of the youth’s aftercare or any conditions established by the court.

DOC 393.05(3) (3) A youth shall sign a written copy of the conduct rules established for the youth’s aftercare prior to release from a type 1 or type 2 secured correctional facility, whenever possible, or immediately upon arrival at the initial community placement.

DOC 393.05(4) (4) The copy of the conduct rules signed by a youth under sub. (3) shall include the following notice: “These conduct rules are in addition to any court-ordered conditions. Your aftercare may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of these conduct rules.”

DOC 393.05(5) (5) At a youth’s first meeting with his or her agent following the youth’s release, the agent shall personally review the conduct rules and court-ordered conditions with the youth, and the agent and the youth shall sign a copy of the conduct rules if the youth did not sign the rules prior to release from the institution. The agent may modify or supplement the youth’s conduct rules at any time, either orally or in writing. If the agent modifies or supplements the conduct rules orally, the agent shall promptly give the youth a written copy of the changed or additional conduct rule.

DOC 393.05(6) (6) A youth who disagrees with a conduct rule established by his or her agent may appeal the agent’s decision to the agent’s supervisor within 5 working days of the decision. The supervisor shall review the appeal and make a written response to the youth within 5 working days of receipt of the appeal, upholding, reversing, or modifying the conduct rule. If the supervisor does not make a written response, the conduct rule is upheld.

DOC 393.05(7) (7) If the youth is in disagreement with the supervisor’s decision, the youth may appeal that decision to the next supervisory level of the department or county department within 5 working days of the supervisor’s decision or failure to issue a decision under sub. (6). The next level supervisor shall issue the final decision of the department or county department within 5 working days of receipt of the appeal. If the next level supervisor does not make a written response, the supervisor’s decision is upheld.

DOC 393.05 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.06 DOC 393.06 Use of force.

DOC 393.06(1) (1) General. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to exercise force to control a youth. When it is not practical, staff may use force to control the youth in accordance with this section.

DOC 393.06(2) (2) Corporal punishment. Staff may not impose corporal punishment on a youth.

DOC 393.06(3) (3) Amount of force. Only reasonable and the minimum necessary force may be used to achieve control of a youth. Staff may not use excessive force.

DOC 393.06(4) (4) Non-Deadly force.

DOC 393.06(4)(a) (a) Staff may use non-deadly force to control a youth only if the user of force reasonably believes its use is immediately necessary to accomplish one of the following purposes:

DOC 393.06(4)(a)1. 1. To prevent an escape.

DOC 393.06(4)(a)2. 2. To prevent death or bodily injury to oneself or another.

DOC 393.06(4)(a)3. 3. To prevent unlawful damage to property.

DOC 393.06(4)(a)4. 4. To change the location of a youth.

DOC 393.06(4)(a)5. 5. To take a youth into custody or transport a youth.

DOC 393.06(4)(b) (b) Before non-deadly force is used to accomplish one of the purposes under par. (a), staff shall use all reasonable efforts to persuade the youth to be voluntarily taken into custody or to cease inappropriate behavior.

DOC 393.06(5) (5) Deadly force.

DOC 393.06(5)(a) (a) Staff may use deadly force to control a youth only if the user reasonably believes that its use is immediately necessary to prevent death or great bodily harm to oneself or another.

DOC 393.06(5)(b) (b) 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 393.06(6) (6) Follow up after the use of force.

DOC 393.06(6)(a) (a) After staff use force to control a youth, the youth and any involved staff shall immediately be checked for injury. If the youth or staff have been injured, the staff shall immediately seek appropriate medical treatment of any injury to the youth or staff. A supervisor shall be notified immediately of any injury to the youth or staff.

DOC 393.06(6)(b) (b) When force is used against a youth, all staff who observed or were involved in the incident, shall submit a written record to a supervisor within 24 hours of the incident. The record shall describe the use of force and be placed in the youth’s file. The record shall include all of the following:

DOC 393.06(6)(b)1. 1. The youth’s full name and the date, time and place force was used against the youth.

DOC 393.06(6)(b)2. 2. The name of all staff who used force against the youth.

DOC 393.06(6)(b)3. 3. The reason for using force.

DOC 393.06(6)(b)4. 4. The names of all persons who observed the use of force.

DOC 393.06 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.07 DOC 393.07 Mechanical restraints.

DOC 393.07(1) (1) General. Staff may use mechanical restraints to control the behavior of a youth or transport a youth in accordance with this section.

DOC 393.07(2) (2) Reasons for using mechanical Restraints. Mechanical restraints may be used for any of the following purposes:

DOC 393.07(2)(a) (a) To take a youth into custody

DOC 393.07(2)(b) (b) To transport a youth

DOC 393.07(2)(c) (c) To prevent death or bodily injury to oneself or another

DOC 393.07(2)(d) (d) To prevent unlawful damage to property

DOC 393.07(2)(e) (e) To change the physical location of a youth

DOC 393.07(2)(f) (f) To prevent a youth from escaping

DOC 393.07(3) (3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

DOC 393.07(3)(a) (a) As a method of punishment

DOC 393.07(3)(b) (b) About the head or neck of a youth

DOC 393.07(3)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth

DOC 393.07(3)(d) (d) To secure a youth to a motor vehicle

DOC 393.07(4) (4) Mechanical restraint procedures.

DOC 393.07(4)(a) (a) Custody and transportation. When staff place a youth in mechanical restraints to take the youth into custody and transport the youth, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

DOC 393.07(4)(b) (b) Behavior control. When staff place a youth in mechanical restraints to control the youth’s behavior under sub. (2) (c), (d), (e) or (f), staff shall remove the restraints as soon as staff believe the restraints are no longer necessary to control the youth’s behavior. Restraints shall be used at all times while the youth is being transported in a secure manner under sub. (2) (b).

DOC 393.07(4)(c) (c) Observation. Staff shall observe a youth placed in mechanical restraints at least once every 15 minutes until the restraints are removed or until the youth’s admission to a place of secure confinement or into custody. Staff shall maintain a written record of the observations including the date and times staff observed the youth, name of the person making the observation, and comments on the youth’s condition and behavior while in restraints.

DOC 393.07(4)(d) (d) Services and privileges. A youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so or the youth is being transported in a secure manner. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

DOC 393.07(4)(e) (e) Check for injury. When staff use mechanical restraints, the youth shall be checked for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

DOC 393.07(4)(f) (f) Record. When staff use mechanical restraints to control a youth’s behavior under sub. (2) (c), (d), (e) or (f), a supervisor shall be notified as soon as possible. Staff shall submit to a supervisor a written report describing the incident within 24 hours and include in the youth’s file. The report shall include all of the following:

DOC 393.07(4)(f)1. 1. The youth’s full name and the date, time and place the youth was placed in mechanical restraints.

DOC 393.07(4)(f)2. 2. The name of staff who placed the youth in restraints.

DOC 393.07(4)(f)3. 3. The reason for placing the youth in restraints and a description of the restraints used.

DOC 393.07(4)(f)4. 4. A statement indicating when and under what circumstances the restraints were removed.

DOC 393.07(5) (5) Equipment. Staff shall only use mechanical restraints approved by the department. Staff shall examine the supply of mechanical restraints at least every 6 months. Any mechanical restraints which are excessively worn or which become defective through use shall be delivered to a supervisor to be destroyed.

DOC 393.07(6) (6) Annual report. Each regional chief shall submit an annual report to the administrator describing all incidents involving the use of mechanical restraints by program staff to control youth behavior under sub. (2) (c), (d), (e) or (f).

DOC 393.07 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) (f) made under s. 35.17, Stats., Register November 2018 No. 755.

DOC 393.08 DOC 393.08 Chemical agents and weapons.

DOC 393.08(1) (1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

DOC 393.08(2) (2) Use of oleoresin of capsicum. Staff may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a) and (c), Stats., while on duty and only under all of the following conditions:

DOC 393.08(2)(a) (a) If approved by the department.

DOC 393.08(2)(b) (b) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

DOC 393.08(2)(c) (c) While acting in self-defense or defense of a third person, as permitted under ss. 939.48 and 941.26 (4) (c) 1., Stats.

DOC 393.08(3) (3) Approved products. Staff may carry and use only the chemical products and delivery systems approved by the department.

DOC 393.08(4) (4) Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.

DOC 393.08(5) (5) Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

DOC 393.08(6) (6) Firearms or other weapons. Staff may not carry a firearm or other weapons while on duty.

DOC 393.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 393.09 DOC 393.09 Search and seizure.

DOC 393.09(1) (1) General. Staff may conduct a search of a youth and a youth’s living quarters or property at any time, subject to this section. In this section: