Wisconsin Legislature: DOC 393.06(5)(b)

5. Family responsibilities and child support.

6. Support of self, including the sources of earned and unearned income.

7. Educational and vocational obligations.

8. Job attendance.

9. Court obligations, including court ordered restitution and surcharges, and the collection and handling of all restitution monies.

10. Frequency and manner of reporting to the agent.

11. Conditions to be met when residing in an alternate care placement.

12. Payment of debts.

(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.

(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.

(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.”

(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.

(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.

(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.

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

DOC 393.06 Use of force.

(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.

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

(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.

(4) Non-Deadly force.

(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:

1. To prevent an escape.

2. To prevent death or bodily injury to oneself or another.

3. To prevent unlawful damage to property.

4. To change the location of a youth.

5. To take a youth into custody or transport a youth.

(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.

(5) Deadly force.

(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.

(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.

(6) Follow up after the use of force.

(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.

(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:

1. The youth’s full name and the date, time and place force was used against the youth.

2. The name of all staff who used force against the youth.

3. The reason for using force.

4. The names of all persons who observed the use of force.

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

DOC 393.07 Mechanical restraints.

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

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

(a) To take a youth into custody

(b) To transport a youth

(d) To prevent unlawful damage to property

(e) To change the physical location of a youth

(f) To prevent a youth from escaping

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

(a) As a method of punishment

(b) About the head or neck of a youth

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

(d) To secure a youth to a motor vehicle

(4) Mechanical restraint procedures.

(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.

(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).

(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.

(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.

(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.

(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:

1. The youth’s full name and the date, time and place the youth was placed in mechanical restraints.

2. The name of staff who placed the youth in restraints.

3. The reason for placing the youth in restraints and a description of the restraints used.

4. A statement indicating when and under what circumstances the restraints were removed.

(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.

(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).

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 Chemical agents and weapons.

(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.

(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:

(a) If approved by the department.

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

(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.

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

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

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

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

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

DOC 393.09 Search and seizure.

(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:

(a) “Living quarters” means a private bedroom, common familial or communal living areas and areas under a youth’s control or to which the youth has access, including, but not limited to, the grounds and motor vehicles.

(b) “Property” means objects under a youth’s control, regardless of ownership.

(2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

(a) When staff have a reasonable belief that a youth possesses contraband.

(b) After the youth has been taken into custody and before transporting the youth.

(d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

(e) At random with the prior authorization of a supervisor.

(f) At the direction of a supervisor.

(3) Strip search.