Chapter DOC 393

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:

DOC 393.09(1)(a) (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.

DOC 393.09(1)(b) (b) “Property” means objects under a youth’s control, regardless of ownership.

DOC 393.09(2) (2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

DOC 393.09(2)(a) (a) When staff have a reasonable belief that a youth possesses contraband.

DOC 393.09(2)(b) (b) After the youth has been taken into custody and before transporting the youth.

DOC 393.09(2)(c) (c) Upon release from a secure detention center or type 1 secured correctional facility or other secured confinement.

DOC 393.09(2)(d) (d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

DOC 393.09(2)(e) (e) At random with the prior authorization of a supervisor.

DOC 393.09(2)(f) (f) At the direction of a supervisor.

DOC 393.09(3) (3) Strip search.

DOC 393.09(3)(a) (a) A strip search may be conducted in addition to a personal search for any reason stated in sub. (2) only when staff have a reasonable belief that the youth is concealing contraband secreted within the youth’s underclothing or external body areas, and the youth refuses to voluntarily give the suspected contraband to staff.

DOC 393.09(3)(b) (b) Staff shall obtain prior approval from a supervisor before conducting a strip search. The supervisor may approve the strip search if the supervisor determines that the requirements of par. (a) are met.

DOC 393.09(3)(c) (c) A strip search shall be conducted in a clean and private place by a person of the same sex as the youth being searched. The search shall be conducted by two persons of the same sex as the youth when possible.

DOC 393.09(4) (4) Body contents search.

DOC 393.09(4)(a) (a) Staff may conduct a body contents search if staff have a reasonable belief that a youth has consumed an intoxicating substance or is concealing contraband in a manner that might be discovered by such a search and prior authorization has been obtained from a supervisor.

DOC 393.09(4)(b) (b) Staff may require a youth to submit to routine drug and alcohol tests for cause as part of a routine testing of all youth in a program or as part of a random testing program.

DOC 393.09(4)(c) (c) When an agent or supervisor requires that collection of a urine specimen be observed, staff of the same sex as the youth shall observe and collect the urine specimen.

DOC 393.09(4)(d) (d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.

DOC 393.09(4)(e) (e) X-rays may be conducted only by licensed radiology personnel.

DOC 393.09(5) (5) Reasonable grounds to believe. In deciding whether a reasonable belief exists under subs. (2), (3) and (4), all of the following shall be considered:

DOC 393.09(5)(a) (a) Observations of staff.

DOC 393.09(5)(b) (b) Information provided by a reliable informant.

DOC 393.09(5)(c) (c) Prior seizures of contraband from the person or living quarters of the youth.

DOC 393.09(6) (6) Search of living quarters and property.

DOC 393.09(6)(a) (a) Staff may search a youth’s property and living quarters at any time with the approval of a supervisor. Whenever practical, staff may request the assistance of law enforcement authorities to assist in a search.

DOC 393.09(6)(b) (b) If a parent or other adult with whom a youth resides denies access to any part of the property or living quarters referred to in par. (a), the youth’s agent may require the youth to move to another placement approved by the department.

DOC 393.09(6)(c) (c) There is no requirement that there be any evidence that contraband is concealed in the property or living quarters of a youth before a search is conducted.

DOC 393.09(6)(d) (d) A supervisor shall approve a search before it occurs, unless exigent circumstances, such as suspicion that the youth will destroy contraband or use a weapon, require a search without approval.

DOC 393.09(6)(e) (e) Staff who conduct a search shall prepare a written report of the search which shall state all of the following: