Wisconsin Legislature: DOC 393.09(2)(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.

(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.

(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.

(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.

(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.

(4) Body contents search.

(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.

(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.

(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.

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

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

(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:

(a) Observations of staff.

(b) Information provided by a reliable informant.

(6) Search of living quarters and property.

(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.

(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.

(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.

(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.

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

1. The identity of staff who conducted the search and the supervisor who approved it.

2. The date and time of the search.

3. The identity of the youth whose residence or property was searched.

4. The location of the property which was searched.

5. The reason for conducting the search and whether the search was a random search.

6. Any objects that were seized pursuant to the search.

7. Whether any damage was done to the premises during the search.

(f) If any objects were seized or property was damaged during the search of a youth’s property or living quarters, the youth shall be informed in writing. A youth shall be reimbursed for the repair or replacement of damaged property that is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

(g) Staff shall confiscate items believed to be contraband and report those items to the appropriate law enforcement authorities. Contraband shall be disposed of consistent with s. DOC 376.18.

(h) In conducting a search, staff shall disturb the effects of a youth as little as possible, consistent with thoroughness.

(i) Staff shall not read legal materials belonging to a youth during a search.

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

DOC 393.10 Custody and transporting.

(1) General. Staff may request that law enforcement authorities take a youth into custody and transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility whenever practical. When assistance is not available, staff may take a youth into custody and transport the youth in accordance with this section.

(2) Transporting. When staff takes a youth custody, the youth shall be transported as soon as practical.

(3) Personnel. Staff shall transport a youth in a secure manner to a secure facility and adequate staff shall supervise the transport consistent with department policies and procedures.

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

DOC 393.11 Finding of violation. A youth may be found to have violated a conduct rule or a court-ordered condition of aftercare under s. DOC 393.05 if any of the following applies:

(1) The youth committed the conduct prohibited by the conduct rule or court-ordered condition.

(2) The youth was convicted or was adjudicated delinquent for violating a criminal law or municipal ordinance.

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

DOC 393.12 Staff response to alleged violation.

(1) Investigation. An agent who has reason to believe that a youth violated a conduct rule or court-ordered condition of aftercare shall investigate the matter. The investigation shall include an interview with the youth to discuss the alleged violation within a reasonable period of time after the agent becomes aware of the allegation.

(2) Action. If following the investigation under sub. (1), the agent concludes that a youth committed a violation, the agent shall take one of the following actions:

(a) Counseling.

1. ‘Procedure.’ If the violation is minor and does not present a substantial or immediate risk to the community or the youth, the agent may review the conduct rules and court-ordered conditions of aftercare with the youth, inform the youth why the conduct is a violation and direct the youth to take corrective action. Counseling may be the appropriate course of action if any of the following apply:

a. The youth is unfamiliar with the conduct rule or court-ordered condition.

b. The youth has not previously violated the same or a closely related conduct rule or court-ordered condition.

c. The youth is unlikely to repeat the behavior if warned and counseled.

d. The youth’s ability to understand the conduct rules or court-ordered conditions is limited or impaired.

e. Summary disposition or revocation is not appropriate.

2. ‘Record.’ The agent shall place a brief written record in the youth’s supervision file that describes the youth’s violation and the counseling the agent provided to the youth.

(b) Summary disposition.

1. ‘Procedure.’ The agent may inform the youth that the youth’s conduct is in violation of a conduct rule or court-ordered condition of aftercare and do one or more of the following:

a. Explain the conduct rules and court-ordered conditions and warn the youth that further violations may result in revocation of the youth’s aftercare.

b. Modify or supplement the conduct rules.

c. Require the youth to take corrective action.