Chapter DOC 394

DOC 394.08(4) (4) Apprehension. Staff approved by the department under s. 938.08 (3) (a), Stats., may take a youth who has escaped into physical custody.

DOC 394.08(5) (5) County. A type 2 CCI shall promptly notify a county agent from the supervising county whenever a type 2 status youth under the supervision of the county escapes.

DOC 394.08(6) (6) Referral for escape. A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by a county department to a district attorney for consideration of charges regarding the escape.

DOC 394.08 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.09 DOC 394.09 Use of physical force.

DOC 394.09(1) (1) Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, trained staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.

DOC 394.09(2) (2) Corporal punishment. Staff may not impose corporal punishment on any youth.

DOC 394.09(3) (3) Amount of physical force. Only reasonable and the minimum necessary force may be used stop a youth in the act of escaping or to apprehend a youth under s. 938.08 (3), Stats. Staff may not use excessive force. All of the following procedures apply to the use of force to unless use of the procedures would facilitate an escape:

DOC 394.09(3)(a) (a) Staff shall not attempt to physically handle a youth until sufficient trained staff are present for a show of physical force.

DOC 394.09(3)(b) (b) Staff shall ask a youth to voluntarily comply.

DOC 394.09(3)(c) (c) If a youth refuses to voluntarily comply, one or more trained staff may firmly grasp the youth.

DOC 394.09(3)(d) (d) Trained staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.

DOC 394.09(4) (4) Follow-up after the use of force.

DOC 394.09(4)(a) (a) After staff use force on a type 2 status youth under sub. (1), the youth and involved staff shall immediately be checked by staff for injury. If the youth or staff have been injured, staff shall immediately seek appropriate medical treatment of the injury. A supervisor shall be notified immediately of the use of force and any injury to youth or staff.

DOC 394.09(4)(b) (b) The type 2 CCI shall promptly notify the department and the county department having supervision over the youth of the use of force, but not later than 24 hours after the use of force. A written report describing the incident shall be submitted by staff involved in the use of force to a supervisor within 24 hours of the incident. The report shall be included in the youth’s file. The type 2 CCI shall send a copy of the written report to the department, the appropriate county department and the appropriate regional licensing office of the department of health and family services within 3 days of the incident. The report shall include all of the following:

DOC 394.09(4)(b)1. 1. The youth’s full name and the date, time and place force was used against the youth.

DOC 394.09(4)(b)2. 2. The name of all staff who used force against the youth.

DOC 394.09(4)(b)3. 3. All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).

DOC 394.09(4)(b)4. 4. The reason for using force.

DOC 394.09(4)(b)5. 5. The names of all persons who observed the use of force and their written accounts of the occurrence or a report of their accounts.

DOC 394.09 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 394.10 DOC 394.10 Mechanical restraints.

DOC 394.10(1) (1) General. Trained staff may use mechanical restraints only in accordance with this section.

DOC 394.10(2) (2) Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:

DOC 394.10(2)(a) (a) To stop a type 2 status youth in the act of escaping.

DOC 394.10(2)(b) (b) To transport a type 2 status youth who has escaped and been apprehended.

DOC 394.10(2)(c) (c) To temporarily restrain a type 2 status youth in the type 2 CCI until the youth can be transported to a secure detention facility, a mental health or medical facility or a type 1 secured correctional facility.

DOC 394.10(3) (3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

DOC 394.10(3)(a) (a) As a method of punishment.

DOC 394.10(3)(b) (b) About the head or neck of a youth.

DOC 394.10(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 394.10(3)(d) (d) To secure a youth to a motor vehicle.

DOC 394.10(4) (4) Mechanical restraint procedures.

DOC 394.10(4)(a) (a) Custody and transportation. When trained staff place a type 2 status youth in mechanical restraints to take the youth into custody and transport the youth after an escape or an attempted escape, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

DOC 394.10(4)(b) (b) Observation. Staff shall remain with a type 2 status youth placed in mechanical restraints at all times until the restraints are removed or until the youth is admitted to a place of secure confinement or is taken into custody by law enforcement authorities.

DOC 394.10(4)(c) (c) Services and privileges. A type 2 status youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. 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 394.10(4)(d) (d) Check for injury. When staff use mechanical restraints, the type 2 status 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 394.10(4)(e) (e) Record. When staff use mechanical restraints to take a type 2 status youth into physical custody, staff shall promptly notify a supervisor. The type 2 CCI shall promptly notify the department and the county department having supervision over the youth, but no later than 24 hours after the occurrence. A written report describing the incident shall be submitted by staff to a supervisor within 24 hours and included in the youth’s file. The type 2 CCI shall send a copy of the written report to the department or county department and to the appropriate regional licensing office of the department of health and family services within 3 days of the incident. The report shall include all of the following:

DOC 394.10(4)(e)1. 1. The youth’s full name, date, time and place the youth was placed in mechanical restraints.

DOC 394.10(4)(e)2. 2. The name of staff who placed the youth in restraints.

DOC 394.10(4)(e)3. 3. All relevant facts related to the incident that required the use of restraints.

DOC 394.10(4)(e)4. 4. The reason for placing the youth in restraints and a description of the restraints used.

DOC 394.10(4)(e)5. 5. A statement indicating when and under what circumstances the restraints were removed.

DOC 394.10(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 394.10 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.