DOC 306.08(6)(b) (b) A supervisor shall investigate the incident and submit a report to the warden. The supervisor shall state in the report all facts relevant to the discharge of the firearm and shall include the supervisor’s opinion as to whether the discharge was justified and occurred in accordance with this chapter. The warden shall send the reports required by par. (a) and this paragraph and the warden’s conclusions as to the justification for the discharge and whether it was in accordance with these rules to the administrator.

DOC 306.08(6)(c) (c) If a person is injured or killed by the discharge of a firearm, the department shall convene a firearm review panel to investigate the incident. The panel shall consist of 5 persons selected as follows:

DOC 306.08(6)(c)1. 1. Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.

DOC 306.08(6)(c)2. 2. Two members designated by the administrator, one of whom shall be a member of the central office staff and one of whom shall be a member of the public.

DOC 306.08(6)(c)3. 3. One member designated by the warden of the institution where the incident occurred, who is a member of the institution staff.

DOC 306.08(6)(d) (d) The panel shall submit a written report to the secretary that includes the facts relevant to the incident and an opinion as to whether this chapter was complied with relating to the use of force.

DOC 306.08(7) (7) Only staff authorized by the warden may carry firearms off the institution premises.

DOC 306.08 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.09 DOC 306.09 Use of incapacitating agents.

DOC 306.09(1) (1) Definition. In this section “incapacitating agent” means any agent or device commercially manufactured and approved by the department for the purpose of temporary control of an inmate or area.

DOC 306.09(2) (2) Regulation. The use of an incapacitating agent is a form of non-deadly force and is regulated by this section.

DOC 306.09(3) (3) Authorization. Staff may use incapacitating agents in any of the following situations:

DOC 306.09(3)(a) (a) To prevent death or bodily injury to oneself or another.

DOC 306.09(3)(b) (b) To regain control of an institution or part of an institution.

DOC 306.09(3)(c) (c) To prevent escape or apprehend an escapee.

DOC 306.09(3)(d) (d) To change the location of an inmate.

DOC 306.09(3)(e) (e) To control a disruptive inmate.

DOC 306.09(3)(f) (f) To prevent unlawful damage to property.

DOC 306.09(3)(g) (g) To enforce a departmental rule, policy or procedure or an order of a staff member.

DOC 306.09(4) (4) Application. Only a staff member trained under sub. (5)may use an incapacitating agent.

DOC 306.09(5) (5) Training. The division shall provide an incapacitating agent training program that shall include instruction on the following:

DOC 306.09(5)(a) (a) Safe handling of incapacitating agents while on duty.

DOC 306.09(5)(b) (b) Legal use of incapacitating agents.

DOC 306.09(5)(c) (c) Division policies and procedures regarding incapacitating agents.

DOC 306.09(5)(d) (d) Fundamentals of use of incapacitating agents.

DOC 306.09(5)(e) (e) When incapacitating agents may and shall be used.

DOC 306.09(6) (6) Medical attention and clean-up. As soon as possible after an incapacitating agent has been used, staff shall provide exposed inmates an opportunity for any necessary hygienic needs and shall consult with medical staff who shall provide any appropriate medical care.

DOC 306.09(7) (7) Incident report. As soon as possible following the use of an incapacitating agent, staff shall write and submit incident reports to their supervisor describing:

DOC 306.09(7)(a) (a) The problem leading to the use of the incapacitating agent;