DOC 376.09(14)(i)(i) The youth shall be released immediately if it becomes apparent that full body restraints present a medical risk to the youth.
DOC 376.09(15)(15)Facility staff must document all uses of full body restraints in the facility, including a description of the events leading up to the use of full body restraints, the less restrictive alternatives attempted, and the length of time the youth spent in full body restraints. Staff shall also document:
DOC 376.09(15)(a)(a) The name of the staff making the observation and comments on the youth’s condition and behavior while in full body restraints.
DOC 376.09(15)(b)(b) The dates and times that the youth was observed by clinical staff, a health services professional or a licensed psychologist or psychiatrist, the recommendations made by those persons and whether staff implemented the recommendations.
DOC 376.09(15)(c)(c) Medication given and the time it was given.
DOC 376.09(16)(16)The superintendent may authorize partial or complete release from full body restraints at any time.
DOC 376.09(17)(17)No youth may be immobilized in full body restraints for longer than 12 hours, unless the youth is examined by a psychologist, psychiatrist or the crisis intervention worker, who shall make a written recommendation to the superintendent as to whether the youth should continue to remain in full body restraints. An examination by a psychologist, psychiatrist or crisis intervention leader shall occur thereafter at least every 12 hours that a youth is in full body restraints. The superintendent may authorize the use of restraints for more than 12 hours. The superintendent shall notify the administrator of the decision to continue the use of full body restraints beyond 12 hours and every 12 hours thereafter.
DOC 376.09(18)(18)Staff shall initiate a transfer to a mental health facility under s. 51.35 (3), Stats., if appropriate. Staff shall not retain a youth in full body restraints under sub. (13) (a) to (c) for more than 24 hours, unless a transfer to a mental health facility has been initiated by the facility.
DOC 376.09(19)(19)A monthly report concerning each incident involving the use of full body restraints shall be submitted by the superintendent to the administrator.
DOC 376.09(20)(20)Facilities shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.
DOC 376.09 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00 ; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25; correction in (18), (20) made under s. 35.17, Stats., Register February 2025 No. 830.
DOC 376.10DOC 376.10Escapes.
DOC 376.10(1)(1)Plan. The facility shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:
DOC 376.10(1)(a)(a) Reporting the escape to the superintendent and the administrator.
DOC 376.10(1)(b)(b) Staff communication.
DOC 376.10(1)(c)(c) Notification to local and committing county law enforcement authorities.
DOC 376.10(1)(d)(d) Notification to the community, consistent with s. 938.51 (1r), Stats.
DOC 376.10 NoteNote: There is no statutory requirement for notification to the community in the event of escape.
DOC 376.10(1)(e)(e) Pursuit of the escapee.
DOC 376.10(1)(f)(f) An immediate count of all youth.
DOC 376.10(1)(g)(g) A search of the facility and grounds.
DOC 376.10(1)(h)(h) An investigation into the background, mail and visitors list of the escaped youth.
DOC 376.10(1)(i)(i) An accessible list of the names, addresses and phone numbers of off-duty staff members.
DOC 376.10(1)(j)(j) The operation of essential posts.
DOC 376.10(1)(k)(k) Securing tools and any implement that may be fashioned into a weapon.
DOC 376.10(1)(L)(L) Victim notification, if requested under s. 938.51 (4), Stats.
DOC 376.10(1)(m)(m) The preservation of any evidence relevant to the escape and the chain of evidence.
DOC 376.10(1)(n)(n) The repair of any facilities damaged in the escape.
DOC 376.10(1)(o)(o) The responsibility of staff after an escape.