DOC 396.16(4)(e)1. 1. The youth’s full name, date, time and place the youth was placed in mechanical restraints.

DOC 396.16(4)(e)2. 2. The name of staff who placed the youth in restraints.

DOC 396.16(4)(e)3. 3. All relevant facts related to the incident that required the use of restraints.

DOC 396.16(4)(e)4. 4. The reason for placing the youth in restraints and a description of the restraints used.

DOC 396.16(4)(e)5. 5. A statement indicating when and under what circumstances the restraints were removed.

DOC 396.16(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 396.16(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.

DOC 396.16 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.17 DOC 396.17 Chemical agents and weapons.

DOC 396.17(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 396.17(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 396.17(2)(a) (a) If approved by the department.

DOC 396.17(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 396.17(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 396.17(3) (3) Approved products. Staff may carry and use only the delivery systems for oleoresin capsicum which are approved by the department.

DOC 396.17(4) (4) Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.

DOC 396.17(5) (5) Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

DOC 396.17(6) (6) Firearms or other weapons. Staff may not carry a firearm or other weapon while on duty.

DOC 396.17 History History: Cr. Register, June, 2000, No. 534, eff. 7-1-00.

DOC 396.18 DOC 396.18 Search and seizure.

DOC 396.18(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 396.18(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 396.18(1)(b) (b) “Property” means objects under a youth’s control, regardless of ownership.

DOC 396.18(2) (2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

DOC 396.18(2)(a) (a) When staff have a reasonable belief that a youth possesses contraband.

DOC 396.18(2)(b) (b) After the youth has been taken into custody and before transporting the youth.

DOC 396.18(2)(c) (c) Upon release from a secure detention center or type 1 secured correctional facility or other secured confinement.

DOC 396.18(2)(d) (d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

DOC 396.18(2)(e) (e) At random with the prior authorization of a supervisor.