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 HistoryHistory: Cr. Register, June, 2000, No. 534, eff. 7-1-00.
DOC 396.18DOC 396.18Search 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.
DOC 396.18(2)(f)(f) At the direction of a supervisor.
DOC 396.18(3)(3)Strip search.
DOC 396.18(3)(a)(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.
DOC 396.18(3)(b)(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.
DOC 396.18(3)(c)(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.
DOC 396.18(4)(4)Body contents search.
DOC 396.18(4)(a)(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.
DOC 396.18(4)(b)(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.
DOC 396.18(4)(c)(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.
DOC 396.18(4)(d)(d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.
DOC 396.18(4)(e)(e) X-rays may be conducted only by licensed radiology personnel.
DOC 396.18(5)(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:
DOC 396.18(5)(a)(a) The observations of staff.