DOC 306.07(3)(3) The use of an incapacitating agent is a form of non-deadly force and is regulated by s. DOC 306.09.

DOC 306.07(4)(4) Staff may use deadly force only if the user of force reasonably believes it is immediately necessary for the purpose of stopping the action and achieving the following:

DOC 306.07(4)(a)(a) Preventing death or bodily injury to oneself or another.

DOC 306.07(4)(b)(b) Preventing unlawful damage to property that may result in death or bodily injury to oneself or another.

DOC 306.07(4)(c)(c) Regaining control of an institution or part of an institution.

DOC 306.07(4)(d)(d) Preventing escape or apprehend an escapee.

DOC 306.07(5)(5) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

DOC 306.08(1)(1) In this section, “issuance of firearms” means the deployment of firearms to authorized individuals, as determined by the warden, beyond designated armed posts in response to an emergency or disturbance.

DOC 306.08(3)(3) Except in disturbances or emergencies, only staff assigned to posts requiring the use of firearms shall possess a firearm.

DOC 306.08(4)(4) Staff may only use firearms approved by the department and only after successfully completing the training program in sub. (5).

DOC 306.08(5)(5) The division shall provide an annual firearms training and qualification program which shall include instruction on the following:

DOC 306.08(5)(a)(a) Safe handling of firearms while on duty.

DOC 306.08(5)(b)(b) Legal use of firearms and the use of deadly force.

DOC 306.08(5)(c)(c) Division policies and procedures regarding firearms.

DOC 306.08(5)(d)(d) Fundamentals of firearms use, including range firing.

DOC 306.08(5)(e)(e) When firearms may and shall be used, including the use of verbal warnings and warning shots.

DOC 306.08(6)(6) If a staff member discharges a firearm pursuant to s. DOC 306.07 (4), either accidentally or intentionally, the following procedure shall be followed:

DOC 306.08(6)(a)(a) The staff member who discharged the firearms shall notify his or her supervisor as soon as possible and shall write and submit an incident report.

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.