DOC 311.01DOC 311.01 Purpose. The purpose of this chapter is to provide for an involuntary or voluntary nonpunitive status to be used for the temporary confinement of an inmate to ensure the inmate’s safety and the safety of others if the inmate is mentally ill and dangerous, is dangerous to himself or herself, has a medical problem that requires separation from the population for treatment, or refuses testing for a communicable illness. This is consistent with the department’s goal of ensuring personal safety and security within an institution.

DOC 311.02DOC 311.02 Applicability. Pursuant to authority vested in the department of corrections under s. 227.11 (2), Stats., the department adopts this chapter which applies to the department, the division and all inmates in its legal custody. It interprets ss. 302.07, 302.08 and 302.36, Stats.

DOC 311.03DOC 311.03 Definitions. In this chapter:

DOC 311.03(1)(1) “Administrator” means the administrator, division of adult institutions, department of corrections, or his or her designee.

DOC 311.03(2)(2) “Clinical services staff member” means a clinician, crisis intervention worker, or psychological services associate employed by the department.

DOC 311.03(3)(3) “Clinician” means an individual trained as a clinical psychologist or an individual employed as a staff psychologist by the department.

DOC 311.03(4)(4) “Communicable illness” means an illness caused by a disease that the department of health services determines, under ch. DHS 145, to be communicable.

DOC 311.03(5)(5) “Crisis intervention worker” means a crisis intervention worker employed by the department or a psychologist designated by the warden to act as a crisis intervention worker.

DOC 311.03(8)(8) “Health services staff member” means a physician, registered nurse or physician’s assistant employed by the department.

DOC 311.03(9)(9) “Physician” means an individual licensed as a physician in the state of Wisconsin and employed by the department.

DOC 311.03(10)(10) “Secretary” means the secretary of the department of corrections, or his or her designee.

DOC 311.03(11)(11) “Security director” means the security director of an institution, or his or her designee.

DOC 311.03 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1998, No. 509; corrections in (4) made under s. 13.92 (4) (b) 6. and 7., Stats., Register June 2011 No. 666.

DOC 311.04DOC 311.04 Mental health placement.

DOC 311.04(1)(1) Observation for mental health purposes is an involuntary or a voluntary nonpunitive status used for the temporary confinement of an inmate to ensure the safety of the inmate or the safety of others. An inmate may be placed in observation for mental health purposes for one of the following reasons:

DOC 311.04(2)(2) An inmate is mentally ill if there is substantial evidence that the inmate has a substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life in an institution, but does not include alcoholism.

DOC 311.04(3)(3) An inmate is dangerous if there is a substantial probability that the inmate will cause physical harm to himself or herself or others as manifested by any of the following:

DOC 311.04(3)(b)(b) The reasonable belief of others that violent behavior and serious physical harm is likely to occur because of a recent overt act, attempt or threat to do such physical harm.