DHS 95.06(2)(c)1.a. a. 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. The department staff member designated by the secretary shall serve as chairperson.
DHS 95.06(2)(c)1.b. b. Two members designated by the administrator, one of whom shall be a member of central office staff and one of whom shall be a member of the public.
DHS 95.06(2)(c)1.c. c. One member designated by the director of the facility, center or unit where the incident occurred, who is a member of the institution staff.
DHS 95.06(2)(c)2. 2. The panel shall submit a written report to the secretary. The report shall include a description of the incident and the panel's conclusion regarding whether the use of force complied with the policies and procedures adopted under this chapter.
DHS 95.06(3) (3)Incapacitating devices.
DHS 95.06(3)(a)(a) Staff may only use incapacitating devices approved by the department and only in compliance with this chapter and facility policies and procedures.
DHS 95.06(3)(b) (b) The director shall adopt policies and procedures consistent with this chapter for the control and issuance of incapacitating devices, including the chain of command for authorization to issue such devices.
DHS 95.06(3)(c) (c) Staff may only use incapacitating devices after successfully completing the training program under s. DHS 95.08.
DHS 95.06(3)(d) (d) As soon as possible after an incapacitating device has been used, staff shall consult with medical staff who shall provide appropriate medical care and provide the exposed person an opportunity to clean off any incapacitating agent that was used and to change clothing.
DHS 95.06(3)(e) (e) As soon as possible following the use of an incapacitating device, all staff present shall write and submit a written report to the director about the incident on a form approved by the director. The report shall include a description of the incident, the name of each person present during the incident, the incapacitating device that was used and any resultant physical health treatment that was required or provided.
DHS 95.06(4) (4)Hostages. Notwithstanding any other provision of this section, a staff member taken hostage has no authority to order use of force or any other action or inaction by staff.
DHS 95.06 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. (1) (b) (intro.) and (3) (d) Register March 2003 No. 567, eff. 4-1-03.
DHS 95.07 DHS 95.07Documentation. The director shall adopt written policies and procedures to ensure that all uses of force are documented in a manner approved by the department.
DHS 95.07 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02.
DHS 95.08 DHS 95.08Training.
DHS 95.08(1) (1) The director shall adopt written policies and procedures to ensure that facility staff who may be called upon to use force under s. DHS 95.06 are properly trained and regularly updated on the systematic progression of force policies and procedures adopted under s. DHS 95.06 (1) (a).
DHS 95.08(2) (2) Staff authorized to use firearms under s. DHS 95.06 (1) (c) and (2) shall attend a department-approved training and qualification program that includes instruction on all of the following:
DHS 95.08(2)(a) (a) Safe handling of firearms while on duty.
DHS 95.08(2)(b) (b) Legal use of firearms and the use of lethal force.
DHS 95.08(2)(c) (c) Facility policies and procedures regarding firearms.
DHS 95.08(2)(d) (d) Fundamentals of firearms use, including range firing.
DHS 95.08(2)(e) (e) In situations where firearms may be used, the manner in which they must be used, including the use of verbal warnings and warning shots.
DHS 95.08(3) (3) Staff authorized to use incapacitating devices under s. DHS 95.06 (1) (b) and (3) shall attend a department-approved training and qualification program that includes instruction on all of the following:
DHS 95.08(3)(a) (a) Safe handling of incapacitating devices.
DHS 95.08(3)(b) (b) Legal use of incapacitating devices and the use of less than lethal force.
DHS 95.08(3)(c) (c) Facility policies and procedures regarding incapacitating devices.
DHS 95.08(3)(d) (d) In situations where incapacitating devices may be used, the manner in which they must be used, including the use of verbal warnings.
DHS 95.08 History History: CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. (3) (b) Register March 2003 No. 567, eff. 4-1-03.
subch. III of ch. DHS 95 Subchapter III — Other Custody and Control Issues
DHS 95.10 DHS 95.10Escorted leaves for chapter 980 patients.
DHS 95.10(1)(1) Pursuant to s. 980.067, Stats., the director of the secure mental health facility established under s. 46.055, Stats., the Wisconsin resource center established under s. 46.056, Stats., or any secure mental health unit or facility provided by the department of corrections under s. 980.065 (2), Stats., may, at his or her discretion, allow a patient detained or committed under ch. 980, Stats., to leave the grounds of a facility under staff escort for a purpose consistent with the therapeutic interests of the patient and the security interests of the facility and the community, including any of the following:
DHS 95.10(1)(a) (a) To visit a dying or deceased relative under security conditions imposed by the facility director.
DHS 95.10(1)(b) (b) To receive medically necessary health services that are not available at the facility.
DHS 95.10(1)(c) (c) To engage in pre-placement activities when the patient has a proposed or approved supervised release plan under s. 980.08 (5), Stats.
DHS 95.10 Note Note: Section 980.08 (5), Stats., was repealed by 2005 Wis. Act 434.
DHS 95.10(2) (2) If the patient requests a visit under sub. (1) (a), the director shall base his or her decision upon consideration of all issues deemed pertinent by the director, including any of the following:
DHS 95.10(2)(a) (a) The degree of kinship between the patient and the person the patient is visiting.
DHS 95.10(2)(b) (b) The meaningfulness of the relationship between the patient and the person the patient is visiting.
DHS 95.10(2)(c) (c) The therapeutic interests of the patient.
DHS 95.10(2)(d) (d) The distance the patient would need to be transported.
DHS 95.10(2)(e) (e) The risks the patient poses to the community.
DHS 95.10(2)(f) (f) The recommendations of the patient's treatment team and the security director.
DHS 95.10(3) (3) The director shall determine the maximum duration of escorted leave and may impose other conditions appropriate to the safety of the community, security of the facility, or therapeutic interests of the patient.
DHS 95.10 History History: CR 02-112: cr. Register March 2003 No. 567, eff. 4-1-03.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.