All searches were conducted in May 2018.
28 CFR Part 552, Subpart C governs the Use of Force and Application of Restraints on Inmates. Section 552.22, in particular, states: 28 CRF § 552.22 Principles governing the use of force and application of restraints. (a) Staff ordinarily shall first attempt to gain the inmate's voluntary cooperation before using force.
(b) Force may not be used to punish an inmate.
(c) Staff shall use only that amount of force necessary to gain control of the inmate. Situations when an appropriate amount of force may be warranted include, but are not limited to:
(1) Defense or protection of self or others;
(2) Enforcement of institutional regulations; and
(3) The prevention of a crime or apprehension of one who has committed a crime.
(d) Where immediate use of restraints is indicated, staff may temporarily apply such restraints to an inmate to prevent that inmate from hurting self, staff, or others, and/or to prevent serious property damage. When the temporary application of restraints is determined necessary, and after staff have gained control of the inmate, the Warden or designee is to be notified immediately for a decision on whether the use of restraints should continue.
(e) Staff may apply restraints (for example, handcuffs) to the inmate who continues to resist after staff achieve physical control of that inmate, and may apply restraints to any inmate who is placed under control by the Use of Force Team Technique. If an inmate in a forcible restraint situation refuses to move to another area on his own, staff may physically move that inmate by lifting and carrying the inmate to the appropriate destination.
(f) Restraints should remain on the inmate until self-control is regained.
(g) Except when the immediate use of restraints is required for control of the inmate, staff may apply restraints to, or continue the use of progressive restraints on, an inmate while in a cell in administrative detention or disciplinary segregation only with approval of the Warden or designee.
(h) Restraint equipment or devices (e.g., handcuffs) may not be used in any of the following ways:
(1) As a method of punishing an inmate.
(2) About an inmate's neck or face, or in any manner which restricts blood circulation or obstructs the inmate's airways.
(3) In a manner that causes unnecessary physical pain or extreme discomfort.
(4) To secure an inmate to a fixed object, such as a cell door or cell grill, except as provided in § 552.24. (i) Medication may not be used as a restraint solely for security purposes.
(j) All incidents involving the use of force and the application of restraints (as specified in § 552.27) must be carefully documented. The Department was unable to locate any federal regulations addressing patient/offender release.
Comparison with rules in adjacent states
All searches were conducted in May 2018.
Illinois
Illinois Admin. Code tit. 59 § 299.350 of the states:
a) Use of Force
1) Force shall be employed only as a last resort or when other means are unavailable or inadequate, and only to the degree reasonably necessary to achieve a permitted purpose. Department staff shall not employ deadly force.
2) Use of force shall be terminated as soon as force is no longer necessary.
3) Medical screening and/or care shall be conducted following any use of force that results in bodily injury.
4) Corporal punishment is prohibited.
b) Force may be used under the following circumstances:
1) To compel compliance with a lawful order given by an employee to ensure the safety and security of the facility.
2) To protect oneself or any other person from physical assaults, injury or death.
3) To prevent escapes from the facility or from the custody of employees in the community.
4) To protect State property or the property of others from unauthorized use, possession, damage or destruction.
5) To prevent or suppress a riot, revolt, mutiny or insurrection, or other serious disturbance.
The Department was unable to locate administrative rules governing patient/offender leaves.
Iowa
IAC Rules 201.38.1-4 address sex offender management and treatment. However these rules do not include provisions related to the use of force. IAC Rule 201.20.12 and Iowa’s Department of Corrections policy IS-RL-04 discuss the availability of “Furloughs” for certain types of offenders, but exclude sex offenders in particular and in all cases prohibit out-of-state leaves.
Michigan
Michigan Admin. Code r. 791.706 states:
Use of force.
Rule 6. A facility shall establish and maintain written policy, procedure, and practice which restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, and prevention of escapes, and then only as a last resort and in accordance with appropriate statutory authority. Physical force shall not be used as punishment. A written report is prepared after force is used and is submitted to administrative staff for review.
Policy directive 04.05.110 from the Michigan Department of Corrections, which addresses Use of Force, is exempt from public disclosure.
The Department was unable to locate administrative rules governing patient/offender leaves. However, policy direction 04.04.140 from the Michigan Department of Corrections, addresses “Funeral and Sick Bed Visits.” These visits are restricted to in-state destinations.
Minnesota
Minnesota Rules ch. 2965 addresses Adult Sex Offender Treatment. However, these rules do not discuss the use of force, or patient/offender leaves. Part 2920.5700 § E. states: “physical force shall be used only in instances of justifiable self-protection, protection of others, and prevention of property damage, and only to the degree necessary to control the situation. The action taken shall be documented and placed on file.”
Summary of factual data and analytical methodologies
The Department did not rely on factual data or analytical methodologies in preparing the proposed rule. Revisions are intended to conform to outdated provisions to existing practices and to improve risk management.
Analysis and supporting documents used to determine effect on small business
None. The proposed rules do not impact small businesses.
Effect on small business
None.
Statement on quality of agency data
The Department did not rely on data in developing the proposed rule. Revisions are intended to conform to outdated provisions to existing practices and to improve risk management.
Agency contact person
Mike Derr
Phone: (608) 267-7704
Place where comments are to be submitted and deadline for submission
Comments on the proposed rules may be submitted by accessing the department’s rules site, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Once a public hearing has been scheduled, additional commenting will be enabled through the Wisconsin State Legislature’s site, at http://docs.legis.wisconsin.gov/code. The notice of pubic hearing and the deadline for submitting comments will be published both to the department’s rules site, and in the Administrative Register. RULE TEXT
