Chapter DOC 306

DOC 306.09(1) (1) Definition. In this section “incapacitating agent” means any agent or device commercially manufactured and approved by the department for the purpose of temporary control of an inmate or area.

DOC 306.09(2) (2) Regulation. The use of an incapacitating agent is a form of non-deadly force and is regulated by this section.

DOC 306.09(3) (3) Authorization. Staff may use incapacitating agents in any of the following situations:

DOC 306.09(3)(a) (a) To prevent death or bodily injury to oneself or another.

DOC 306.09(3)(b) (b) To regain control of an institution or part of an institution.

DOC 306.09(3)(c) (c) To prevent escape or apprehend an escapee.

DOC 306.09(3)(d) (d) To change the location of an inmate.

DOC 306.09(3)(e) (e) To control a disruptive inmate.

DOC 306.09(3)(f) (f) To prevent unlawful damage to property.

DOC 306.09(3)(g) (g) To enforce a departmental rule, policy or procedure or an order of a staff member.

DOC 306.09(4) (4) Application. Only a staff member trained under sub. (5)may use an incapacitating agent.

DOC 306.09(5) (5) Training. The division shall provide an incapacitating agent training program that shall include instruction on the following:

DOC 306.09(5)(a) (a) Safe handling of incapacitating agents while on duty.

DOC 306.09(5)(b) (b) Legal use of incapacitating agents.

DOC 306.09(5)(c) (c) Division policies and procedures regarding incapacitating agents.

DOC 306.09(5)(d) (d) Fundamentals of use of incapacitating agents.

DOC 306.09(5)(e) (e) When incapacitating agents may and shall be used.

DOC 306.09(6) (6) Medical attention and clean-up. As soon as possible after an incapacitating agent has been used, staff shall provide exposed inmates an opportunity for any necessary hygienic needs and shall consult with medical staff who shall provide any appropriate medical care.

DOC 306.09(7) (7) Incident report. As soon as possible following the use of an incapacitating agent, staff shall write and submit incident reports to their supervisor describing:

DOC 306.09(7)(a) (a) The problem leading to the use of the incapacitating agent;

DOC 306.09(7)(b) (b) The steps taken prior to the use of the incapacitating agent;

DOC 306.09(7)(c) (c) Why those steps were inadequate;

DOC 306.09(7)(d) (d) Measures taken following the use of the chemical agent.

DOC 306.09 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.10 DOC 306.10 Use of mechanical restraints for transportation of inmates.

DOC 306.10(1) (1) Authorization. Staff members may use mechanical restraints if the warden determines that the use of mechanical restraints is necessary to protect the public, staff or other inmates or to maintain the security of the institution.

DOC 306.10(2) (2) Movement within institution. Staff may use mechanical restraints in the following situations if the warden determines that the use of mechanical restraints is necessary to protect the public, staff or other inmates or to maintain the security of the institution:

DOC 306.10(2)(a) (a) In transporting an inmate from within the institution to outside the institution.

DOC 306.10(2)(b) (b) In transporting an inmate to segregation or temporary lock-up status.

DOC 306.10(2)(c) (c) For an inmate who is in segregation or temporary lock-up status, while the inmate is outside his or her cell.

DOC 306.10(2)(d) (d) For other security reasons as determined by the warden.

DOC 306.10(3) (3) Movement outside institution. Staff may use mechanical restraints in transporting an inmate outside an institution.

DOC 306.10 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; CR 17-026: am. (3) Register June 2018, No. 750, eff. 7-1-18.

DOC 306.11 DOC 306.11 Use of mechanical restraints to immobilize inmates.

DOC 306.11(1) (1) Staff may use mechanical restraints to confine inmates only with the express authorization of the shift supervisor and only in the following circumstances:

DOC 306.11(1)(a) (a) To protect staff and inmates from an inmate who poses an immediate risk of physical injury to others unless restrained.

DOC 306.11(1)(b) (b) To protect an inmate who poses an immediate threat of physical injury to self unless restrained.

DOC 306.11(1)(c) (c) To protect property.

DOC 306.11(2) (2) Staff may not use mechanical restraints:

DOC 306.11(2)(a) (a) As a method of punishment.

DOC 306.11(2)(b) (b) In a way that causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the inmate.

DOC 306.11(3) (3) When staff places an inmate in a mechanical restraint, staff shall follow all of the following procedures:

DOC 306.11(3)(a) (a) The shift supervisor shall notify the licensed psychologist or designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff. They shall interview the inmate and arrange for a physical and mental examination as soon as possible. They shall make recommendations to the warden concerning the inmate’s continued placement in restraints. The warden shall evaluate the recommendations and decide if the inmate shall remain in restraints.

DOC 306.11(3)(b) (b) A staff member shall observe an inmate in restraints every 15 minutes.

DOC 306.11(3)(c) (c) If possible, staff may release an inmate from restraints to perform bodily functions and for meals. Three staff members, one of whom shall be a security supervisor, shall be present at the time of release.

DOC 306.11(3)(d) (d) The institution shall keep a record of inmates placed in restraints and it shall include:

DOC 306.11(3)(d)1. 1. The inmate’s full name, number, and date;

DOC 306.11(3)(d)2. 2. The names of the staff members and supervisor present when the inmate was placed in restraints;

DOC 306.11(3)(d)3. 3. The reasons for placing the inmate in restraints;

DOC 306.11(3)(d)4. 4. The times that the inmate was checked, the name of the person making the check, and comments on the individual’s behavior while in restraints;

DOC 306.11(3)(d)5. 5. The times the inmate was placed in restraints and removed; medication given; and

DOC 306.11(3)(d)6. 6. The names of staff visitors, the times of their visits, and any written comments they make.

DOC 306.11(3)(e) (e) The warden shall not allow an inmate to remain in restraints for longer than 12 hours, unless the inmate is examined by a licensed psychologist or a designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff who shall make a recommendation to the warden concerning the inmate’s continued placement in restraints. The institution shall conduct such an examination at least every 12 hours an inmate is in restraints. The warden shall notify the administrator of the decision to continue the use of restraints beyond 12 hours.

DOC 306.11(4) (4) The security director shall maintain a supply of restraining devices which staff shall periodically examine.

DOC 306.11 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.12 DOC 306.12 Duty of staff regarding escapes. Staff shall take actions to prevent the escape of any inmate.

DOC 306.12 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.13 DOC 306.13 Escapes.

DOC 306.13(1) (1) Each institution shall have a written plan to be implemented if an escape occurs or is attempted. The security director shall prepare this plan and shall review and update the plan yearly. A copy of the plan shall be filed with the administrator.

DOC 306.13(2) (2) As soon as possible following an escape, staff shall write and submit incident reports including:

DOC 306.13(2)(a) (a) The method of escape;

DOC 306.13(2)(b) (b) Who was involved in the escape;

DOC 306.13(2)(c) (c) A description of the escapee, including clothing worn;

DOC 306.13(2)(d) (d) Action taken by the institution, including procedures initiated;

DOC 306.13(2)(e) (e) Factors which may have contributed to the escape; and

DOC 306.13(2)(f) (f) The identification of persons who may have information about the escape.

DOC 306.13(3) (3) If a staff member is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by staff. Staff shall disregard any orders issued by a hostage.

DOC 306.13(4) (4) The institution shall coordinate the pursuit of escapees with law enforcement authorities.

DOC 306.13 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.14 DOC 306.14 Search of institution premises. A staff member may conduct a search of any area on the premises of a correctional institution.

DOC 306.14 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.15 DOC 306.15 Periodic search of entire institution. Warden may suspend or modify institution operations and authorize a search of all or part of institution premises.

DOC 306.15 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.16 DOC 306.16 Search of inmate living quarters.

DOC 306.16(1) (1) Staff may conduct a search of the living quarters of any inmate at any time. Entry into the living quarters of an inmate by a staff member to retrieve state property does not constitute a search of the living quarters of an inmate.

DOC 306.16(2) (2) The institution shall maintain a written record of all searches conducted under sub. (1), which shall include:

DOC 306.16(2)(a) (a) The identity of the staff member who conducted the search;

DOC 306.16(2)(b) (b) The date and time of the search;

DOC 306.16(2)(c) (c) The identity of the inmate whose living quarters were searched;

DOC 306.16(2)(d) (d) The reason for conducting the search. If the search was a random one, the report shall so state;

DOC 306.16(2)(e) (e) Any objects which were seized pursuant to the search; and

DOC 306.16(2)(f) (f) Whether any damage was done to the premises during the search.

DOC 306.16(3) (3) If staff seize any property or damage any property pursuant to the search of an inmate’s living quarters, staff shall identify the property to the inmate in writing. The institution shall reimburse the inmate for damage to any property that is not contraband. The institution shall value any property which is damaged at its fair market value, not replacement cost.

DOC 306.16(4) (4) In conducting searches under this section, staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

DOC 306.16(5) (5) Staff shall read only that part of the inmate’s legal materials as necessary to determine that the item is legal material and does not contain contraband.

DOC 306.16 History History: CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

DOC 306.17 DOC 306.17 Search of inmates.

DOC 306.17(1) (1) Personal search.

DOC 306.17(1)(a) (a) In this subsection, “personal search” means a search of a person, including, but not limited to, the clothing, frisking the body, and an inspection of the mouth.