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(c) A request for recreation time shall be made by an inmate in writing to his or her agent. All recreation time shall have prior approval by DIS staff and shall be included in the inmate’s schedule. The request shall include the following:
1. Date and starting and ending time of recreation activity.
2. Specific location of recreation.
3. Names of persons involved in the recreation activity.
4. Description of the recreation activity.
(d) An inmate may lose the privilege of participating in recreation activities through the disciplinary process under s. DOC 333.08.
(6) Property.
(a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and the inmate’s rules of supervision.
(b) An inmate in a DIS placement may possess any personal property except:
1. Property which is prohibited by state, federal or local law or this chapter.
2. An alcohol beverage as defined in s. 125.02 (1), Stats., or a controlled substance as defined in s. 961.01 (4), Stats., which was not prescribed by an approved physician.
3. Any item designed exclusively to be used as a weapon or to be used in the manufacture of a weapon.
4. Drug paraphernalia, as defined in s. DOC 303.44.
5. Obscene material, as defined in s. DOC 309.05 (6) (c) 8.
Note: DOC 309.05 (6) (c) 8. was repealed eff. 10-1-98.
6. Property which is prohibited by the inmate’s rules of supervision.
(c) Items not permitted under this section or under an inmate’s rules of supervision are contraband. An inmate may be subject to discipline for possessing contraband. The items may be seized in accordance with the procedure in s. DOC 303.10, except that contraband shall not be disposed of, if a violation report will be or has been issued, until the procedures in s. DOC 333.08 have been completed.
(7) Inmate contacts. Special conditions may be placed on an inmate’s contacts while in a DIS placement, including mail, visits and telephone if, in the discretion of DIS staff, it will be helpful to the rehabilitation of the inmate or the protection of the public. Communication with the courts or the parties identified in s. DOC 309.04 (4) shall not be restricted.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (6) (b) 2. and (7) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.
DOC 333.14 Use of force. The use of force on inmates in DIS placements shall comply with s. DOC 306.07, modified as follows:
(1) In addition to the conditions for use of non-deadly force under s. DOC 306.07 (2), non-deadly force may be used by DIS staff against a DIS inmate if the user of force reasonably believes it is necessary to prevent the inmate from fleeing the control of the correctional staff member.
(2) Deadly force may not be used by DIS staff against a DIS inmate except to prevent death or great bodily injury to oneself or another.
(3) If the DIS inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.
DOC 333.15 Mechanical restraints.
(1) Mechanical restraints which may be used on inmates in DIS placements are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain and leg restraints.
(2) Mechanical restraints may be used only in the following circumstances:
(a) To protect staff or others from a DIS inmate who poses an immediate risk of flight or physical injury to others unless restrained.
(b) To protect a DIS inmate who poses an immediate threat of physical injury to himself or herself unless restrained.
(c) To protect staff when staff is conducting a search of the inmate’s residence.
(d) When taking a DIS inmate into custody.
(e) To transport a DIS inmate.
(3) Mechanical restraints may not be used:
(a) As a method of punishment.
(b) About the head or neck of an inmate.
(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate.
(d) To restrain an inmate to a moving vehicle.
(4) A DIS staff member shall observe a DIS inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.
(5) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.
(6) A written record shall be made each time the inmate is placed in restraints. The record shall include:
(a) The inmate’s full name, number, and the date and time the inmate was placed in restraints.
(b) The name of the staff member who placed the inmate in restraints.
(c) The reason for placing the inmate in restraints.
(d) A statement indicating when and under what circumstances the restraints were removed.
(7) DIS staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.
(8) If the DIS inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.16 Oleoresin of capsicum, firearms and other weapons.
(1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means the oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.
(2) Use of oleoresin of capsicum. An employee may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a), Stats., while on duty, only under the following conditions:
(a) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.
(b) While acting in self-defense or defense of a third person, as allowed under ss. 941.26 (4) (c) 1. and 939.48, Stats.
(c) Toward an offender, another person or an animal.
(3) Prohibited use. An employee may not use oleoresin of capsicum under [any of] the following:
(a) Against another employee, except for training purposes.
(b) Toward an offender merely because the offender refuses to follow orders.
(c) Merely to cause bodily harm or bodily discomfort.
(4) Approved products. An employee shall carry and use only products and delivery systems approved by the department.
(5) Medical care. An employee shall immediately provide medical attention to the person exposed to oleoresin of capsicum.
(6) Documentation. The employee involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.
(7) Firearms or other weapons. No employee may carry or use a firearm or other weapons while on duty, except as permitted under s. DOC 333.16 (2).
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; r. and recr. Register, April, 1997, No. 496, eff. 5-1-97.
DOC 333.17 Escapes.
(1) Plan. The administrator shall develop and annually review and update a written plan to be implemented if an escape occurs from a DIS placement. The plan shall provide for all of the following:
(a) If DIS staff believe that an inmate may have escaped because the inmate has left an assigned area, or has not returned to the DIS residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or DIS staff have received other relevant information, DIS staff shall attempt to contact the inmate.
(b) If DIS staff believe, for the reasons set forth in par. (a), the inmate has escaped or if an inmate is 4 or more hours late returning to the DIS residence without authorization from appropriate DIS staff, DIS staff shall communicate an apprehension request on the inmate to law enforcement agencies.
(c) After an apprehension request has been made for the inmate, the escape shall be reported orally and in writing to the administrator.
(d) DIS staff shall notify the administrator and law enforcement agencies orally and in writing when an inmate who has escaped is apprehended.
(2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known:
(a) The method of escape.
(b) Who was involved in the escape.
(c) A description of the escapee, including clothing worn.
(d) Action taken by DIS staff.
(e) A brief evaluation of the factors which may have contributed to the escape.
(f) The identification of persons who may have information about the escape.
(3) Order to duty. In the event of an escape, the administrator may order any off-duty staff member to duty.
(4) Authority of hostage. If a DIS staff member, including the administrator, is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by DIS staff. Any orders issued by a hostage shall be disregarded by the DIS staff.
History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.
DOC 333.18 Search of DIS inmate’s residence.
(1) A search of a DIS inmate’s residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate’s control, may be made at any time by any DIS staff member. There is no requirement that there be any evidence that contraband is concealed in the residence before a search is conducted.
(2) Before the search occurs, it shall be approved orally or in writing by a DIS supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.
(3) There shall be a written report of all searches conducted under sub. (1). This report shall be prepared by the DIS staff who conducted the search. The report shall state:
(a) The identity of the DIS staff who conducted the search and the supervisor who approved it.
(b) The date and time of the search.
(c) The identity of the inmate whose residence or property was searched.
(d) The location of the property which is searched.
(e) The reason for conducting the search. If the search was a random search, the report shall state that fact.
(f) Any objects which were seized pursuant to the search.
(g) Whether any damage was done to the premises during the search.
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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.