DOC 328.17(2) (2) Offenders are eligible for discharge by the governor as provided by s. 973.013 (2), Stats.

DOC 328.17(3) (3) The department may not discharge an offender on lifetime supervision under s. 939.615, Stats.

DOC 328.17 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. (1), cr. (1m), am. (2), r. (4) Register October 2019 No. 766, eff. 11-1-19.

subch. III of ch. DOC 328 Subchapter III — Enforcement Options and Related Matters

DOC 328.18 DOC 328.18 Use of force. Whenever feasible, staff shall rely on law enforcement authorities to exercise force against offenders. When such assistance is not available, staff may use force subject to this section.

DOC 328.18(1) (1) Non-deadly force may be used by staff against offenders only if the user of force reasonably believes it is immediately necessary to realize one of the following objectives:

DOC 328.18(1)(a) (a) To prevent death or bodily harm to oneself or another.

DOC 328.18(1)(b) (b) To prevent unlawful damage to property, including damage that may result in death or bodily harm to oneself or another.

DOC 328.18(1)(c) (c) To prevent an offender from fleeing the control of a staff member.

DOC 328.18(1)(d) (d) To change the location of an offender.

DOC 328.18(2) (2) Staff may use deadly force only to prevent death or great bodily injury to oneself or another.

DOC 328.18(3) (3) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

DOC 328.18(4) (4) The use of excessive force is forbidden. Only as much force may be used as is reasonably necessary to achieve the objective.

DOC 328.18 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.19 DOC 328.19 Mechanical restraints.

DOC 328.19(1) (1) An employee may use mechanical restraints authorized by the department to restrain an offender only in accordance with the following:

DOC 328.19(1)(a) (a) To protect staff or others from an offender who poses an immediate risk of flight or physical injury to others.

DOC 328.19(1)(b) (b) To protect an offender who poses an immediate threat of physical injury to self.

DOC 328.19(1)(c) (c) To take an offender into custody.

DOC 328.19(1)(d) (d) To transport an offender while in custody.

DOC 328.19(2) (2) Mechanical restraints may not be used under any of the following circumstances:

DOC 328.19(2)(a) (a) As a method of punishment.

DOC 328.19(2)(b) (b) In a manner that intentionally causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the offender.

DOC 328.19(2)(c) (c) To restrain an offender to a vehicle.

DOC 328.19(3) (3) Staff shall monitor an offender in restraints at regular intervals until the restraints are removed or custody of the offender is transferred.

DOC 328.19(4) (4) Offenders should be released from restraints to perform bodily functions and for meals when the removal does not jeopardize safety and security.

DOC 328.19 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.20 DOC 328.20 Incapacitating agents. An employee may possess and use only those incapacitating agents and delivery systems approved by the department.

DOC 328.20(1) (1) Authorized use of incapacitating agents. An employee who is on duty may possess or use incapacitating agents only under the following conditions: