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:

DOC 328.20(1)(a) (a) After successfully completing a department approved training program for use of incapacitating agents.

DOC 328.20(1)(b) (b) While acting in self-defense or defense of a third person.

DOC 328.20(2) (2) Contamination response. An employee using incapacitating agents shall provide an exposed person an opportunity for necessary medical attention.

DOC 328.20(3) (3) Documentation. The employee using incapacitating agents shall document its use according to department policy and procedure.

DOC 328.20 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.21 DOC 328.21 Firearms or other weapons. No employee of the division may possess or use a firearm or other weapons while on duty, except as permitted under s. DOC 328.23.

DOC 328.21 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.22 DOC 328.22 Search and seizure; pat-down.

DOC 328.22(1) (1) General policy. A search of an offender, the offender’s living quarters or property, or seizure of the offender’s body contents may be made at any time, but only in accordance with this section. Strip searches or body cavity searches are prohibited. For purposes of this section, the mouth is not a body cavity.

DOC 328.22(2) (2) Justification. A search or seizure is appropriate and consistent with the goals and objectives of supervision under any of the following circumstances:

DOC 328.22(2)(a) (a) When an employee has reasonable grounds to believe the offender possesses contraband or evidence of a rule violation on or within his or her person or property.