Wisconsin Administrative Code › Department of Corrections › Chapter DOC 306 - Security › Appendix - APPENDIX

Current through June 24, 2024
Note:
				DOC
				306.05.
Some inmates wish to be confined
				because they fear for their safety. Protective confinement is permitted by this
				rule.
Maximum custody is used in this case for the inmate's safety.
				Because the status is not punitive, DOC attempts to provide normal property and
				privileges consistent with the place where the confinement occurs, but the
				inmate shall be allowed at least the privileges and property allowed in program
				segregation.
Note:
				DOC
				306.06.
Accurate counts are essential for
				security and recordkeeping. Given the variety among institutional schedules,
				each warden is given the responsibility to see to it that an accurate system
				exists and that it does not unduly interfere with programs.
Note:
				DOC
				306.07.
DOC
				306.07 states the purposes for which non-deadly force
				and deadly force may be used.
Situations arise in prison that must be controlled before
				substantial danger to others arises. The requirements for discipline and order
				in a prison and to prevent an escape give substantial responsibility to prison
				officials that may require the use of force to fulfill.
Sub. (2) states the circumstances in which non-deadly force may
				be used in a prison. This rule applies to correctional staff and not inmates.
				Inmates are not authorized to use force at any time by this rule.
A typical situation in which a correctional staff member would
				be authorized to use force in defense of another is if there was a fight
				between or among inmates. The correctional staff member must be authorized to
				use force to stop the fight. In so doing, it might be necessary to use force
				against someone who is not unlawfully interfering with another but who is
				lawfully defending himself or herself. This is so because, in a prison setting,
				correctional staff must have the authority to prevent disturbances without
				worrying about who is wrongfully fighting and who is acting in
				self-defense.
Sub. (2) (d) authorizes the use of force to change the location
				of an inmate. Occasionally, an inmate is ordered to be placed in a segregation
				unit and refuses to go. To maintain the orderly operation of the institution,
				staff may have to physically move an inmate from one place to another.
Sub. (2) (g) authorizes the use of force to enforce department
				rules, policies and procedures and staff member orders. A typical situation in
				which a correctional officer would be authorized to use force under this
				paragraph is if an inmate refuses to be strip-searched prior to entering the
				segregation unit. Without the strip search the inmate could be hiding a weapon
				that could be used by a self-destructive inmate to kill or severely injure
				himself or herself or someone else. If the inmate cannot be persuaded to obey
				the order, staff may use force to compel compliance.
Note:
				DOC
				306.08.
The use of firearms is subject to the
				limitations on the use of force in
				DOC
				306.07. This section reflects present policy of the
				department of corrections. Correctional staff in daily contact with inmates are
				not armed. Rather, officers who are posted in towers and in control centers are
				the only staff who are issued firearms, unless there is a disturbance or an
				emergency. Sub. (3).
Sub. (6) provides for the investigation of incidents in which a
				weapon is discharged. This investigation is for the purpose of administrative
				review and is not intended to take the place of an investigation conducted by
				another government agency.
Sub. (6) provides for investigation and reporting through the
				normal chain of command and for investigation and reporting by a special panel
				when anyone is killed or wounded by a firearm discharge. Because of the
				seriousness of such an event, it is desirable to include on the panel people
				from outside the department of corrections to insure that the investigation is
				conducted with the necessary objectivity.
Sub. (7) indicates that the warden must authorize staff before
				they may carry firearms off grounds. Correctional staff officers need not be
				deputized since "Correctional staff have authority and possess the power of a
				peace officer in pursuing and capturing escaped inmates." (OAG 103-79).
Note:
				DOC
				306.09.
DOC
				306.09 authorizes and regulates the use of
				incapacitating agents in adult correctional institutions.
As stated in sub. (2), this section regulates the use of
				incapacitating agents. Because incapacitating agents pose a risk of injury to
				others, staff may only use them in limited situations.
Subsection (3) identifies situations in which incapacitating
				agents may be used. Under this subsection, incapacitating agents may be used to
				regain control of an institution or part of an institution over which physical
				control has been lost during an emergency,
				DOC
				306.02(9), or disturbance,
				DOC
				306.02(7). "Part of an institution"
				may be a building or a small area like a room. Whether an incapacitating agent
				should be used in such a situation depends upon whether using the
				incapacitating agent is less hazardous for both the person seeking to use the
				incapacitating agent and the inmate than using other reasonable means to
				accomplish the purpose.
This rule requires appropriate medical care, if necessary, and
				an opportunity for hygienic care. "Exposed inmates" are not just those against
				whom the agent is used but those exposed to it because they are nearby. Medical
				examinations and cleaning may minimize the risk of permanent injury, and a
				change of clothes and bedding minimizes risks to the health of inmates from the
				residue of incapacitating agents as well as the discomfort they may
				cause.
The incident report for incapacitating agents in sub. (7)
				ensures adequate administrative notification and review of the use of
				incapacitating agents.
Note:
				DOC
				306.11.
DOC
				306.11 regulates the use of restraints to immobilize
				inmates. Restraining devices are permitted in three situations: to protect
				property; to protect others from an inmate; and to protect an inmate from
				himself or herself. The use for transporting is regulated by
				DOC
				306.10. While the use of restraints is never pleasant,
				it is sometimes more humane than other measures for controlling dangerous or
				disturbed people.
				DOC
				306.11 is designed to insure that restraining devices
				are used only when necessary, to regulate their use to insure that they are
				used humanely, and to adequately provide for the safety of inmates and
				correctional staff.
It is important that the authority to require restraining
				devices be centralized. For this reason, only the warden may order their
				continued use or removal after review of psychological or medical staff
				reports. Sub. (3) (a).
To avoid injury, it is necessary to have adequate staff to
				subdue the inmate.
Inmates placed in restraints are typically in need of
				counseling, time to calm down, and periodic monitoring to insure that the
				person is not being injured by the restraints. Furthermore, the decision to
				keep a person in restraints must be continually reviewed. Sub. (3) (a) and (b)
				provide for medical exams and monitoring to get the inmate the immediate help
				he or she needs that may permit the removal of the restraints, as well as a
				review of the necessity for them.
Sub. (3) (c) provides for the removal of the restraints for
				meals and to perform bodily functions when possible. This is to preserve the
				inmate's dignity, consistent with the safety of the inmate and staff.
Sub. (3) (e) requires an examination by a licensed psychologist
				or a designee acting under the supervision of a licensed psychologist, or a
				psychiatrist, and a member of the medical staff every 12 hours an inmate
				remains in restraints. This is to provide expert judgment about the need for
				restraints and to provide additional mental health services to the
				inmate.
Sub. (4) requires that DOC shall maintain and periodically
				review a supply of restraining devices. This is to insure that devices that
				might injure an inmate or permit escape are not used.
Note:
				DOC
				306.12.
DOC
				306.12 states the general policy that it is the
				responsibility of each staff member to take appropriate actions to prevent
				escapes. Appropriate action may include being alert and diligent, reporting
				observations and events, and may also include taking physical actions
				consistent with directed duty and training. Decisive action when signs of
				trouble exist is also important.
Note:
				DOC
				306.13.
Sub. (3) states that no hostage, no
				matter what his or her rank, has any authority while a hostage. A person under
				such stress cannot be expected to make decisions that affect himself or
				herself, the institution, or inmates. To permit a person to retain authority
				while a hostage is an invitation to take high ranking officials as
				hostages.
Note:
				DOC
				306.14.
DOC
				306.14 authorizes the search of institution premises
				at any time. Contraband, including drugs and weapons, are sometimes concealed
				in areas of general access, in workshops and in classrooms. Searches turn up
				contraband and also serve as a deterrent to bringing contraband into
				institutions.
Such searches must be performed randomly so that inmates may
				not move the contraband in anticipation of a search. DOC is not required to
				give a specific reason for conducting a search.
Note:
				DOC
				306.15.
DOC
				306.15 permits that each institution may be completely
				searched periodically. DOC has discovered contraband during these searches.
				This has convinced correctional officials of the desirability of such searches
				and of random area searches
These searches are to include the living quarters of inmates as
				good correctional practice.