Wisconsin Administrative Code › Department of Corrections › Chapter DOC 376 - Security in Type 1 secured correctional facilities › Section DOC 376.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Administrator" means the administrator of the division of juvenile corrections
			 or that person's designee.
(2)
			 "Bodily harm" means physical injury, illness or any impairment of physical
			 condition.
(3) "Body cavity search"
			 means a search conducted by a health services professional in which body
			 cavities are inspected by the entry of an object or fingers into body
			 cavities.
(4) "Body contents
			 search" means a search in which a youth is required to provide a sample which
			 includes, but is not limited to, deoxyribonucleic acid (DNA), urine, breath,
			 blood or stool for testing for the presence of intoxicating substances, as
			 defined in s.
			 DOC
			 373.46(1), in accordance with
			 division procedures and methods approved by the state laboratory of hygiene, or
			 to submit to a nonsurgical physical examination by medical staff which may
			 include, but is not limited to, x-rays for detecting contraband. Body contents
			 searches do not include examinations and tests requested by medical staff for
			 medical reasons.
(5) "Chemical
			 agent" means chloroacetophenone or "CN", o-chlorobenzyl malononitrile or "CS",
			 oleoresin of capsicum or "OC" or other commercially manufactured chemical
			 agents approved by the department for use as a non-deadly force.
(6) "Close confinement" means restriction of
			 a youth to the youth's assigned room or cell with a minimum of one hour per day
			 of out-of-room time.
(7)
			 "Contraband" has the meaning given in s.
			 DOC
			 373.03(6).
(8) "Deadly force" means force which the user
			 reasonably believes will create a substantial risk of causing death or great
			 bodily harm to another.
(9)
			 "Department" means the department of corrections.
(10) "Formal disciplinary hearing" means a
			 hearing for a youth as provided in s.
			 DOC
			 373.73.
(11) "Force" means the exercise of strength
			 or power to overcome resistance or to compel another to act or to refrain from
			 acting in a particular way. It includes the use of physical force and
			 mechanical restraints.
(12) "Full
			 body restraint" means a mechanical restraint used to simultaneously immobilize
			 legs, arms and torso.
(13) "Great
			 bodily harm" is bodily harm which creates a high probability of death or which
			 causes serious permanent disfigurement or which causes a permanent or
			 protracted loss or impairment of the function of any bodily member or organ or
			 other serious bodily injury.
(14)
			 "Health services professional" means a nurse, an advanced practice nurse
			 prescriber, a physician's assistant or a physician who are licensed or
			 certified to practice in Wisconsin.
(15) "Incapacitating device" means a
			 commercially manufactured device designed to incapacitate a person which is
			 approved by the department for use as a non-deadly force.
(16) "Institution" means a type 1 secured
			 correctional facility operated by the department.
(17) "Lockdown" means restriction of movement
			 and programs in the entire institution to control a situation regarding safety
			 or security of an institution.
(18)
			 "Medical staff" means physician, physician's assistant or nurse
			 practitioner.
(19) "Mechanical
			 restraint" means a commercially manufactured device approved by the department
			 and applied to a youth's wrist, arm, legs or torso to restrain or impede free
			 movement.
(20) "Non-deadly force"
			 means force which a user reasonably believes will not create a substantial risk
			 of causing death or great bodily harm to another.
(21) "Personal search" includes a search of a
			 person's pockets, frisking the body, an examination of shoes, coat and hat and
			 an inspection of the mouth.
(22)
			 "Reasonably believes" means that the actor believes that certain facts exist
			 and the belief, under the circumstances, is reasonable even though the belief
			 is erroneous.
(23) "Secretary"
			 means the secretary of the department of corrections or that person's
			 designee.
(24) "Staff" means a
			 state employee of the institution where a youth is housed.
(25) "Strip search" means a search in which a
			 person is required to remove clothes. Permissible inspection includes
			 examination of the person's body and clothing and visual inspection of body
			 cavities.
(26) "Superintendent"
			 means the superintendent of a type 1 secured correctional facility or that
			 person's designee.
(27)
			 "Supervisor" means staff designated by the superintendent to perform
			 supervisory functions under this chapter.
(28) "Type 1 secured correctional facility"
			 has the meaning given in s.
			 938.02(19),
			 Stats.
(29) "Youth" means a person
			 or persons supervised by the department in an institution consistent with the
			 requirements of law and regardless of age.