Wis. Admin. Code Department of Corrections § DOC 306.09 - Use of incapacitating agents
(1) DEFINITION. In
this section "incapacitating agent" means any agent or device commercially
manufactured and approved by the department for the purpose of temporary
control of an inmate or area.
(2)
REGULATION. The use of an incapacitating agent is a form of non-deadly force
and is regulated by this section.
(3) AUTHORIZATION. Staff may use
incapacitating agents in any of the following situations:
(a) To prevent death or bodily injury to
oneself or another.
(b) To regain
control of an institution or part of an institution .
(c) To prevent escape or apprehend an
escapee.
(d) To change the location
of an inmate.
(e) To control a
disruptive inmate.
(f) To prevent
unlawful damage to property.
(g) To
enforce a departmental rule, policy or procedure or an order of a staff
member.
(4) APPLICATION.
Only a staff member trained under sub. (5) may use an incapacitating
agent.
(5) TRAINING. The division
shall provide an incapacitating agent training program that shall include
instruction on the following:
(a) Safe
handling of incapacitating agents while on duty.
(b) Legal use of incapacitating
agents.
(c) Division policies and
procedures regarding incapacitating agents.
(d) Fundamentals of use of incapacitating
agents.
(e) When incapacitating
agents may and shall be used.
(6) MEDICAL ATTENTION AND CLEAN-UP. As soon
as possible after an incapacitating agent has been used, staff shall provide
exposed inmates an opportunity for any necessary hygienic needs and shall
consult with medical staff who shall provide any appropriate medical
care.
(7) INCIDENT REPORT. As soon
as possible following the use of an incapacitating agent, staff shall write and
submit incident reports to their supervisor describing:
(a) The problem leading to the use of the
incapacitating agent;
(b) The steps
taken prior to the use of the incapacitating agent;
(c) Why those steps were
inadequate;
(d) Measures taken
following the use of the chemical agent.
Notes
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