Wis. Admin. Code Department of Corrections § DOC 376.03 - Definitions

Current through November 29, 2021

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.

Notes

Wis. Admin. Code Department of Corrections § DOC 376.03
Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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