In this chapter:
"Administrator" means the administrator of the division of juvenile corrections
or that person's designee.
"Bodily harm" means physical injury, illness or any impairment of physical
(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
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.
, 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
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.
(8) "Deadly force" means force which the user
reasonably believes will create a substantial risk of causing death or great
bodily harm to another.
"Department" means the department of corrections.
"Formal disciplinary hearing" means a
hearing for a youth as provided in s.
(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
body restraint" means a mechanical restraint used to simultaneously immobilize
legs, arms and torso.
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.
"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.
"Medical staff" means physician, physician's assistant or nurse
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
(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.
"Reasonably believes" means that the actor believes that certain facts exist
and the belief, under the circumstances, is reasonable even though the belief
means the secretary of the department of corrections or that person's
(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
means the superintendent of a type 1 secured correctional facility or that
"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.
(29) "Youth" means a person
or persons supervised by the department in an institution consistent with the
requirements of law and regardless of age.