Wis. Admin. Code Department of Corrections § DOC 376.08 - Use of incapacitating devices and chemical agents

Current through March 28, 2022

(1) REGULATION.
(a) Incapacitating devices or chemical agents may be used under the circumstances listed in s. DOC 376.07(3).
(b) In order to ensure that incapacitating devices and chemical agents are used appropriately, staff shall utilize the following use of force continuum, if feasible, before actually employing an incapacitating device or a chemical agent:
1. Make a video and sound recording of the events as authorized by the superintendent.
2. Communicate with the youth to calm the youth.
3. Wait a reasonable period of time, unless there is a risk of harm to the youth or another person, the situation would further escalate or waiting would threaten the security or safety of the institution.
4. Make a show of force to the youth.
5. Use the minimum non-deadly force that is reasonably necessary.
(c) When s. DOC 376.07(3) permits the use of force and staff know of a youth's history of violent behavior in similar situations and reasonably believe that the youth is about to become violent, an incapacitating device or chemical agent may be used after the procedure in par. (b) has been followed, but before the youth makes a credible threat to use physical force.
(d) Incapacitating devices or chemical agents may not be used by staff if any of the following apply:
1. It is clear that the incapacitating devices or chemical agents would have no physical effect on a youth.
2. It is medically contra-indicated for the youth or another person who would be affected.
(2) SELECTION. The incapacitating device or chemical agent most appropriate to the situation shall be used by staff, based on the manufacturer's recommendations and the training provided to the staff using the incapacitating device or chemical agent.
(3) APPLICATION. Only trained staff under the immediate supervision of a supervisor may employ incapacitating devices or chemical agents. Each institution shall ensure that staff authorized to use incapacitating devices or chemical agents are properly trained in their use.
(4) MEDICAL ATTENTION AND CLEAN-UP.
(a) As soon as possible after an incapacitating device or chemical agent has been used, staff shall apply corrective remedies as prescribed by the manufacturer to all youth and staff exposed to the incapacitating device or chemical agent and shall obtain medical assistance as needed for persons exposed. Staff shall provide individuals exposed to a chemical agent with an opportunity to shower and change clothes. If living quarters have been exposed to a chemical agent, staff shall require the area to be properly cleaned and bedding and mattresses to be changed and thoroughly cleaned before being reuse.
(b) Staff shall promptly notify medical personnel of a youth's exposure to a chemical agent. Medical personnel shall determine if medical assistance is required.
(c) When area clean up is necessary, staff shall follow directions as prescribed by the manufacturer.
(5) INCIDENT REPORT.
(a) As soon as possible after an incapacitating device or chemical agent has been used, all staff who were involved shall submit an incident report to the superintendent and the administrator. A monthly report of the use of incapacitating devices and chemical agents shall be submitted by each institution to the administrator.
(b) Each incident report shall include all of the following:
1. The youth's name, the date and time of the incident, names of staff present when the incapacitating device or chemical agent was used, reasons for using the incapacitating device or chemical agent and treatment given.
2. A description of the incident which caused the use of the incapacitating device or chemical agent.
3. The steps taken prior to the use of the incapacitating device or chemical agent and why those steps did not control the incident.
4. The type of incapacitating device or chemical agent used and method of application.
5. The youth's response to the incapacitating device or chemical agent.
6. Any actions taken following the use of the incapacitating device or chemical agent.

Notes

Wis. Admin. Code Department of Corrections § DOC 376.08
Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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