Wis. Admin. Code Department of Corrections DOC 376.09 - Mechanical restraints
Mechanical restraints, including handcuffs, may only be used if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others and must be removed immediately when the threat of harm or safety concern has abated. The use of mechanical restraints shall be consistent with the provisions of this section and subject to all of the following:
(1) Under all circumstances, there is a
presumption that youth shall not be mechanically restrained.
(2) No mechanical restraint device other than
handcuffs may be used on youth while they are in the facility except under any
of the following conditions:
(a) When ordered
by psychology staff to attempt to prevent active self-harm.
(b) If the youth poses an immediate and
substantial threat of physical harm to others.
(c) During transportation additional
restraints such as waist chains or leg restraints may be used when necessary to
prevent an imminent threat of harm to youth or others.
(3) Mechanical restraints shall never be used
for punishment or discipline.
(4)
Youth may never be restrained to a fixed object unless specifically ordered by
a qualified mental health professional to attempt to prevent active self-harm.
(5) Only staff trained in the use
of physical force, mechanical restraints, and de-escalation techniques may
place a youth in mechanical restraints.
(6) Mechanical restraints may be used during
transportation when there is a documented reason to prevent an imminent threat
of physical harm to others.
(7)
When youth are being transported for release to a nonlocked environment,
restraints may not be used unless to prevent a threat of harm to youth or staff
or both.
(8) Any use of mechanical
restraints, except during transportation or authorized by psychology staff,
shall be authorized by a supervisor.
(9) A staff person shall be assigned to
monitor a youth who is placed in mechanical restraints and shall remain in
continuous auditory and visual contact with the youth. Observations of the
youth's behavior and any staff interventions shall be documented at least every
45 minutes, with the actual time of the observation or intervention
recorded.
(10) Facility staff must
document all uses of restraints in the facility, including a description of the
events leading up to the use of restraints, the less restrictive alternatives
attempted, and the length of time the youth spent in restraints.
(11) Mechanical restraints in excess of 45
minutes may be used only if all of the following apply:
(a) The use is approved by the
superintendent, safety director or designee.
(b) The use is approved by psychology
staff.
(c) The superintendent and
psychology staff shall review use every 45 minutes thereafter.
(12) When psychology staff
approves additional 45 minutes of mechanical restraint use, as soon as possible
and no later than 2 hours following this approval, psychology staff shall
evaluate the youth and provide therapeutic interventions to the youth as
needed.
(13) Full body restraints
may be used only for the following reasons with authorization from the
superintendent in consultation with psychology staff:
(a) To protect a youth who poses an immediate
threat of physical injury to self unless placed in full body
restraints.
(b) To protect a youth
in a health emergency that requires full body restraints.
(c) To protect staff, youth or other persons
from a youth who poses an immediate risk of physical injury to others unless
placed in full body restraints.
(14) When staff place a youth in full body
restraints under sub. (13) (a) to (c), all of the following apply:
(a) The shift supervisor shall be present and
shall notify the superintendent, a health services professional and the
psychologist on call.
(b) A minimum
of 3 staff shall be present when the youth is placed in full body
restraints.
(c) A video and audio
recording shall be made as directed by the superintendent.
(d) A staff psychologist or psychiatrist
shall arrange for an on-site evaluation within 2 hours after the application of
full body restraints.
(e) The
psychologist or psychiatrist shall recommend to the superintendent whether the
youth should remain in full body restraints and what actions should be taken to
protect the youth.
(f) A health
services professional shall conduct a physical examination as soon as possible,
but not later than one hour after application of full body restraints. A
physical examination shall be conducted every 4 hours thereafter by a health
services professional.
(g) Staff
shall directly and continuously observe a youth immobilized in full body
restraints.
(h) Youth may be
partially released from full body restraints if it is safe to do so to perform
bodily functions and for meals. Three staff members, one of whom shall be a
supervisor, shall be present before and during the release.
(i) The youth shall be released immediately
if it becomes apparent that full body restraints present a medical risk to the
youth.
(15) Facility
staff must document all uses of full body restraints in the facility, including
a description of the events leading up to the use of full body restraints, the
less restrictive alternatives attempted, and the length of time the youth spent
in full body restraints. Staff shall also document:
(a) The name of the staff making the
observation and comments on the youth's condition and behavior while in full
body restraints.
(b) The dates and
times that the youth was observed by clinical staff, a health services
professional or a licensed psychologist or psychiatrist, the recommendations
made by those persons and whether staff implemented the
recommendations.
(c) Medication
given and the time it was given.
(16) The superintendent may authorize partial
or complete release from full body restraints at any time.
(17) No youth may be immobilized in full body
restraints for longer than 12 hours, unless the youth is examined by a
psychologist, psychiatrist or the crisis intervention worker, who shall make a
written recommendation to the superintendent as to whether the youth should
continue to remain in full body restraints. An examination by a psychologist,
psychiatrist or crisis intervention leader shall occur thereafter at least
every 12 hours that a youth is in full body restraints. The superintendent may
authorize the use of restraints for more than 12 hours. The superintendent
shall notify the administrator of the decision to continue the use of full body
restraints beyond 12 hours and every 12 hours thereafter.
(18) Staff shall initiate a transfer to a
mental health facility under s.
51.35 (3),
Stats., if appropriate. Staff shall not retain a youth in full body restraints
under sub. (13) (a) to (c) for more than 24 hours, unless a transfer to a
mental health facility has been initiated by the facility.
(19) A monthly report concerning each
incident involving the use of full body restraints shall be submitted by the
superintendent to the administrator.
(20) Facilities shall maintain a supply of
commercially manufactured mechanical restraints approved by the department. The
mechanical restraints shall be periodically examined and any excessively worn
or defective mechanical restraints shall be removed from the supply and
destroyed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.