Wis. Admin. Code Department of Corrections DOC 396.15 - Use of physical force
(1) ESCAPE. Whenever practical, staff shall
rely on law enforcement authorities when it is necessary to use force to
apprehend a type 2 status youth who has escaped. When it is not practical to
use law enforcement, staff may use physical force in accordance with this
section only if it is immediately necessary to stop a youth in the act of
escaping or to take a youth who has escaped into physical custody.
(2) CORPORAL PUNISHMENT. Staff may not impose
corporal punishment on any youth.
(3) AMOUNT OF PHYSICAL FORCE. Only reasonable
and the minimum necessary force may be used stop a youth in the act of escaping
or to apprehend a youth under s.
938.08(3),
Stats. Staff may not use excessive force. All of the following procedures apply
to the use of force to unless use of the procedures would facilitate an escape:
(a) Staff shall not attempt to physically
handle a youth until sufficient staff are present for a show of physical
force.
(b) Staff shall ask a youth
to voluntarily comply.
(c) If a
youth refuses to voluntarily comply, one or more staff may firmly grasp the
youth.
(d) Staff shall restrain a
youth as necessary for the protection of the youth or others or to transport
the youth.
(4) FOLLOW-UP
AFTER THE USE OF FORCE.
(a) After staff use
force on a youth under sub. (1), the youth and involved staff shall immediately
be checked by staff for injury. If the youth or staff have been injured, staff
shall immediately seek appropriate medical treatment of the injury. A
supervisor shall be notified immediately of the use of force and any injury to
youth or staff.
(b) The staff
shall promptly notify the department regarding the use of force, but not later
than 24 hours after the use of force. Staff involved in the incident shall
submit a written report describing the incident of use of force to a supervisor
within 24 hours of the incident. The report shall be included in the youth's
file. The report shall include all of the following:
1. The youth's full name and the date, time
and place force was used against the youth.
2. The name of all staff who used force
against the youth.
3. All of the
relevant facts related to the incident, including all facts related to the
procedures required by sub. (3).
4.
The reason for using force.
5. The
names of all persons who observed the use of force and their written accounts
of the occurrence or a report of their accounts.
Notes
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