Current through August 26, 2024
(1) In this section, "issuance of firearms"
means the deployment of firearms to authorized individuals, as determined by
the warden, beyond designated armed posts in response to an emergency or
disturbance.
(2) Only the warden or
authority who is available may issue firearms to staff.
(3) Except in disturbances or emergencies,
only staff assigned to posts requiring the use of firearms shall possess a
firearm.
(4) Staff may only use
firearms approved by the department and only after successfully completing the
training program in sub. (5).
(5)
The division shall provide an annual firearms training and qualification
program which shall include instruction on the following:
(a) Safe handling of firearms while on
duty.
(b) Legal use of firearms and
the use of deadly force.
(c)
Division policies and procedures regarding firearms.
(d) Fundamentals of firearms use, including
range firing.
(e) When firearms may
and shall be used, including the use of verbal warnings and warning
shots.
(6) If a staff
member discharges a firearm pursuant to s.
DOC 306.07(4), either accidentally or
intentionally, the following procedure shall be followed:
(a) The staff member who discharged the
firearms shall notify his or her supervisor as soon as possible and shall write
and submit an incident report.
(b)
A supervisor shall investigate the incident and submit a report to the warden.
The supervisor shall state in the report all facts relevant to the discharge of
the firearm and shall include the supervisor's opinion as to whether the
discharge was justified and occurred in accordance with this chapter. The
warden shall send the reports required by par. (a) and this paragraph and the
warden's conclusions as to the justification for the discharge and whether it
was in accordance with these rules to the administrator.
(c) If a person is injured or killed by the
discharge of a firearm, the department shall convene a firearm review panel to
investigate the incident. The panel shall consist of 5 persons selected as
follows:
1. Two members designated by the
secretary, one of whom shall be a member of the public and one of whom shall be
a member of the department staff who shall serve as chairperson.
2. Two members designated by the
administrator, one of whom shall be a member of the central office staff and
one of whom shall be a member of the public.
3. One member designated by the warden of the
institution where the incident occurred, who is a member of the institution
staff.
(d) The panel
shall submit a written report to the secretary that includes the facts relevant
to the incident and an opinion as to whether this chapter was complied with
relating to the use of force.
(7) Only staff authorized by the warden may
carry firearms off the institution premises.
