Wisconsin Administrative Code
Department of Corrections
Chapter DOC 311 - Observation Status
Section DOC 311.04 - Mental health placement

Universal Citation: WI Admin Code ยง DOC 311.04

Current through August 26, 2024

(1) Observation for mental health purposes is an involuntary or a voluntary nonpunitive status used for the temporary confinement of an inmate to ensure the safety of the inmate or the safety of others. An inmate may be placed in observation for mental health purposes for one of the following reasons:

(a) The inmate is mentally ill and dangerous to himself or herself or others.

(b) The inmate is dangerous to himself or herself.

(2) An inmate is mentally ill if there is substantial evidence that the inmate has a substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life in an institution, but does not include alcoholism.

(3) An inmate is dangerous if there is a substantial probability that the inmate will cause physical harm to himself or herself or others as manifested by any of the following:

(a) Recent homicidal or other violent behavior.

(b) The reasonable belief of others that violent behavior and serious physical harm is likely to occur because of a recent overt act, attempt or threat to do such physical harm.

(c) Serious self-destructive behavior or a threat of such behavior.

(d) The inability to cope with life in the institution to the degree that himself or herself or others are thereby endangered.

(4) An inmate may be placed in observation by any of the following:

(a) A clinician, crisis intervention worker or physician.

(b) The warden.

(c) A registered nurse or physician's assistant, if a person under par. (a) is not available for consultation either directly or by telephone.

(d) The security director or shift captain if a clinician, crisis intervention worker or physician is not available for consultation either directly or by telephone.

(5) Any staff member or inmate may recommend to any person authorized to place an inmate in observation that an inmate be placed in observation under sub. (4). The staff member or inmate shall state the reasons for the recommendation and describe the inmate's conduct that underlies the recommendation.

(6) At the time of placement the inmate shall be informed orally of the reasons for placement.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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