Wisconsin Administrative Code
Department of Corrections
Chapter DOC 328 - Community Supervision Of Offenders
Subchapter III - Enforcement Options and Related Matters
Section DOC 328.18 - Use of force

Universal Citation: WI Admin Code ยง DOC 328.18

Current through August 26, 2024

Whenever feasible, staff shall rely on law enforcement authorities to exercise force against offenders. When such assistance is not available, staff may use force subject to this section.

(1) Non-deadly force may be used by staff against offenders only if the user of force reasonably believes it is immediately necessary to realize one of the following objectives:

(a) To prevent death or bodily harm to oneself or another.

(b) To prevent unlawful damage to property, including damage that may result in death or bodily harm to oneself or another.

(c) To prevent an offender from fleeing the control of a staff member.

(d) To change the location of an offender.

(2) Staff may use deadly force only to prevent death or great bodily injury to oneself or another.

(3) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

(4) The use of excessive force is forbidden. Only as much force may be used as is reasonably necessary to achieve the objective.

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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