Wisconsin Administrative Code
Department of Corrections
Chapter DOC 333 - Intensive Sanctions
Section DOC 333.16 - Oleoresin of capsicum, firearms and other weapons

Universal Citation: WI Admin Code ยง DOC 333.16

Current through February 26, 2024

(1) OLEORESIN OF CAPSICUM. For the purpose of this section, "oleoresin of capsicum" means the oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

(2) USE OF OLEORESIN OF CAPSICUM. An employee may carry or use oleoresin of capsicum, as permitted under s. 941.26(4) (a), Stats., while on duty, only under the following conditions:

(a) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

(b) While acting in self-defense or defense of a third person, as allowed under ss. 941.26(4) (c) 1 and 939.48, Stats.

(c) Toward an offender, another person or an animal.

(3) PROHIBITED USE. An employee may not use oleoresin of capsicum under [any of] the following:

(a) Against another employee, except for training purposes.

(b) Toward an offender merely because the offender refuses to follow orders.

(c) Merely to cause bodily harm or bodily discomfort.

(4) APPROVED PRODUCTS. An employee shall carry and use only products and delivery systems approved by the department.

(5) MEDICAL CARE. An employee shall immediately provide medical attention to the person exposed to oleoresin of capsicum.

(6) DOCUMENTATION. The employee involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

(7) FIREARMS OR OTHER WEAPONS. No employee may carry or use a firearm or other weapons while on duty, except as permitted under s. DOC 333.16(2).

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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