Wisconsin Administrative Code
Department of Corrections
Chapter DOC 346 - Secure Detention For Juveniles
Subchapter VIII - Discipline
Section DOC 346.49 - Control
Universal Citation: WI Admin Code ยง DOC 346.49
Current through August 26, 2024
The operational plan under s. DOC 346.04 shall contain policies and procedures for the control of juveniles, including all of the following components:
(1) CELL CONFINEMENT.
(a) If a juvenile's behavior presents a
serious risk of harm to self or others or if a juvenile presents a serious risk
to security, the juvenile may be confined to his or her own cell for purposes
of control and shall be referred to health care professionals as soon as
possible if appropriate. The juvenile shall be released as soon as the danger
has ended. Cell confinement for control for more than one hour shall require
the approval of the superintendent or designee. If the juvenile is held in cell
confinement for more than one hour, the superintendent or designee shall
personally visit the confined juvenile before the juvenile has been confined
for 6 hours, excluding hours between 8:00 p.m. to 7:00 a.m., and at least once
every 6 hours thereafter until the juvenile is released from cell confinement.
Documentation of cell confinement and required approvals shall be made a part
of the juvenile's record.
(b) A
juvenile may be confined to his or her own cell for discipline or control only
as follows:
1. There may be no additional
loss of privileges, and reading, recreational and educational materials shall
be provided unless there is reason to believe that these materials will be
damaged or their presence presents a danger to the juvenile.
2. No juvenile may be placed in cell
confinement for more than 24 consecutive hours without medical authorization
based on a finding that further confinement will not harm the
juvenile.
3. A written or
electronic log of cell confinements shall be recorded and maintained.
4. A juvenile may not be placed in
confinement in a cell designed for the administrative or disciplinary
segregation of adults.
(2) USE OF RESTRAINTS AND CONTROL DEVICES.
(a) Instruments of restraint, such as
handcuffs, leg irons, restraint chairs, and straight jackets may not be applied
as treatment or punishment. Restraints and control devices may only be used
with the approval of the superintendent for prevention of escape during
transfer, for medical reasons by direction of a health care professional, or to
prevent juvenile self-injury, injury to others, or property damage.
(b) Instruments of restraint may not be
applied for more time than is necessary to achieve the purposes under par. (a).
(c) Staff shall examine restraints
and other control devices to assure proper use and operation. Staff shall not
use restraints or other control devices which are defective or excessively
worn.
(d) Documentation of use of
restraints and control devices shall include the reason for and duration of
use.
(e) Officer and other staff
shall receive training on the use of restraints and control devices under s.
DOC 346.21(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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