Wisconsin Administrative Code
Department of Corrections
Chapter DOC 376 - Security in Type 1 secured correctional facilities
Section DOC 376.09 - Mechanical restraints

Universal Citation: WI Admin Code § DOC 376.09

Current through February 24, 2025

Mechanical restraints, including handcuffs, may only be used if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others and must be removed immediately when the threat of harm or safety concern has abated. The use of mechanical restraints shall be consistent with the provisions of this section and subject to all of the following:

(1) Under all circumstances, there is a presumption that youth shall not be mechanically restrained.

(2) No mechanical restraint device other than handcuffs may be used on youth while they are in the facility except under any of the following conditions:

(a) When ordered by psychology staff to attempt to prevent active self-harm.

(b) If the youth poses an immediate and substantial threat of physical harm to others.

(c) During transportation additional restraints such as waist chains or leg restraints may be used when necessary to prevent an imminent threat of harm to youth or others.

(3) Mechanical restraints shall never be used for punishment or discipline.

(4) Youth may never be restrained to a fixed object unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

(5) Only staff trained in the use of physical force, mechanical restraints, and de-escalation techniques may place a youth in mechanical restraints.

(6) Mechanical restraints may be used during transportation when there is a documented reason to prevent an imminent threat of physical harm to others.

(7) When youth are being transported for release to a nonlocked environment, restraints may not be used unless to prevent a threat of harm to youth or staff or both.

(8) Any use of mechanical restraints, except during transportation or authorized by psychology staff, shall be authorized by a supervisor.

(9) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth's behavior and any staff interventions shall be documented at least every 45 minutes, with the actual time of the observation or intervention recorded.

(10) Facility staff must document all uses of restraints in the facility, including a description of the events leading up to the use of restraints, the less restrictive alternatives attempted, and the length of time the youth spent in restraints.

(11) Mechanical restraints in excess of 45 minutes may be used only if all of the following apply:

(a) The use is approved by the superintendent, safety director or designee.

(b) The use is approved by psychology staff.

(c) The superintendent and psychology staff shall review use every 45 minutes thereafter.

(12) When psychology staff approves additional 45 minutes of mechanical restraint use, as soon as possible and no later than 2 hours following this approval, psychology staff shall evaluate the youth and provide therapeutic interventions to the youth as needed.

(13) Full body restraints may be used only for the following reasons with authorization from the superintendent in consultation with psychology staff:

(a) To protect a youth who poses an immediate threat of physical injury to self unless placed in full body restraints.

(b) To protect a youth in a health emergency that requires full body restraints.

(c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless placed in full body restraints.

(14) When staff place a youth in full body restraints under sub. (13) (a) to (c), all of the following apply:

(a) The shift supervisor shall be present and shall notify the superintendent, a health services professional and the psychologist on call.

(b) A minimum of 3 staff shall be present when the youth is placed in full body restraints.

(c) A video and audio recording shall be made as directed by the superintendent.

(d) A staff psychologist or psychiatrist shall arrange for an on-site evaluation within 2 hours after the application of full body restraints.

(e) The psychologist or psychiatrist shall recommend to the superintendent whether the youth should remain in full body restraints and what actions should be taken to protect the youth.

(f) A health services professional shall conduct a physical examination as soon as possible, but not later than one hour after application of full body restraints. A physical examination shall be conducted every 4 hours thereafter by a health services professional.

(g) Staff shall directly and continuously observe a youth immobilized in full body restraints.

(h) Youth may be partially released from full body restraints if it is safe to do so to perform bodily functions and for meals. Three staff members, one of whom shall be a supervisor, shall be present before and during the release.

(i) The youth shall be released immediately if it becomes apparent that full body restraints present a medical risk to the youth.

(15) Facility staff must document all uses of full body restraints in the facility, including a description of the events leading up to the use of full body restraints, the less restrictive alternatives attempted, and the length of time the youth spent in full body restraints. Staff shall also document:

(a) The name of the staff making the observation and comments on the youth's condition and behavior while in full body restraints.

(b) The dates and times that the youth was observed by clinical staff, a health services professional or a licensed psychologist or psychiatrist, the recommendations made by those persons and whether staff implemented the recommendations.

(c) Medication given and the time it was given.

(16) The superintendent may authorize partial or complete release from full body restraints at any time.

(17) No youth may be immobilized in full body restraints for longer than 12 hours, unless the youth is examined by a psychologist, psychiatrist or the crisis intervention worker, who shall make a written recommendation to the superintendent as to whether the youth should continue to remain in full body restraints. An examination by a psychologist, psychiatrist or crisis intervention leader shall occur thereafter at least every 12 hours that a youth is in full body restraints. The superintendent may authorize the use of restraints for more than 12 hours. The superintendent shall notify the administrator of the decision to continue the use of full body restraints beyond 12 hours and every 12 hours thereafter.

(18) Staff shall initiate a transfer to a mental health facility under s. 51.35 (3), Stats., if appropriate. Staff shall not retain a youth in full body restraints under sub. (13) (a) to (c) for more than 24 hours, unless a transfer to a mental health facility has been initiated by the facility.

(19) A monthly report concerning each incident involving the use of full body restraints shall be submitted by the superintendent to the administrator.

(20) Facilities shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.

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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