Wisconsin Administrative Code
Department of Corrections
Chapter DOC 394 - Type 2 Child Caring Institutions
Section DOC 394.09 - Use of physical force

Universal Citation: WI Admin Code ยง DOC 394.09

Current through August 26, 2024

(1) ESCAPE. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, trained staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.

(2) CORPORAL PUNISHMENT. Staff may not impose corporal punishment on any youth.

(3) AMOUNT OF PHYSICAL FORCE. Only reasonable and the minimum necessary force may be used stop a youth in the act of escaping or to apprehend a youth under s. 938.08(3), Stats. Staff may not use excessive force. All of the following procedures apply to the use of force to unless use of the procedures would facilitate an escape:

(a) Staff shall not attempt to physically handle a youth until sufficient trained staff are present for a show of physical force.

(b) Staff shall ask a youth to voluntarily comply.

(c) If a youth refuses to voluntarily comply, one or more trained staff may firmly grasp the youth.

(d) Trained staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.

(4) FOLLOW-UP AFTER THE USE OF FORCE.

(a) After staff use force on a type 2 status youth under sub. (1), the youth and involved staff shall immediately be checked by staff for injury. If the youth or staff have been injured, staff shall immediately seek appropriate medical treatment of the injury. A supervisor shall be notified immediately of the use of force and any injury to youth or staff.

(b) The type 2 CCI shall promptly notify the department and the county department having supervision over the youth of the use of force, but not later than 24 hours after the use of force. A written report describing the incident shall be submitted by staff involved in the use of force to a supervisor within 24 hours of the incident. The report shall be included in the youth's file. The type 2 CCI shall send a copy of the written report to the department, the appropriate county department and the appropriate regional licensing office of the department of health and family services within 3 days of the incident. The report shall include all of the following:
1. The youth's full name and the date, time and place force was used against the youth.

2. The name of all staff who used force against the youth.

3. All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).

4. The reason for using force.

5. The names of all persons who observed the use of force and their written accounts of the occurrence or a report of their accounts.

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