Wisconsin Administrative Code
Department of Corrections
Chapter DOC 396 - Type 2 Secured Correctional Facilities
Section DOC 396.16 - Mechanical restraints

Universal Citation: WI Admin Code § DOC 396.16

Current through February 24, 2025

(1) GENERAL. Staff may use mechanical restraints only in accordance with this section.

(2) REASONS FOR USING MECHANICAL RESTRAINTS. Mechanical restraints may be used for any of the following purposes:

(a) To stop a youth in the act of escaping.

(b) To transport a youth who has escaped and been apprehended.

(c) To temporarily restrain youth until the youth can be transported to a secure detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(3) LIMITATIONS ON USE. Mechanical restraints may not be used in any of the following ways:

(a) As a method of punishment.

(b) About the head or neck of a youth.

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth.

(d) To secure a youth to a motor vehicle.

(4) MECHANICAL RESTRAINT PROCEDURES.

(a) Custody and transportation. When staff place a youth in mechanical restraints to take the youth into custody and transport the youth after an escape or an attempted escape, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(b) Observation. Staff shall remain with a youth placed in mechanical restraints at all times until the restraints are removed or until the youth is admitted to a place of secure confinement or is taken into custody by law enforcement authorities.

(c) Services and privileges. A youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

(d) Check for injury. When staff use mechanical restraints, staff shall check the youth for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

(e) Record. When staff use mechanical restraints to take a youth into physical custody, staff shall promptly notify a supervisor. The staff shall promptly notify the department no later than 24 hours after the occurrence. A written report describing the incident shall be submitted by staff to a supervisor within 24 hours and included in the youth's file. The report shall include all of the following:
1. The youth's full name, date, time and place the youth was placed in mechanical restraints.

2. The name of staff who placed the youth in restraints.

3. All relevant facts related to the incident that required the use of restraints.

4. The reason for placing the youth in restraints and a description of the restraints used.

5. A statement indicating when and under what circumstances the restraints were removed.

(5) EQUIPMENT. Staff shall only use mechanical restraints approved by the department. Staff shall examine the supply of mechanical restraints at least every 6 months. Any mechanical restraints which are excessively worn or which become defective through use shall be delivered to a supervisor to be destroyed.

(6) ANNUAL REPORT. Each regional chief shall submit an annual report to the administrator describing all incidents involving the use of mechanical restraints by program staff.

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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