Section 306.07. Use of force.

 

(1)  Corporal punishment of inmates is forbidden.

(2)  Staff may use non-deadly force against inmates only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes:

(a) To prevent death or bodily injury to oneself or another.

(b) To regain control of an institution or part of an institution.

(c) To prevent escape or apprehend an escapee.

(d) To change the location of an inmate.

(e) To control a disruptive inmate.

(f) To prevent unlawful damage to property.

(g) To enforce a departmental rule, a policy or procedure or an order of a staff member.

(3)  The use of an incapacitating agent is a form of non-deadly force and is regulated by s. DOC 306.09 .

(4)  Staff may use deadly force only if the user of force reasonably believes it is immediately necessary for the purpose of stopping the action and achieving the following:

(a) Preventing death or bodily injury to oneself or another.

(b) Preventing unlawful damage to property that may result in death or bodily injury to oneself or another.

(c) Regaining control of an institution or part of an institution.

(d) Preventing escape or apprehend an escapee.

(5)  Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

CR 00-079 : cr. Register July 2001, No. 547 eff. 8-1-01.