Section 306.09. Use of incapacitating agents.

 

(1)   Definition. In this section "incapacitating agent" means any agent or device commercially manufactured and approved by the department for the purpose of temporary control of an inmate or area.

(2)   Regulation. The use of an incapacitating agent is a form of non-deadly force and is regulated by this section.

(3)   Authorization. Staff may use incapacitating agents in any of the following situations:

(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, policy or procedure or an order of a staff member.

(4)   Application. Only a staff member trained under sub. (5) may use an incapacitating agent.

(5)   Training. The division shall provide an incapacitating agent training program that shall include instruction on the following:

(a) Safe handling of incapacitating agents while on duty.

(b) Legal use of incapacitating agents.

(c) Division policies and procedures regarding incapacitating agents.

(d) Fundamentals of use of incapacitating agents.

(e) When incapacitating agents may and shall be used.

(6)   Medical attention and clean-up. As soon as possible after an incapacitating agent has been used, staff shall provide exposed inmates an opportunity for any necessary hygienic needs and shall consult with medical staff who shall provide any appropriate medical care.

(7)   Incident report. As soon as possible following the use of an incapacitating agent, staff shall write and submit incident reports to their supervisor describing:

(a) The problem leading to the use of the incapacitating agent;

(b) The steps taken prior to the use of the incapacitating agent;

(c) Why those steps were inadequate;

(d) Measures taken following the use of the chemical agent.

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