Section 346.49. Control.

  The operational plan under s. DOC 346.04 shall contain policies and procedures for the control of juveniles, including all of the following components:

(1)   Cell confinement.

(a) If a juvenile's behavior presents a serious risk of harm to self or others or if a juvenile presents a serious risk to security, the juvenile may be confined to his or her own cell for purposes of control and shall be referred to health care professionals as soon as possible if appropriate. The juvenile shall be released as soon as the danger has ended. Cell confinement for control for more than one hour shall require the approval of the superintendent or designee. If the juvenile is held in cell confinement for more than one hour, the superintendent or designee shall personally visit the confined juvenile before the juvenile has been confined for 6 hours, excluding hours between 8:00 p.m. to 7:00 a.m., and at least once every 6 hours thereafter until the juvenile is released from cell confinement. Documentation of cell confinement and required approvals shall be made a part of the juvenile's record.

(b) A juvenile may be confined to his or her own cell for discipline or control only as follows:

1. There may be no additional loss of privileges, and reading, recreational and educational materials shall be provided unless there is reason to believe that these materials will be damaged or their presence presents a danger to the juvenile.

2. No juvenile may be placed in cell confinement for more than 24 consecutive hours without medical authorization based on a finding that further confinement will not harm the juvenile.

3. A written or electronic log of cell confinements shall be recorded and maintained.

4. A juvenile may not be placed in confinement in a cell designed for the administrative or disciplinary segregation of adults.

(2)   Use of restraints and control devices.

(a) Instruments of restraint, such as handcuffs, leg irons, restraint chairs, and straight jackets may not be applied as treatment or punishment. Restraints and control devices may only be used with the approval of the superintendent for prevention of escape during transfer, for medical reasons by direction of a health care professional, or to prevent juvenile self-injury, injury to others, or property damage.

(b) Instruments of restraint may not be applied for more time than is necessary to achieve the purposes under par. (a) .

(c) Staff shall examine restraints and other control devices to assure proper use and operation. Staff shall not use restraints or other control devices which are defective or excessively worn.

(d) Documentation of use of restraints and control devices shall include the reason for and duration of use.

(e) Officer and other staff shall receive training on the use of restraints and control devices under s. DOC 346.21 (2) .

History: CR 09-039 : cr. Register October 2010 No. 658 , eff. 11-1-10.