Section 311.09. Review of dangerousness to self.

 

(1)  If, in the opinion of the attending clinician, crisis intervention worker or physician, an inmate in observation is in need of placement in observation longer than 15 working days from the examination under s. DOC 311.05 , the attending clinician, crisis intervention worker or physician shall refer the decision to the administrator for review.

(2)  The administrator shall assign a psychologist from an institution other than the institution seeking the continued observation placement to conduct the review, to examine the inmate and to review the documentation of the case.

(3)  The review shall include all of the following:

(a) Reasons for belief of dangerousness to himself or herself.

(b) Reasons for need for continued placement in observation.

(c) Reasons alternative interventions are inappropriate or inadequate.

(4)  The assigned psychologist shall do all of the following:

(a) Submit a written report of the examination.

(b) Review the records and findings regarding dangerousness to himself or herself.

(c) Determine the need for continued placement in observation.

(d) Determine the availability of alternative interventions.

(5)  The inmate and his or her advocate, if one is chosen, shall receive a copy of all of the following:

(a) The documentation of the review of continued commitment.

(b) The findings of the review of continued commitment.

(c) The referral for review of dangerousness to himself or herself.

(d) The report of the appointed evaluator.

(6)  The inmate and the advocate may respond in writing within 5 working days to any or all of the following information:

(a) The allegations of dangerousness to himself or herself.

(b) The need for continued placement in observation.

(c) The availability of alternative interventions.

(7)  The assigned psychologist shall decide whether an inmate is dangerous to himself or herself and whether the inmate is in need of continued placement in observation. The reasons for the decision shall be given to the inmate in writing within 2 working days after the decision is made.

(8)  An assigned psychologist shall conduct a review of dangerousness to self of an inmate in mental health observation at least once every 30 working days to determine whether the inmate is dangerous to himself or herself, and the procedures for review shall be followed.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98.