Section 376.07. Use of physical force.

 

(1)  Corporal punishment of youth is not permitted. This prohibition allows no exceptions.

(2)  Only the minimum force that is reasonably necessary to achieve a proper objective may be used. Excessive force shall not be used.

(3)  Staff may use non-deadly force against youth only if the user of force reasonably believes that it is immediately necessary to accomplish one of the following purposes:

(a) To subdue a youth who poses an immediate threat of bodily harm or death to oneself or another.

(b) To regain control of all or part of an institution during a disturbance as defined in s. DOC 376.20 or an emergency as defined in s. DOC 376.21 .

(c) To prevent the escape of a youth.

(d) To control a disruptive or dangerous youth who threatens the security of an institution.

(e) To apprehend a youth who has escaped from an institution.

(f) To change the location of a youth who refuses to cooperate and the refusal threatens the security of the institution.

(4)  Staff may use the minimum physical force reasonably necessary to apprehend or gain control of a youth. Minimum force shall be exercised in the following way, if reasonably possible:

(a) Staff shall not attempt to physically handle a youth until sufficient staff are present for a show of physical force.

(b) Staff shall ask a youth to voluntarily return or to voluntarily cease the threatening or disruptive behavior.

(c) If a youth refuses to voluntarily comply, one or more staff may physically restrain the youth.

(d) Staff shall restrain a youth as necessary for the protection of the youth or others.

(5)  After the use of non-deadly force, the youth and staff who were involved shall be checked for injury, medical services provided as appropriate and a written report submitted to the superintendent regarding any medical services provided.

(6)  If force is used, each staff member involved shall submit a separate written report regarding the apprehension to the superintendent.

(7)  Staff may use deadly force only if staff reasonably believe that its use is immediately necessary to prevent death or great bodily harm to oneself or another. If deadly force is used, each staff member involved shall submit a separate written report to the superintendent regarding the use of deadly force. The superintendent shall promptly report the use of deadly force to the administrator.

(8)  Staff may not use deadly force to control a youth if its use creates a substantial danger of harm to an innocent third party, unless the danger created by not using deadly force is greater than the danger created by its use.

(9)  Youth may not use force at any time.

History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00.