Section 393.06. Use of force.

 

(1)   General. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to exercise force to control a youth. When it is not practical, staff may use force to control the youth in accordance with this section.

(2)   Corporal punishment. Staff may not impose corporal punishment on a youth.

(3)   Amount of force. Only reasonable and the minimum necessary force may be used to achieve control of a youth. Staff may not use excessive force.

(4)   Non-Deadly force.

(a) Staff may use non-deadly force to control a youth only if the user of force reasonably believes its use is immediately necessary to accomplish one of the following purposes:

1. To prevent an escape.

2. To prevent death or bodily injury to oneself or another.

3. To prevent unlawful damage to property.

4. To change the location of a youth.

5. To take a youth into custody or transport a youth.

(b) Before non-deadly force is used to accomplish one of the purposes under par. (a) , staff shall use all reasonable efforts to persuade the youth to be voluntarily taken into custody or to cease inappropriate behavior.

(5)   Deadly force.

(a) Staff may use deadly force to control a youth only if the user reasonably believes that its use is immediately necessary to prevent death or great bodily harm to oneself or another.

(b) 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.

(6)   Follow up after the use of force.

(a) After staff use force to control a youth, the youth and any involved staff shall immediately be checked for injury. If the youth or staff have been injured, the staff shall immediately seek appropriate medical treatment of any injury to the youth or staff. A supervisor shall be notified immediately of any injury to the youth or staff.

(b) When force is used against a youth, all staff who observed or were involved in the incident, shall submit a written record to a supervisor within 24 hours of the incident. The record shall describe the use of force and be placed in the youth's file. The record shall include all of the following:

1. The youth's full name and the date, time and place force was used against the youth.

2. The name of all staff who used force against the youth.

3. The reason for using force.

4. The names of all persons who observed the use of force.

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