Section 393.07. Mechanical restraints.

 

(1)   General . Staff may use mechanical restraints to control the behavior of a youth or transport a youth in accordance with this section.

(2)   Reasons for using mechanical Restraints. Mechanical restraints may be used for any of the following purposes:

(a) To take a youth into custody

(b) To transport a youth

(c) To prevent death or bodily injury to oneself or another

(d) To prevent unlawful damage to property

(e) To change the physical location of a youth

(f) To prevent a youth from escaping

(3)   Limitations on use. Mechanical restraints may not be used in any of the following ways:

(a) As a method of punishment

(b) About the head or neck of a youth

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth

(d) To secure a youth to a motor vehicle

(4)   Mechanical restraint procedures.

(a) Custody and transportation. When staff place a youth in mechanical restraints to take the youth into custody and transport the youth, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(b) Behavior control. When staff place a youth in mechanical restraints to control the youth's behavior under sub. (2) (c) , (d) , (e) or (f) , staff shall remove the restraints as soon as staff believe the restraints are no longer necessary to control the youth's behavior. Restraints shall be used at all times while the youth is being transported in a secure manner under sub. (2) (b) .

(c) Observation. Staff shall observe a youth placed in mechanical restraints at least once every 15 minutes until the restraints are removed or until the youth's admission to a place of secure confinement or into custody. Staff shall maintain a written record of the observations including the date and times staff observed the youth, name of the person making the observation, and comments on the youth's condition and behavior while in restraints.

(d) Services and privileges. A youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so or the youth is being transported in a secure manner. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

(e) Check for injury. When staff use mechanical restraints, the youth shall be checked for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

(f) Record. When staff use mechanical restraints to control a youth's behavior under sub. (2) (c) , (d) , (e) or (f) , a supervisor shall be notified as soon as possible. Staff shall submit to a supervisor a written report describing the incident within 24 hours and include d in the youth's file. The report shall include all of the following:

1. The youth's full name and the date, time and place the youth was placed in mechanical restraints.

2. The name of staff who placed the youth in restraints.

3. The reason for placing the youth in restraints and a description of the restraints used.

4. A statement indicating when and under what circumstances the restraints were removed.

(5)   Equipment. Staff shall only use mechanical restraints approved by the department. Staff shall examine the supply of mechanical restraints at least every 6 months. Any mechanical restraints which are excessively worn or which become defective through use shall be delivered to a supervisor to be destroyed.

(6)   Annual report. Each regional chief shall submit an annual report to the administrator describing all incidents involving the use of mechanical restraints by program staff to control youth behavior under sub. (2) (c) , (d) , (e) or (f) .

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