Section DOC 306.08 - Use of firearms(1) In this section, "issuance of firearms" means the deployment of firearms to authorized individuals, as determined by the warden, beyond designated armed posts in response to an emergency or disturbance.(2) Only the warden or authority who is available may issue firearms to staff.(3) Except in disturbances or emergencies, only staff assigned to posts requiring the use of firearms shall possess a firearm.(4) Staff may only use firearms approved by the department and only after successfully completing the training program in sub. (5).(5) The division shall provide an annual firearms training and qualification program which shall include instruction on the following: (a) Safe handling of firearms while on duty.(b) Legal use of firearms and the use of deadly force.(c) Division policies and procedures regarding firearms.(d) Fundamentals of firearms use, including range firing.(e) When firearms may and shall be used, including the use of verbal warnings and warning shots.(6) If a staff member discharges a firearm pursuant to s. DOC 306.07(4), either accidentally or intentionally, the following procedure shall be followed: (a) The staff member who discharged the firearms shall notify his or her supervisor as soon as possible and shall write and submit an incident report.(b) A supervisor shall investigate the incident and submit a report to the warden. The supervisor shall state in the report all facts relevant to the discharge of the firearm and shall include the supervisor's opinion as to whether the discharge was justified and occurred in accordance with this chapter. The warden shall send the reports required by par. (a) and this paragraph and the warden's conclusions as to the justification for the discharge and whether it was in accordance with these rules to the administrator.(c) If a person is injured or killed by the discharge of a firearm, the department shall convene a firearm review panel to investigate the incident. The panel shall consist of 5 persons selected as follows: 1. Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.2. Two members designated by the administrator, one of whom shall be a member of the central office staff and one of whom shall be a member of the public.3. One member designated by the warden of the institution where the incident occurred, who is a member of the institution staff.(d) The panel shall submit a written report to the secretary that includes the facts relevant to the incident and an opinion as to whether this chapter was complied with relating to the use of force.(7) Only staff authorized by the warden may carry firearms off the institution premises.Wis. Admin. Code Department of Corrections § DOC 306.08
CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.