Section DHS 95.06 - Use of force(1) INTERVENTION OPTIONS. (a)Policies and procedures. The director shall adopt written policies and procedures that establish an intervention options model of force based on the perceived level of threat to guide staff in the use of force during a disturbance or emergency, to prevent escapes or to pursue and capture escapees. These intervention options shall include staff presence, dialogue, control alternatives, protective alternatives and lethal force. The policies and procedures shall be designed to help ensure that force is only used when necessary and that only the amount of force that is necessary under the circumstances is used.(b)Less than lethal force. Staff may use less than lethal force against patients only if the user reasonably believes that the use of less than lethal force is immediately necessary to achieve any of the following: 1. Prevent death or bodily injury to oneself or another.2. Regain control of a facility or part of a facility.3. Prevent escape or apprehend an escapee.4. Change the location of a patient.5. Control a disruptive patient.6. Prevent unlawful damage to property.7. Enforce a departmental rule, a facility policy or procedure or an order from a staff member.(c)Lethal force.1. Staff may use lethal force only if the user reasonably believes that the use of such force is immediately necessary to achieve any of the following: a. Prevent death or bodily injury to oneself or another.b. Prevent unlawful damage to property that may result in death or bodily injury to oneself or another.c. Regain control of a facility or part of a facility when less forceful means of regaining control are unsuccessful or not feasible under the circumstances.d. Prevent escape or apprehend an escapee.2. Staff may not use lethal force if its use creates a substantial danger of harm to non-involved third parties, unless the danger created by not using such force is greater than the danger created by using it.(d)Other uses of force prohibited. Force may not be used except as provided in this chapter and under policies and procedures adopted in accordance with this chapter. Force may never be used as a means of disciplining patients.(2) FIREARMS. (a)Authority to carry firearms.1. Only staff designated by the director or that person's designee may authorize use of firearms.2. Except in disturbances or emergencies only staff assigned to posts requiring the use of firearms may be armed.3. Staff may only carry or use firearms approved and issued by the department and only after successfully completing the training program under s. DHS 95.08.4. Only staff authorized by the director may in the course of their duties carry firearms off the grounds of the facility.(b)Reporting discharged firearm. If a staff member discharges a firearm, staff shall do all of the following: 1. The staff member who discharged the firearm shall verbally notify the staff member's supervisor as soon as possible.2. As soon as possible after the discharge of the firearm, each staff member present during the incident shall write and submit a written report about the incident on a form approved by the director.3. The security director shall investigate the incident and submit a report to the director. The report shall state all facts relevant to the discharge of the firearm and shall include copies of all reports written by staff members present during the incident and the security director's opinion as to whether the discharge was justified and occurred in accordance with facility policies and procedures and this chapter. The director shall send to the administrator the security director's report, along with the director's conclusion regarding whether the discharge was consistent with this chapter.(c)Death or injury caused by firearm.1. 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:a. 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. The department staff member designated by the secretary shall serve as chairperson.b. Two members designated by the administrator, one of whom shall be a member of central office staff and one of whom shall be a member of the public.c. One member designated by the director of the facility, center or unit where the incident occurred, who is a member of the institution staff.2. The panel shall submit a written report to the secretary. The report shall include a description of the incident and the panel's conclusion regarding whether the use of force complied with the policies and procedures adopted under this chapter.(4) HOSTAGES. Notwithstanding any other provision of this section, a staff member taken hostage has no authority to order use of force or any other action or inaction by staff.Wis. Admin. Code Department of Health Services DHS 95.06
CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. (1) (b) (intro.) and (3) (d) Register March 2003 No. 567, eff. 4-1-03.Amended by, CR 18-066: am. (1) (title), (a), r. (3) Register March 2020 No. 771, eff. 4/1/2020