Section DHS 98.18 - Use of force(1) Whenever feasible, field staff shall rely on law enforcement authorities to exercise force against clients when force is necessary. When that assistance is not practical, field staff may use force subject to this section. Only so much force may be used as is reasonably necessary to achieve the objective for which it is used.(2) Corporal punishment of clients is forbidden. This prohibition allows no exceptions and applies to public and private programs.(3) Non-deadly force may be used by field staff against clients only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes:(a) To prevent death or bodily injury to oneself or another;(b) To prevent unlawful damage to property that may result in death or bodily injury to oneself or another;(c) To prevent a client from fleeing the control of a field staff member;(d) To change the location of a client; or(e) To prevent unlawful damage to property.(4) Non-deadly force may be used to apprehend a client or take a client into custody only in the following manner:(a) Staff should exhaust all efforts to persuade clients to voluntarily be taken into the custody of field staff prior to using force;(b) If the client refuses to voluntarily be taken into custody, staff may exercise minimal physical force necessary to apprehend the client. Minimal force should be exercised in the following way: 1. If possible, staff should not attempt to physically handle the client until sufficient staff are present to evidence a show of force;2. The client should again be asked to voluntarily be taken into custody;3. If the client refuses to voluntarily be taken into custody, the client may be firmly grasped by one or more staff; and4. The client shall then be handcuffed behind his or her back or restrained by other appropriate methods;(c) After use of force, the client and staff should be checked for injury and treated by a physician if necessary. If injury resulted, the regional chief shall be notified and a summary report shall be submitted to the regional chief and the administrator of the division of care and treatment facilities detailing the cause and extent of the injury and the treatment provided for it; and(d) If force is used, a written report describing the incident including the names of all people who observed the exercise of force shall be submitted to the regional chief and the administrator of the division of care and treatment facilities, and shall be included in the client's record.(5) Deadly force may not be used by field staff against clients except to prevent death or great bodily injury to oneself or another.(6) Deadly force may not be used by field staff if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.(7) The use of excessive force is forbidden. "Excessive force" means force greater than what is reasonably necessary to achieve the objective for which it is used.(8) In an emergency, field staff may be used at an institution. In those circumstances, staff shall abide by the use of force rules under ch. DOC 306.Wis. Admin. Code Department of Health Services DHS 98.18
Cr. Register, July, 1992, No. 439, eff. 8-1-92.