7897 APPENDIX 8 ED80 ConcealedCarry2011.pdf

ED #80

WISCONSIN DEPARTMENT DOC Library # 800.400.0080

OF CORRECTIONS

Original Effective Date:

November 1, 2011

New Effective Date:

EXECUTIVE DIRECTIVES

Reference:

Date of Approval:

October 31, 2011

3099 E. Washington Ave.

P.O.Box 7925 Madison, WI 53707‐7925

(608) 240‐5000

By: Gary H. Hamblin, Secretary

Owner: Office of the Secretary

EXECUTIVE DIRECTIVE # 80

Subject: Carrying a Concealed Weapon

I. Authority 2011 Wisconsin Act 35

Wisconsin Statute § 175.60 (16) (a)

Wisconsin Statute §175.60 (15m) (a) and (b)

Wisconsin Statute §948.605 (2) (a)

Wisconsin Statute §943.13 (2) (bm) 1.

II. Background On July 8, 2011, Governor Scott Walker signed a law which permits a person to carry a concealed weapon in Wisconsin if certain criteria are met. The concealed carry law has an effective date of November 1, 2011. This law relates to going armed with weapons, possessing or transporting a firearm, bow, or crossbow under certain circumstances and corresponding prohibitions. The law includes specific restrictions regarding weapons at correctional institutions, but does not explicitly prohibit going armed in other areas in the Department. This Executive Directive addresses both the statutory prohibitions of going armed in certain areas, as well as policy decisions addressing going armed into other areas within the Department.

III. Definitions, Acronyms & References

“Carrying” means to go armed with a firearm; meaning the firearm is on the individual’s person or is within the individual’s reach and the individual is aware of the presence of the firearm.

“Employee” means any person employed by the Department of Corrections, including limited term, project, and permanent employees, students, volunteers, and those persons under a contractual relationship with the Department of Corrections under a purchase of services arrangement if the contract places the vendor in an employment relationship with the Department.

“Handgun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. This term does not include prohibited types of firearms, including a machine gun, a short‐barreled rifle, or a short‐barreled shotgun.

“Licensee” means a person who has been issued a license to carry a concealed weapon under § 175.60, Wis. Stats.

“Weapon” means a handgun, an electric weapon as defined in § 941.295 (1c) (a), Wis. Stats., a knife other than a switchblade knife, or a billy club.

IV. Scope This policy addresses the Department’s responsibilities regarding state statutes modified by

2011 Wisconsin Act 35. Division policies and procedures will be modified to reflect the new law. All employees will adhere to the applicable Division policies when visiting or conducting official business at a Department of Corrections’ correctional institution, field office, or Central Office.

V. Policy A. The Wisconsin Department of Corrections (DOC) requires that all persons carrying a weapon shall safely secure the firearm in their vehicles prior to entering a DOC correctional institution, field office, or Central Office. For purposes of visiting a DOC correctional institution, field office or Central Office, a person who is licensed to carry a weapon under § 175.60, Wis. Stats., or a person who is otherwise authorized to carry a weapon shall secure any weapon in the locked trunk of a vehicle or a locked compartment of his or her vehicle, immediately upon parking or while stopped at the first security checkpoint, whichever occurs first.

B. An employee is prohibited from carrying a concealed weapon in a state‐owned vehicle or on his or her person while on duty. An employee who is licensed to carry a concealed weapon under § 175.60, Wis. Stats., is subject to applicable statutory restrictions and all of the following:

1. The employee is prohibited from carrying a concealed weapon in a state‐owned vehicle or on his or her person while on duty.

2. The employee shall comply with paragraph A of this subsection when approaching a correctional facility.

3. The employee shall ensure the weapon is secured in the locked trunk of a personal vehicle or a locked compartment, before exiting the vehicle to enter any DOC office space.

C. A licensee may not carry a weapon (handgun, stun gun or electric weapon, a knife, billy club, or a machinegun), either concealed or unconcealed, in the following locations:

1. Any portion of a building that is a police station, sheriff’s office, state patrol station, or the office of a Division of Criminal Investigation special agent of DOJ.

2. Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.

3. The Sand Ridge Secure Treatment Center, the Wisconsin Resource Center, or any secured unit or secured portion of a mental health institution, including a facility designated as the Maximum Security Facility at the Mendota Mental Health Institute.

D. The prohibitions under paragraph C do not apply to a weapon locked in the trunk or other compartment of a vehicle driven or parked in a parking lot or structure located in a building that is used as, or any portion of which is used as, a location described above.

VI. Procedure Each correctional institution, field office and Central Office will prohibit firearms in department buildings or offices. Signs must be posted at every public entrance. Each sign must be at least five inches by seven inches, state the restriction on carrying a firearm, and inform people that weapons or firearms are prohibited. (See § 943.13 (2) (bm), Wis. Stats.)

The Department of Administration will provide approved signage to the Department.

VII. Responsibilities Each Division Administrator shall ensure that division policies are consistent with this

Executive Directive. Policies shall be adopted to ensure the safety and security of correctional institutions and offices.

Each Division Administrator shall ensure that signs are posted at each public entrance of buildings under their areas of responsibility in English and Spanish to provide adequate notice of the substance of this Executive Directive.