DOC 346.04(34)(34) “Youth detention facility” means a juvenile detention facility as defined under s. 938.02 (10r), Stats., and includes a stand-alone facility or a facility located in the same building or on the same grounds as a county jail or secured residential care center for children and youth. DOC 346.04(35)(35) “Youth detention portion of a secured residential care center for children and youth” means an area that is used for the detention of youth and is collocated with a secured residential care center for children and youth. DOC 346.04(36)(36) “Youth portion of a county jail” means an area that is used for the detention of youth and that is part of a county jail. DOC 346.04 HistoryHistory: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (22), (23), (31) (intro.), (35) made under s. 35.17, Stats. Register July 2025 No. 835. DOC 346.05(1)(1) The superintendent may submit a written request to the department to be granted a variance from a provision of this chapter if: DOC 346.05(1)(a)(a) Strict enforcement of the rule would result in unreasonable hardship for administration of the facility; and DOC 346.05(1)(b)(b) The variance would provide equivalent or better protection for the health, safety, rights, and welfare of youth and the public. DOC 346.05(2)(2) In all cases, there is a presumption that strict compliance with this chapter shall be required and the responsibility to provide commensurate justification for a variance rests with the requestor. DOC 346.05(3)(3) At a minimum, any request for a variance must include: DOC 346.05(3)(a)(a) The applicable provision of this chapter for which a variance is sought. DOC 346.05(3)(b)(b) A description of the request and commensurate justification. DOC 346.05(5)(5) The department shall send a decision letter to the superintendent subsequent to reviewing the request. The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public. DOC 346.05(6)(6) Violation of any condition of a variance by the facility constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and require strict enforcement of the rule. DOC 346.05(7)(7) Any granted variance does not establish a precedent. DOC 346.05 HistoryHistory: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) made under s. 35.17, Stats., Register July 2025 No. 835. DOC 346.06(1)(1) Register of youth. Each facility shall keep a register of all youth. The register shall contain identifying information on each youth including name, residence, age, gender, race, court order, time and cause of placement, placing authority, and time of release and releasing authority. DOC 346.06(2)(2) Storage of records. Records shall be kept in a secure location and in a confidential manner. DOC 346.06(3)(3) Reporting requirements. The facility shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occurs: DOC 346.06(3)(c)(c) Staff is admitted to a hospital due to injury caused by assault. DOC 346.06(3)(e)(e) There is significant damage to the facility affecting the safety or security of the facility. DOC 346.06(4)(4) Information. The facility shall promptly furnish to the department all requested information. DOC 346.06 HistoryHistory: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25. DOC 346.07(1)(1) Before a facility may hold youth in secure custody, the facility shall develop a written operational plan which has been approved by the department under s. 938.22 (2) (a), Stats. The facility may not implement any plan until the department has approved the plan. DOC 346.07(2)(2) The operational plan shall designate whether the facility will operate as a youth detention facility, the youth portion of a county jail, or the youth detention portion of a secured residential care center for children and youth. DOC 346.07(3)(3) The operational plan shall contain policies and procedures for the operation of the facility. The policies and procedures shall include the standards set forth in ss. DOC 346.06 and DOC 346.12 to 346.48. DOC 346.07(4)(4) The operational plan shall comply with the standards specified in this chapter. DOC 346.07(5)(5) The facility shall implement the operational plan consistent with the requirements of this chapter. DOC 346.07 HistoryHistory: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25. DOC 346.08(1)(1) An entity that intends to build or remodel a facility shall file a letter of intent with the department before design development begins. DOC 346.08(2)(2) An entity shall provide copies of original and updated construction plans of the area within the secure perimeter of the facility to the department. DOC 346.08(3)(3) All sites, plans, and specifications for construction or remodeling of a facility shall comply with the Wisconsin Commercial Building Code under chs. SPS 361 to 366. DOC 346.08(4)(4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval. DOC 346.08(5)(5) Any proposed changes to the approved plans must be submitted to the department for review and approval. DOC 346.08 HistoryHistory: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25. DOC 346.09DOC 346.09 Physical environment of new or substantially remodeled youth detention facilities. DOC 346.09(1)(1) Applicability. This section applies only to youth detention facilities that are constructed or substantially remodeled on or after August 1, 2025. DOC 346.09(2)(2) Furniture and fixtures. The following furniture and fixtures used in a facility shall be of detention-strength materials or be of secure type to ensure safety for staff and youth:
/code/admin_code/doc/346
true
administrativecode
/code/admin_code/doc/346/i/06/4/_1
Department of Corrections (DOC)
section
true
