Wisconsin Legislature: DOC 346.14(6)(b)

2. A minimum floor to ceiling height of 8 feet.

3. Non-locking doors on sleeping rooms, if separate sleeping rooms are provided.

4. Unrestricted physical access to the day room, lavatories and toilets.

5. A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor for each juvenile based on the rated bed capacity of the dormitory.

6. For facilities constructed or substantially remodeled after November 1, 2010, all upper bunks equipped with an anti-rollout plate.

7. Detention strength washbasins and toilets.

8. Unbreakable, detention strength mirrors sufficient for the number of juveniles confined.

9. Detention strength tables and seating in the day room based on the rated bed capacity of the dormitory.

10. Two nonremovable, collapsible, detention strength clothing and towel hooks for each juvenile confined based on the rated bed capacity of the dormitory.

11. Detention strength light fixtures that provide at least 30 foot candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

(4) Day room.

(a) Each day room shall have all of the following:

1. A minimum floor area of 35 square feet for each juvenile based on the rated bed capacity of the adjacent group of cells. In addition, each day room shall have a minimum of 70 square feet of unencumbered space.

2. Detention strength light fixtures that provide at least 30 foot candles at 30 inches above the floor.

3. Adequate furnishings and equipment for leisure time activities as required under this chapter.

4. Detention strength tables and seating based on the rated bed capacity of the adjacent cells.

(b) There shall be in the day room no exposed heating pipes, radiators or controls which are accessible to juveniles.

(5) Holding rooms.

(a) Holding rooms shall be located in an area that allows continuous staff observation or electronic video surveillance of juveniles.

(b) Each holding room shall have all of the following:

1. Detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of similar strength.

2. A detention strength, metal, institution-type wash basin and toilet.

3. A minimum floor area of 50 square feet of unencumbered space for 5 or fewer occupants and an additional 10 square feet of unencumbered space for each additional occupant.

4. Detention strength light fixtures that provide at least 30 foot candles at 30 inches above the floor.

(d) Juveniles may not be held in a holding room for more than 24 continuous hours.

(e) Holding rooms outside the secure perimeter shall comply with the requirements of this section.

(6) Receiving cells.

(a) All receiving cells shall be designed and used for single occupancy.

(b) Each receiving cell shall have all of the following:

1. A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction or similar strength.

2. A detention strength, metal, institution-type wash basin and toilet. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water.

3. Detention strength light fixtures that provide at least 30 foot candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

4. A minimum floor area of 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

(d) Juveniles may not be held in a receiving cell for more than 72 continuous hours.

(7) Natural lighting. Cells under sub. (2) and s. DOC 346.15 and dormitories under sub. (3) shall be provided with natural light in accordance with the International Building Code, s. 1204 as adopted by the department of safety and professional services under s. SPS 361.05 (1). Artificial light may not be used as an alternative to the natural light requirements under the International Building Code.

(8) Exterior windows.

(a) This subsection applies to all windows that lead to the exterior of the facility or to an area outside the secure perimeter of the facility.

(b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure perimeter of the facility from observing juveniles within the facility.

(c) Each exterior window that has an opening in any direction in excess of 5½ inches shall be covered with security steel grills to prevent escape.

(d) If an exterior window is accessible to juveniles and opens, the window shall be mounted in a detention strength frame and shall be covered on the inside with a 1,600 pound per lineal inch tensile strength security screen of .047 mil. wire diameter to prevent the passage of contraband.

(e) If an exterior window is not accessible to juveniles and opens, the screen shall have a tensile strength of at least 800 pounds per lineal inch and shall be made of wire of at least .028 mil. diameter.

(f) If an exterior window does not open, whether or not it is accessible to juveniles, the security screen required under par. (d) or (e) may be omitted if the window is mounted in a detention strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

(9) Showers. There shall be at least one shower for every 8 juveniles. There shall be an adequate supply of hot and cold water so that juveniles shall be permitted to shower on a daily basis.

(10) Multi-purpose space. Facilities shall contain multi-purpose space which shall have a minimum of 300 square feet of floor area or provide 35 square feet of floor area for the maximum number of juveniles expected to use the space at one time, whichever is greater.

(11) Classroom space. For juvenile detention facilities which are constructed or substantially remodeled after November 1, 2010, there shall be classroom space designed in conformity with local or state educational requirements.

(12) Health care area. If medical or dental services are provided in the facility, there shall be sufficient space, equipment, supplies and materials for the performance of primary health care delivery in a confidential and private manner. The superintendent shall consult with the health care provider to determine the adequacy of the space, equipment, supplies and materials.

(13) Outdoor recreation space.

(a) If provided, there shall be a minimum of 70 square feet of outdoor recreational space per occupant.

(b) The operational plan under s. DOC 346.04 shall contain policies and procedures for the safe and secure use of outdoor recreational space.

(14) Storage space.

(a) Sufficient space shall be provided in the facility to store and issue clothing, bedding, cleaning supplies and other items for daily operations.

(b) Space shall be provided for storing the personal property of juveniles safely and securely.

(15) Visiting space. Sufficient space for visitation shall be provided.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10; correction to numbering of (2) (c) 6. made under s. 13.92 (4) (b) 1., Stats., Register October 2010 No. 658; correction in (7) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DOC 346.15 Double celling.

(1) A juvenile detention facility may use cells for double occupancy. This section does not apply to a juvenile portion of a county jail.

(2) If a juvenile detention facility determines based on all the criteria under s. DOC 346.10 that placement of a juvenile in a double cell may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff or the community, the juvenile may not be placed in a double cell. If a juvenile detention facility determines based on all the criteria under s. DOC 346.10 that placement of 2 particular juveniles in a double cell may jeopardize the health or safety of either juvenile, other juveniles in the facility, staff or the community, those juveniles may not be placed together in the double cell.

(3) In addition to the requirements for single occupancy cells under s. DOC 346.14 (2) and before a cell may be used for double occupancy, all of the following conditions shall be met:

(a) Minimum floor area.

1. In juvenile detention facilities which were constructed or substantially remodeled between October 1, 1994 and November 1, 2010, a cell shall have a minimum floor area of 70 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

2. In juvenile detention facilities which were constructed before October 1, 1994 and have not been substantially remodeled after October 1, 1994, a cell shall have a minimum floor area of 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

3. In juvenile detention facilities which are constructed or substantially remodeled after November 1, 2010, a cell shall have a minimum floor area of 70 square feet of unencumbered space.

(b) Receiving cells. Receiving cells may not be used for double occupancy.

(c) Single occupancy cells. Each juvenile detention facility shall maintain a minimum of 2 cells which are designed and used for single occupancy only.

(d) Double occupancy cells. A juvenile detention facility may not exceed 75% double occupancy of the total number of cells, excluding receiving cells and holding rooms.

(e) Clothing hooks. Each cell shall contain a minimum of two nonremovable, collapsible, detention strength clothing and towel hooks for each occupant.

(f) Anti-rollout plates. For facilities constructed or substantially remodeled after November 1, 2010, all upper bunks shall be equipped with an anti-rollout plate.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.16 Fire protection.

(1) The operational plan under s. DOC 346.04 shall contain policies and procedures relating to fire protection and evacuation, including evacuation of persons with disabilities and appropriate training of staff. The policies and procedures shall comply with local fire department recommendations.

(2) The evacuation plan shall be posted in a conspicuous place for staff to view.

(3) The facility shall have and shall properly maintain fire alarms, smoke and thermal detectors, and fire extinguishers. The facility shall place this equipment in accordance with the advice of the local fire department.

(4) All staff shall be trained in the proper use of the equipment in sub. (3) and in emergency rescue and evacuation procedures. Documentation of such training shall be maintained in the facility files.

(5) There shall be fire inspection services at least annually with documentation of such inspection in facility files.

History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.17 Sanitation.

(1) Food service.

(a) No person who is known to be infected with a disease in a form that is communicable by food handling may be employed or work as a food handler in a facility. If the superintendent suspects that a person has a communicable disease that may be transmitted by food handling, the superintendent shall exclude the person from working with food and, in the case of a reportable communicable disease defined under s. DHS 145.03 (4), shall notify the local health authority immediately.

(b) No person may use tobacco in food storage or food preparation areas, or while serving food.

(c) All persons who work in food service areas shall wear clean garments and clean caps or hairnets, and shall keep their hands clean at all times when engaged in the handling of food, drink, utensils or equipment. Particular attention shall be given to the cleaning of fingernails.

(d) Adequate and convenient hand washing facilities shall be provided for use by persons working in food services areas, including hot and cold running water, soap and approved sanitary towels. Use of a common towel is prohibited.

(e) All milk and milk products served shall be pasteurized and shall be from sources certified as grade A.

(f) No spoiled or contaminated food may be used.

(g) All raw vegetables, fruits and poultry shall be thoroughly washed in clean water.

(h) All purchased meats and poultry shall be from sources that are subject to federal or state inspection.

(i) All ice used for cooling drinks or food by direct contact shall be from a safe public water supply and stored and handled to prevent contamination.

(j) Food shall be prepared by methods that conserve nutritive value, flavor and appearance.