Wisconsin Legislature: DOC 346.15(2)

(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.

(k) Food shall be covered or protected when in transit.

(L) Food and drink shall be stored in a clean, well-ventilated place protected from insects, dust, vermin, overhead leakage, sewage backflow and other contamination.

(m) Staple foods and bulk supplies of flour, sugar and similar ingredients shall be stored in metal or plastic containers with tight-fitting covers once the original container is opened.

(n) Food shall be stored at least 6 inches above the floor on clean surfaces to permit cleaning underneath and to protect from splash and other contamination.

(o) All readily perishable foods, except when being prepared or served, shall be refrigerated at or below 40° F.

(p) Dishes, glassware, utensils and other food use or service equipment shall be stored in an area protected from contamination.

(q) Tables, cooking and working surfaces and food contact surfaces of equipment, including multi-use utensils, shall be thoroughly cleaned and sanitized after each usage.

(r) The walls, floors and ceilings of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed shall be kept clean and in good repair.

(s) Ventilation fans, oven hoods and ducts shall be kept clean and free of grease.

(t) Animals shall be kept out of the kitchen, pantry or places where food is handled or prepared.

(u) All garbage and kitchen refuse which is not disposed of through a garbage disposal unit connected with the sewerage system shall be kept in leak-proof, nonabsorbent containers with close-fitting covers in areas separate from those used for preparation and storage of food. The contents shall be removed as often as necessary to prevent decomposition and overflow. Garbage containers shall be reasonably clean and show no evidence of accumulated grease of longstanding.

(2) Utensil cleaning.

(a) In manual washing, dishes and utensils shall first be pre-washed and then shall be washed in hot water at a temperature of at least 100° F, containing an adequate amount of an effective soap or detergent. Water shall be kept clean by changing it frequently. Sanitizing all utensils following hand washing shall be done by one of the following:

1. Submerging all utensils for 30 seconds in clean water maintained at a temperature of 170°F or more.

2. Submerging all utensils for rinsing in hot water at a minimum temperature of 100° F to remove soap or detergent, then submerging for at least 2 minutes in a hypochlorite solution with a chlorine solution concentration of at least 100 parts per million. A different chemical sanitizing solution may be used if approved by the department. Soaps, water softeners, washing compounds and detergents shall not be added to sanitizing solutions. All utensils shall be air-dried after sanitizing.

(b) Mechanical washing of utensils shall be done as follows:

1. Utensils shall be stacked in racks or trays so as to avoid overcrowding and in such a manner as to ensure complete washing contact with all surfaces of each article.

2. The wash water temperature of utensil washing machines shall be held from 130° F to 150° F.

3. A detergent shall be used in all washing machines.

4. For sanitizing in a spray-type machine, dishes shall be subjected to a rinse period of 10 seconds or more at a temperature in the supply line of the machine of at least 180° F. For sanitizing in an immersion-type machine, dishes shall be submerged for 30 seconds or more with the water at the temperature of 170° F or more. There shall be a constant change of water through the inlet and overflow.

5. Thermometers shall be located in both the wash compartment and rinse water line, in such locations as to be readily visible. Thermostatic control of the temperature of the rinse water shall be provided in new equipment.

6. The pressure of the water used in the spray washing and rinsing shall be 15 to 25 pounds per square inch at the machine nozzles.

7. Utensils shall be allowed to air-dry in racks or on drain-boards.

(3) Insect and rodent control.

(a) All outside openings shall be covered with wire screening of not less than number 16 mesh or its equivalent and shall be properly maintained to prevent entry of insects. Screen doors shall be self-closing.

(b) All means necessary for the elimination of vermin shall be used.

(c) All poisonous compounds used in the extermination of rodents or insects shall be clearly labeled as poisons. Poisonous compounds shall be stored in a locked area separate from food, kitchenware, and medications.

(d) Poisonous or toxic materials may not be used in a way that contaminates food, equipment, or utensils, or in a way that constitutes a hazard to juveniles, staff or other person, or in a way that is not in full compliance with the manufacturer’s labeling.

(4) Water supply. All water shall be obtained from a safe public water source.