DOC 346.29(5)
(5) Menus and portion sizes shall be reviewed at least annually by a dietitian to ensure compliance with nationally recommended food allowances. Reports shall be available to the department upon request.
DOC 346.29(6)
(6) Supplementary food or modified diet, as ordered by a physician, shall be provided for those juveniles who have special needs.
DOC 346.29(7)
(7) A minimum of 3 meals, 2 of which are hot, shall be provided at regular meal times during each 24 hour period with no more than 14 hours between the evening meal and breakfast. Provided basic nutritional standards are met, the superintendent may permit variations based on weekend and holiday food service demands.
DOC 346.29 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
Subch. VI of ch. DOC 346 Note
Note: This subchapter applies to the Department of Corrections in carrying out its statutory responsibilities to regulate juvenile detention facilities, and to the Department of Children and Families to the extent DCF has authority pursuant to s.
938.485, Stats., or any other provision of ch.
938, Stats., to establish and enforce standards for services to juveniles.
DOC 346.30
DOC 346.30
Personal hygiene. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to the personal hygiene of juveniles, including all of the following components:
DOC 346.30(1)
(1) Toilet articles sufficient for the maintenance of cleanliness and hygiene, including but not limited to, toothpaste and toothbrush, soap, comb, toilet paper, shampoo, shaving materials, and feminine hygiene materials shall be provided. There shall be no common use of these items.
DOC 346.30(2)
(2) Juveniles shall be permitted to shower on a daily basis.
DOC 346.30 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.31
DOC 346.31
Personal property. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to the inventory, storage and return of a juvenile's personal property, including all of the following components:
DOC 346.31(1)
(1) Items of personal property, including money, which are taken from the juveniles shall be listed in writing, stored in a safe place and returned to the juvenile upon release. Each juvenile and an employee shall sign the written property list at the time of admission and release. If a juvenile cannot or will not sign the property list, a written notation to that effect shall be placed on the list and verified by one witness.
DOC 346.31(2)
(2) Provision for the possession of authorized personal property.
DOC 346.31(3)
(3) Provision for the return of juvenile's property.
DOC 346.31(4)
(4) Provision for the disposal of unclaimed or unauthorized property.
DOC 346.31 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.32
DOC 346.32
Clothing and linen. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to the clothing and linen which a juvenile is permitted to have, including all of the following:
DOC 346.32(1)
(1) Clothing. All of the following shall be provided:
DOC 346.32(1)(a)
(a) A set of clean clothing if juveniles are not allowed to wear their personal clothing.
DOC 346.32(1)(c)
(c) Clean outer garments which shall be issued a minimum of twice weekly.
DOC 346.32(2)(a)
(a) A clean and sanitized, fire-retardant mattress and pillow, including integrated units, which shall be kept clean and in good repair.
DOC 346.32(2)(b)
(b) Two sheets or one sheet and one mattress cover and pillowcases, which shall be exchanged and cleaned weekly.
DOC 346.32(2)(c)
(c) A towel and washcloth, which shall be exchanged and cleaned twice weekly.
DOC 346.32(2)(d)
(d) A clean, fire-retardant blanket, which shall be laundered monthly and before reissue to another juvenile.
DOC 346.32 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.33
DOC 346.33
Mail. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to written contact between juveniles and their families, friends, attorneys, the court system, governmental officials and others, including all of the following components:
DOC 346.33(1)
(1) The amount of mail a juvenile may send or receive may not be limited unless the reasons for such limitation are documented in the juvenile's record.
DOC 346.33(3)
(3) Mail to the juvenile shall be delivered on the same day that it is received at the facility.
DOC 346.33(4)
(4) Appropriate writing materials shall be provided to juveniles upon request.
DOC 346.33(5)
(5) Postage for a minimum of 2 non-privileged letters a week shall be provided for each juvenile. Postage for privileged correspondence may not be limited.
DOC 346.33(6)
(6) Incoming privileged mail may be opened and inspected in the presence of the juvenile to whom the mail is addressed. Privileged mail may not be read.
DOC 346.33(7)
(7) Juveniles shall be provided notice upon admission that their non-privileged incoming letters and packages may be inspected for contraband.
DOC 346.33(8)
(8) Provision for staff inspection and reading of non-privileged incoming and outgoing mail.
DOC 346.33(9)
(9) Juveniles shall be notified of confiscated mail.
DOC 346.33(10)
(10) Mail which is confiscated shall be inventoried. Confiscated mail shall be returned to the sender, disposed of, or delivered to the juvenile upon release. A record of confiscated mail shall be maintained and include the names of the sender and receiver, the dates of receipt and disposition, and the reasons for confiscation and disposal.
DOC 346.33(11)
(11) Cash, checks or money orders shall be receipted, inventoried and credited to the juvenile's account or placed in the juvenile's secured property.
DOC 346.33(12)
(12) Mail addressed to a released juvenile shall be forwarded unopened to the juvenile or returned to the sender or post office if no forwarding address is available.
DOC 346.33 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.34
DOC 346.34
Telephone. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to juvenile access to the telephone, including all of the following components:
DOC 346.34(1)
(1) Upon admission, the juvenile shall be given an opportunity as soon as possible to make a minimum of 2 telephone calls to his or her parents, legal guardians, foster parents, custodians or legal counsel.
DOC 346.34(2)
(2) Other than those under
sub. (1), a juvenile shall be given the opportunity to make telephone calls to his or her parents, legal guardians, foster parents, custodians or legal counsel, based on the facility's schedule, telephone availability, and personnel constraints. Reasons for limiting access to the telephone shall be documented.
DOC 346.34(3)
(3) A juvenile shall be allowed to make at least one 10–minute telephone call to a family member every 24 hours.
DOC 346.34(4)
(4) Provision for a juvenile to receive personal telephone calls or messages from parents, legal guardians, foster parents, custodians or legal counsel.
DOC 346.34 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.35
DOC 346.35
Visitation. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to visitation, including all of the following components:
DOC 346.35(1)
(1) Family visits are of primary importance and shall be allowed on a daily basis. Each facility shall provide for family visits during designated hours. Visiting hours shall be designated during both the day and evening with a minimum of 3 hours before 5:00 p.m. and 2 hours after 5:00 p.m.
DOC 346.35(2)
(2) Clergy, teachers, mental health professionals, social workers and legal counsel shall be permitted to visit at reasonable times. These visits may not be subject to any physical barriers and shall be free from audio monitoring.
DOC 346.35(3)
(3) The superintendent may authorize persons in addition to those listed in
subs. (1) and
(2) to visit a juvenile.
DOC 346.35(4)
(4) The number of visitors a juvenile may receive and the length of visits may be limited only as required by the facility's schedule, space availability and personnel constraints or when there are documented reasons to justify such limitations. Family visiting time may not be scheduled for less than 30 minutes.
DOC 346.35(5)
(5) Visitors shall be required to register upon entry into the facility.
DOC 346.35(6)
(6) Establishment of a search policy of visitors and their possessions.
DOC 346.35(7)
(7) A superintendent may permit contact visiting based on security needs and physical plant.
DOC 346.35 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.36
DOC 346.36
Programming. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to programming for juveniles, including the following components:
DOC 346.36(1)
(1) Juveniles shall be out of their cells a minimum of 12 hours per day, except for discipline, medical, behavioral, investigative or lockdown reasons.
DOC 346.36(2)
(2) If a juvenile is not out of his or her cell for a minimum of 12 hours each day, facility staff shall document in writing the reasons for the increased cell time.
DOC 346.36(3)
(3) On weekdays other than legal holidays, a minimum of 6 hours of the out-of-cell time under
sub. (1) shall be time spent in structured group or individual activities, including education, exercise, recreation, and, as appropriate, family counseling or drug and alcohol counseling. On weekends and legal holidays, a minimum of 3 hours of the out-of-cell time under
sub. (1) shall be time spent in structured activities which may include visitation, recreation, exercise and housekeeping.
DOC 346.36 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.37
DOC 346.37
Education. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to educational programming for juveniles, including all of the following requirements:
DOC 346.37(1)
(1) Superintendents shall ensure that juveniles have access to education, as provided by the school district in which the facility is located.
DOC 346.37(2)
(2) Superintendents shall notify the school district in which the facility is located when juveniles are present in the facility.
DOC 346.37(3)
(3) Superintendents shall cooperate with the school district in which the facility is located in the implementation of an educational program.
DOC 346.37(4)
(4) Superintendents shall communicate to the department of public instruction significant concerns regarding adequacy of educational programming within facilities.
DOC 346.37(5)
(5) Superintendents shall document on a daily basis all of the following:
DOC 346.37(5)(c)
(c) Names of juveniles who refused to participate in education.
DOC 346.37(5)(d)
(d) Names of juveniles who were unable to participate and the reasons for the inability.
DOC 346.37 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.38
DOC 346.38
Reading materials. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to access to reading materials, including the following components:
DOC 346.38(1)
(1) Reading materials of general interest, such as books, newspapers and magazines, shall be provided.
DOC 346.38(2)
(2) Reading materials which are prohibited for juveniles because their content creates a security risk shall be identified.
DOC 346.38(3)
(3) Inspection of reading materials brought by visitors for juveniles if the facility allows visitors to bring in reading materials.
DOC 346.38 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.39
DOC 346.39
Recreation and exercise. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to recreation and exercise for juveniles, including the following components:
DOC 346.39(1)
(1) Juveniles shall have access to leisure time supplies and activities unless use of these materials is restricted for disciplinary or security reasons.
DOC 346.39(2)
(2) Each juvenile shall be provided an opportunity to participate in at least one hour of large muscle or cardiovascular physical exercise per day.
DOC 346.39(3)
(3) Superintendents shall document on a daily basis the names of juveniles who do not participate in recreation or exercise and the reason for nonparticipation.
DOC 346.39 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.40
DOC 346.40
Religion. The operational plan under
s. DOC 346.04 shall contain policies and procedures relating to religious programming, including the following components:
DOC 346.40(1)
(1) Juveniles shall have the right to religious ministration and sacraments as provided in s.
301.33, Stats.
DOC 346.40(2)
(2) Juveniles shall be given an opportunity to request access to clergy. Facilities shall document requests and their disposition.
DOC 346.40(3)
(3) Juveniles shall be notified of the schedule of religious services available in the facility and of religious organizations and clergy willing to conduct religious services in the facility.
DOC 346.40(4)
(4) The superintendent shall provide to a juvenile a Bible, Quran, or other religious text upon request under s.
301.33, Stats.
DOC 346.40 History
History: CR 09-039: cr.
Register October 2010 No. 658, eff. 11-1-10.
DOC 346.41
DOC 346.41
Uncompensated work assignments. Juveniles are not required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the facility or grounds, personal hygienic needs, or part of an approved training or community service program.
