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DOC 346.33Mail. 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:
(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.
(2) Privileged correspondence may not be limited.
(3) Mail to the juvenile shall be delivered on the same day that it is received at the facility.
(4) Appropriate writing materials shall be provided to juveniles upon request.
(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.
(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.
(7) Juveniles shall be provided notice upon admission that their non-privileged incoming letters and packages may be inspected for contraband.
(8) Provision for staff inspection and reading of non-privileged incoming and outgoing mail.
(9) Juveniles shall be notified of confiscated mail.
(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.
(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.
(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.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.34Telephone. 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:
(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.
(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.
(3) A juvenile shall be allowed to make at least one 10–minute telephone call to a family member every 24 hours.
(4) Provision for a juvenile to receive personal telephone calls or messages from parents, legal guardians, foster parents, custodians or legal counsel.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.35Visitation. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to visitation, including all of the following components:
(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.
(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.
(3) The superintendent may authorize persons in addition to those listed in subs. (1) and (2) to visit a juvenile.
(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.
(5) Visitors shall be required to register upon entry into the facility.
(6) Establishment of a search policy of visitors and their possessions.
(7) A superintendent may permit contact visiting based on security needs and physical plant.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.36Programming. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to programming for juveniles, including the following components:
(1) Juveniles shall be out of their cells a minimum of 12 hours per day, except for discipline, medical, behavioral, investigative or lockdown reasons.
(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.
(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.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.37Education. 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:
(1) Superintendents shall ensure that juveniles have access to education, as provided by the school district in which the facility is located.
(2) Superintendents shall notify the school district in which the facility is located when juveniles are present in the facility.
(3) Superintendents shall cooperate with the school district in which the facility is located in the implementation of an educational program.
(4) Superintendents shall communicate to the department of public instruction significant concerns regarding adequacy of educational programming within facilities.
(5) Superintendents shall document on a daily basis all of the following:
(a) Number of hours of instruction by a teacher.
(b) Number of juveniles receiving instruction.
(c) Names of juveniles who refused to participate in education.
(d) Names of juveniles who were unable to participate and the reasons for the inability.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.38Reading materials. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to access to reading materials, including the following components:
(1) Reading materials of general interest, such as books, newspapers and magazines, shall be provided.
(2) Reading materials which are prohibited for juveniles because their content creates a security risk shall be identified.
(3) Inspection of reading materials brought by visitors for juveniles if the facility allows visitors to bring in reading materials.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.39Recreation 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:
(1) Juveniles shall have access to leisure time supplies and activities unless use of these materials is restricted for disciplinary or security reasons.
(2) Each juvenile shall be provided an opportunity to participate in at least one hour of large muscle or cardiovascular physical exercise per day.
(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.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.40Religion. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to religious programming, including the following components:
(1) Juveniles shall have the right to religious ministration and sacraments as provided in s. 301.33, Stats.
(2) Juveniles shall be given an opportunity to request access to clergy. Facilities shall document requests and their disposition.
(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.
(4) The superintendent shall provide to a juvenile a Bible, Quran, or other religious text upon request under s. 301.33, Stats.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.41Uncompensated 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.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.42Volunteers. If a facility uses volunteers, the operational plan under s. DOC 346.04 shall contain policies and procedures relating to the use of volunteers, including recruitment and selection, training and orientation, supervision and evaluation, duty and responsibility assignments, and termination.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.43Canteen. If a facility provides canteen, vending or other similar services for juveniles, the operational plan under s. DOC 346.04 shall contain policies and procedures for use of the service. If there is a canteen, regular accounting procedures shall be followed.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
Subchapter VII — Security
DOC 346.44Observation of juveniles.
(1) All areas occupied by juveniles shall be physically observed at irregular intervals to ensure the custody, safety and welfare of the juveniles.
(2) At a minimum, officers shall physically observe each juvenile at irregular intervals according to the following schedule:
(a) Juveniles in behavioral segregation, discipline and control, suicide watch or other special needs status at least every fifteen minutes.
(b) Juveniles in receiving cells or holding rooms at least every fifteen minutes.
(c) Except as provided in par. (a) or (b), juveniles in general population or administrative segregation at least every thirty minutes.
(3) Each observation shall be documented.
(4) Closed circuit television is not a substitution for physical observations by officers.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.45Searches. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to searches to ensure the safety and security of the facility, juveniles, staff, or public, including all of the following components:
(1) Search of facility premises.
(2) Search of the living quarters of juveniles, including their personal property.
(3) Searches of juveniles.
(4) Searches of visitors.
(5) Searches of professional staff.
(6) Searches of volunteers.
(7) Searches of staff.
(8) Strip searches may be conducted only in accordance with s. 968.255 (2) and (3), Stats.
(9) Searches may not be conducted as a disciplinary measure.
History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.
DOC 346.46Security practices.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.