Chapter DOC 349

DOC 349.03(17) (17) “Special needs inmate” means an inmate who is identified or suspected of having a medical illness or disability, mental illness, a developmental disability or alcohol or other drug abuse problem or who is a suicide risk.

DOC 349.03 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; renum. (1) to (11) to be (2) to (4), (6) to (8), (10) to (12), (15) and (16) and am. (8), cr. (1), (5), (9), (13), (14) and (17), Register, December, 1992, No. 444, eff. 1-1-93; emerg. cr. (1m), (4m) and (10m), eff. 12-10-98; cr. (1m), (4m) and (10m), (14m), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.04 DOC 349.04 Prohibited uses. Pursuant to s. 302.30, Stats., a lockup may not be used to hold persons pending trial who have appeared in court or persons who have been committed to imprisonment for nonpayment of fines or forfeitures.

DOC 349.04 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. renum. (1) and (2), eff. 12-10-98; renum. (1) to be intro., and renum. (2) to be DOC 349.21 (1), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.05 DOC 349.05 Construction plans.

DOC 349.05(1) (1) Before design development begins, a village or city which intends to build or remodel a lockup shall file a letter of intent with the division’s regional detention facilities specialist.

DOC 349.05(2) (2) Copies of original and updated design drawings of the area for the lockup shall be submitted to the division’s regional detention facilities specialist at the same time the drawings are submitted to the village or city.

DOC 349.05(3) (3) All sites, plans and specifications for construction or remodeling of a lockup shall comply with the state commercial building code, chs. SPS 361 to 365.

DOC 349.05(4) (4) Prior to approval by the department of safety and professional services under chs. SPS 361 to 365 and prior to publication of bid documents, 2 complete sets of plans and specifications shall be forwarded to the division for its review and approval.

DOC 349.05(5) (5) Upon approval by the division, one set of plans and specifications shall be marked to indicate approval by the division and returned to the office that submitted the plan. The remaining set shall be filed in the division. If the plans and specifications are not approved, both sets shall be returned to the sender.

DOC 349.05 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; corrections made in (3) and (4) under 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522, eff. 7-1-99; corrections in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (3) and (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DOC 349.06 DOC 349.06 Physical environment for new or substantially remodeled lockups.

DOC 349.06(1) (1) Applicability. This section applies only to lockups that are constructed or substantially remodeled on or after February 1, 1990.

DOC 349.06(2) (2) Equipment and materials. The following equipment and materials in a lockup shall be of detention strength and manufactured, sold and installed by firms that specialize in jail and prison equipment or ordered from a firm that will follow the specifications for detention strength equipment in this chapter:

DOC 349.06(2)(a) (a) Windows;

DOC 349.06(2)(b) (b) Glazing;

DOC 349.06(2)(c) (c) Security screens;

DOC 349.06(2)(d) (d) Grills over vents and windows;

DOC 349.06(2)(e) (e) Security doors;

DOC 349.06(2)(f) (f) Security locks;

DOC 349.06(2)(g) (g) Keys;

DOC 349.06(2)(h) (h) Hinges;

DOC 349.06(2)(i) (i) Food passes;

DOC 349.06(2)(j) (j) Observation ports;

DOC 349.06(2)(k) (k) “Contraband proof” sills;

DOC 349.06(2)(L) (L) Speaking ports;

DOC 349.06(2)(m) (m) Seats;

DOC 349.06(2)(n) (n) Benches;

DOC 349.06(2)(o) (o) Lights;

DOC 349.06(2)(p) (p) Locking mechanism housings;

DOC 349.06(2)(q) (q) Key cabinets;

DOC 349.06(2)(r) (r) Walls;

DOC 349.06(2)(s) (s) Windows and door frames;

DOC 349.06(2)(t) (t) Bunks;

DOC 349.06(2)(u) (u) Tables;

DOC 349.06(2)(v) (v) Toilets;

DOC 349.06(2)(w) (w) Urinals;

DOC 349.06(2)(x) (x) Wash basins;

DOC 349.06(2)(y) (y) Drinking fountains;

DOC 349.06(2)(z) (z) Showers;

DOC 349.06(2)(za) (za) Desks;

DOC 349.06(2)(zb) (zb) Clothing hooks;

DOC 349.06(2)(zc) (zc) Shelves;

DOC 349.06(2)(zd) (zd) Door pulls;

DOC 349.06(2)(ze) (ze) Screws;

DOC 349.06(2)(zf) (zf) Bolts;

DOC 349.06(2)(zg) (zg) Mirrors;

DOC 349.06(2)(zh) (zh) Floor drains; and

DOC 349.06(2)(zi) (zi) Ceilings.

DOC 349.06(3) (3) Cells.

DOC 349.06(3)(a) (a) This subsection applies to all cells except holding rooms. Requirements for holding rooms are specified under sub. (4).

DOC 349.06(3)(b) (b) Each cell shall be designed and used for single occupancy only.

DOC 349.06(3)(c) (c) Each cell shall have a floor area of ar least 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.

DOC 349.06(3)(d) (d) Each cell shall have:

DOC 349.06(3)(d)1. 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 of a similar strength;

DOC 349.06(3)(d)2. 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; and

DOC 349.06(3)(d)3. 3. Detention strength light fixtures that provide at least 10 footcandles of illumination 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.

DOC 349.06(4) (4) Holding rooms.

DOC 349.06(4)(a) (a) A person under arrest who is in the process of being admitted or released may be placed in a holding room for a period of time not to exceed 4 hours, but only after the decision has been made, in the case of a person being admitted, to admit the person to the lockup facility and a proper entry has been made in the register of inmates required under s. DOC 349.11 (1). Holding rooms shall be located in an area that allows continuous staff observation or electronic surveillance of inmates. Supervision shall be in accordance with the requirements of ss. 302.41 and 302.42, Stats.

DOC 349.06(4)(b) (b) Holding rooms may be designed and used for multiple occupancy for inmates of the same security classification who are properly segregated as required under s. 302.36, Stats.

DOC 349.06(4)(c) (c) Each lockup which has a holding room shall have at least one cell that is designed and used for single occupancy.

DOC 349.06(4)(d) (d) Each holding room shall contain detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of a similar strength.

DOC 349.06(4)(e) (e) A detention strength, institution-type wash basin and toilet shall be provided for every 8 occupants and, for holding rooms designed for male occupancy, a urinal shall be provided.

DOC 349.06(4)(f) (f) Hot and cold running water shall be provided.

DOC 349.06(4)(g) (g) A holding room shall have a floor area of at least 50 square feet. The maximum capacity for a holding room with at least 50 square feet of floor space but less than 60 square feet of floor space shall be 5 persons. The maximum capacity for a larger holding room shall be one more person for every additional 10 square feet of floor space.

DOC 349.06(5) (5) Exterior windows.

DOC 349.06(5)(a) (a) This subsection applies only to lockup facilities that have exterior windows. In this subsection,“exterior window” means any window that faces the exterior of the lockup facility or an area outside the secure detention area of the lockup facility.

DOC 349.06(5)(b) (b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure detention area of the lockup facility from observing inmates within the lockup.

DOC 349.06(5)(c) (c) Each exterior window that has an opening in any direction in excess of 51⁄2 inches shall be covered with security steel grills to prevent escape.

DOC 349.06(5)(d) (d) If an exterior window is accessible to inmates and opens, the window shall be mounted in a detention strength frame and shall be covered on the inside with a security screen of at least 1600 pound per lineal inch tensile strength and made of at least .047 mil. diameter wire to prevent the passage of contraband.

DOC 349.06(5)(e) (e) If an exterior window is not accessible to inmates and opens, the window’s security screen need not meet the requirements of par. (d), but 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.

DOC 349.06(5)(f) (f) If an exterior window does not open, whether or not it is accessible to inmates, the security screen required under par. (d) or (e) may be omitted it 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.

DOC 349.06(6) (6) Exterior approaches. The exterior of the lockup and approaches to the lockup shall be well lighted at night to permit observation of persons approaching the building.

DOC 349.06(7) (7) Walls.

DOC 349.06(7)(a) (a) Walls on the exterior of the lockup shall be constructed of reinforced concrete or fully grouted concrete block at least 8 inches thick, or the walls shall be constructed of materials of similar strength which provide equivalent security.

DOC 349.06(7)(b) (b) Walls in the interior of the lockup shall be constructed of reinforced concrete or fully grouted concrete block at least 6 inches thick, or the walls shall be constructed of materials of similar strength which provide equivalent security.

DOC 349.06(8) (8) Ceilings. Ceilings in areas accessible to inmates shall be constructed of pre-cast concrete or flat steel of at least 3/16 inch thickness, or ceilings shall be constructed of materials of similar strength which provide equivalent security.

DOC 349.06(9) (9) Doors and locks.

DOC 349.06(9)(a) (a) Every door that leads to the exterior of the lockup facility or to an area outside the secure detention area of the lockup shall have a sill designed to prevent the introduction of contraband.

DOC 349.06(9)(b) (b) Every door entering into the secure detention area of the lockup shall be of detention strength. Each of these doors shall have a vision panel or other means of observation to permit identification of individuals before they enter the secure detention area of the lockup and to allow observation of the area before entering it. If the vision panel has an opening in any direction in excess of 51⁄2 inches, the opening shall be covered with detention strength steel grills to prevent escape.

DOC 349.06(9)(c) (c) If locks to cell or holding room doors have an electric release, the electric release shall have a mechanical emergency release. The mechanical emergency release may be by key at the cell door provided that the inmate does not have access to the key hole mechanism.

DOC 349.06(10) (10) Access to controls. Inmates may not have access to plumbing, wiring, vents, thermostats, switches or controls.

DOC 349.06 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90.

DOC 349.07 DOC 349.07 Physical environment of existing lockups.

DOC 349.07(1) (1) This section applies to lockups that were constructed before February 1, 1990 and have not been substantially remodeled on or after February 1, 1990.

DOC 349.07(2) (2) Each cell shall be designed and used for single occupancy only.

DOC 349.07(3) (3) Each cell shall be at least 5-1⁄2 feet wide and 7-1⁄2 feet long and provide 400 cubic feet of air space.

DOC 349.07(4) (4) Each cell shall contain a rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of similar strength, a prison-type wash bowl a prison-type toilet. The supply of water shall be adequate.

DOC 349.07(5) (5) All windows accessible to prisoners shall be covered with a heavy gauge screen of 1⁄4″ mesh or less or a detention screen to prevent passage of contraband.