Chapter DOC 349

DOC 349.08(3) (3) If the facility where the lockup is located has a kitchen where food is prepared for inmates, the kitchen shall meet the requirements for food service and dishwashing provided in ss. DHS 190.09 and 190.10.

DOC 349.08(4) (4) All food served to inmates shall be clean, free from spoilage, free from adulteration and misbranding and safe for human consumption.

DOC 349.08 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. am. (1), eff. 3-19-90; am. (1) (intro.) and (b), Register, November, 1990, No. 419, eff. 12-1-90; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

DOC 349.09 DOC 349.09 Health care.

DOC 349.09(1) (1) The lockup administrator shall provide or secure necessary medical treatment for persons in custody, including treatment for inmates who appear to be seriously ill or injured, inmates who exhibit significant mental or emotional distress and inmates who appear to be so significantly under the influence of a controlled substance or alcohol as to have impaired functioning.

DOC 349.09(2) (2) The lockup administrator shall provide or secure emergency dental care for inmates.

DOC 349.09(3) (3) No prescription medication or treatment may be administered to an inmate unless prescribed by a physician. If a nurse or physician is not available, lockup staff may deliver prescribed doses of oral medication at prescribed times.

DOC 349.09(4) (4) Any medications kept at the lockup shall be stored in a secure area that is not accessible to inmates.

DOC 349.09(5) (5) If an inmate dies or becomes acutely ill while in custody, the next of kin shall be notified as soon as possible.

DOC 349.09(6) (6) An itemized list shall be kept for 90 days of all food and beverages served during normal meal times.

DOC 349.09(7) (7) Medical records shall be kept separate from other records and shall be maintained in a confidential manner in accordance with ss. 146.81 to 146.83, Stats., and any other applicable state or federal laws.

DOC 349.09 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; r. (1) and (5), renum. (2) to (4) and (6) to (8) to be (1) to (6), cr. (7), Register, December, 1992, No. 444, eff. 1-1-93.

DOC 349.10 DOC 349.10 Fire safety.

DOC 349.10(1) (1) Each lockup shall have and shall properly maintain fire alarms, smoke and thermal detectors, fire extinguishers, fire attack equipment and self-contained breathing apparatuses which operate for at least 30 minutes. This equipment shall be placed in the lockup facility in accordance with the advice of the local fire department.

DOC 349.10(2) (2) Each lockup shall develop written policies on fire protection, evacuation, including evacuation of persons with disabilities, and training of staff in equipment use and evacuation. The policies shall comply with local fire department recommendations.

DOC 349.10(3) (3) The evacuation route developed as part of the evacuation policy under sub. (2) shall be posted in a conspicuous place for lockup staff within the lockup facility.

DOC 349.10(4) (4) The lockup administrator shall arrange for a fire inspection by the local fire department at least once every 6 months. Documentation of fire inspections shall be included in facility files.

DOC 349.10 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90.

DOC 349.11 DOC 349.11 Records and reporting.

DOC 349.11(1) (1) Register of inmates. Each lockup shall keep a register of all inmates. The register shall contain identifying information on each inmate that includes name, residence, age, sex, date of birth, race, time and date of confinement, cause and authority for the confinement, time and date of release, and the releasing authority. If an inmate escapes from confinement, the date, time and manner of the escape shall be recorded in the register.

DOC 349.11(2) (2) Lockup log. Each lockup shall have a log which shall include the information required in s. DOC 349.12 (1) and (5). The log shall be maintained by shift on a daily basis.

DOC 349.11(3) (3) Storage of records. Records shall be kept in a secure area.

DOC 349.11(4) (4) Reporting requirements.

DOC 349.11(4)(a) (a) The lockup administrator shall notify the division’s regional detention facilities specialist within 48 hours after any of the following events occur:

DOC 349.11(4)(a)1. 1. An inmate dies;

DOC 349.11(4)(a)2. 2. An inmate attempts suicide and is admitted to a hospital, not including an emergency room admission or admission for detention and evaluation under ch. 51, Stats., or is provided medical treatment for a life-threatening injury incurred as a result of the suicide attempt;

DOC 349.11(4)(a)3. 3. An inmate has received an injury and is hospitalized due to the injury;

DOC 349.11(4)(a)4. 4. An inmate escapes or attempts to escape from confinement; or

DOC 349.11(4)(a)5. 5. There is any significant damage to the lockup affecting the safety or security of the lockup.

DOC 349.11(4)(b) (b) Information requested by the division shall be promptly furnished by the lockup administrator.

DOC 349.11 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. r. and recr. (4) (a), eff. 3-19-90; r. and recr. (4) (a), Register, November, 1990, No. 419, eff. 12-1-90.

DOC 349.12 DOC 349.12 Security.

DOC 349.12(1) (1) Lockup staff shall physically inspect all areas of the lockup occupied by inmates at irregular intervals but at least once every 60 minutes during the day and night, to ensure that inmates are in custody and are safe, except that areas occupied by inmates who have been identified by lockup staff as having a special problem, such as mental disturbance, a suicidal tendency or severe alcohol or drug withdrawal, shall be physically inspected at least once every 15 minutes. Lockup staff shall record each inspection in the lockup log, including the time of the inspection and the inspecting staff member’s initials.

DOC 349.12(2) (2) There shall be at least 3 complete sets of lockup and fire escape keys, one set in use, one set stored in a secure place within the secure detention area which is accessible only to lockup personnel for use in an emergency and one set stored in a secure place outside the secure detention area.

DOC 349.12(3) (3) All lockup personnel shall be given instructions concerning the use and storage of lockup and fire escape keys and shall be held strictly accountable for keys assigned to them.

DOC 349.12(4) (4) All lockup personnel shall be familiar with the lockup system of the lockup facility and shall be able to release inmates promptly in the event of a fire or other emergency.

DOC 349.12(5) (5) The lockup administrator shall ensure that lockup staff make monthly inspections to determine if cell and fire escape locks and doors are in good working order. Each inspection shall be recorded in the lockup log.

DOC 349.12 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90.

DOC 349.13 DOC 349.13 Use of force. Corporal punishment of inmates is forbidden.

DOC 349.13 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. r. and recr. eff. 3-1-90; r. and recr. Register, November, 1990, No. 419, eff. 12-1-90.

DOC 349.14 DOC 349.14 Discipline. Lockup staff may not give an inmate disciplinary authority over another inmate.

DOC 349.14 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90.

DOC 349.15 DOC 349.15 Exceptions.

DOC 349.15(1) (1) The division administrator or designee may grant a variance to a requirement found in this chapter, except that no variance may be granted for the requirement of single occupancy cells under s. DOC 349.06 (3) (b) or 349.07 (2), for the minimum cell space requirement under s. DOC 349.06 (3) (c) or 349.07 (3) or for any requirement specifically imposed by Wisconsin Statutes.

DOC 349.15(2) (2) In order to obtain a variance, the lockup administrator shall demonstrate in writing to the division’s regional detention facilities specialist that strict enforcement of the rule would result in unreasonable hardship for administration of the lockup and that the variance would provide equivalent or better protection for the health, safety, welfare and rights of inmates and the public.

DOC 349.15(3) (3) The department may impose specific conditions, including time limits on a variance, in order to protect the health, safety, rights or welfare of inmates or the public.

DOC 349.15(4) (4) Violation of any condition under which a variance is granted constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and strictly enforce the rule.

DOC 349.15 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. r. and recr. eff. 3-19-90; r. and recr. Register, November, 1990, No. 419, eff. 12-1-90.

DOC 349.16 DOC 349.16 Policy and procedure manual.

DOC 349.16(1) (1) Content of manual. The lockup administrator shall develop a written policy and procedure manual for the operation of each lockup facility. The policies and procedures contained in the manual shall be developed in consultation with outside resources, such as medical, mental health, alcohol and other drug abuse, and developmental disabilities providers, and shall reference any agreements with such providers for the provision of services to inmates identified as needing care and treatment. The manual shall contain the following components:

DOC 349.16(1)(a) (a) Statement of the availability of the manual to staff.

DOC 349.16(1)(b) (b) Statement of the policies of the lockup facility on inmate programs, including inmate health screening and care, suicide prevention, control and administration of medications, and communicable disease control.

DOC 349.16(1)(c) (c) Statement of policies and procedures for detention of juveniles who are alleged to have committed a delinquent act, consistent with s. DOC 349.21.

DOC 349.16(1)(d) (d) Statement of the procedure for notification of inmates and juveniles of each policy under pars. (b) and (c).

DOC 349.16(2) (2) Submission and approval of manual.

DOC 349.16(2)(a) (a) Division approval. The lockup administrator shall submit the initial policy and procedure manual to the division for approval by April 1, 1993.

DOC 349.16(2)(a)1. 1. The division shall approve or disapprove the manual in writing within 60 days after submission. If the division approves the manual, the division shall notify the lockup administrator in writing of the approval.

DOC 349.16(2)(a)2. 2. If the division disapproves the manual, the division shall notify the lockup administrator in writing of the decision and the reasons for the disapproval. If the lockup administrator accepts the decision, the lockup administrator shall submit a revised manual which conforms with the decision within 21 days of the date of the disapproval. If the lockup administrator does not accept the decision of the division, then the lockup administrator may appeal under par. (b).

DOC 349.16(2)(b) (b) Appeal to secretary. Within 21 days of the date of the disapproval, the lockup administrator may appeal the division’s disapproval to the secretary. The secretary shall issue a decision within 30 days of the appeal. The decision shall be in writing and shall state the reasons for the decision. If required by the secretary’s decision, the lockup administrator shall modify the manual and resubmit it within 60 days of the decision to the division.

DOC 349.16(2)(c) (c) Changes to manual. Any proposed substantive changes to an approved manual shall be submitted to the division and shall be reviewed under the procedures of this section.

DOC 349.16 History History: Cr. Register, December, 1992, No. 444, eff. 1-1-93; emerg. renum. (1) (c) to be (1) (d) and am., cr. (1) (c), eff. 12-10-98; renum. (1) (c) to be (1) (d) and am., cr. (1) (c), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.17 DOC 349.17 Inmate health screening and care. The manual under s. DOC 349.16 shall contain policies and procedures for inmate health screening and care, including the following components:

DOC 349.17(1) (1) Health screening form which is developed in conjunction with health care professionals and which is used at booking to obtain information relating to each inmate’s medical and dental condition, medical illnesses or disabilities, mental illnesses, developmental disabilities, alcohol or other drug abuse problems and suicide risk.

DOC 349.17(2) (2) Procedures for the documentation of health screening results, referrals made or health care provided and maintenance of documents in an inmate’s confidential medical file.

DOC 349.17(3) (3) Names, addresses and telephone numbers of health care providers or agencies who have agreed to provide emergency and other health care services for special needs inmates.

DOC 349.17(4) (4) Procedures for the referral of an inmate to lockup facility health care staff or to other agencies which provide health care.

DOC 349.17(5) (5) Designation of staff who have the authority to make health care decisions, including emergency medical and dental care.

DOC 349.17(6) (6) Documentation in an inmate’s confidential medical file of any referral and identification of the services provided, including emergency services.

DOC 349.17(7) (7) Maintenance of agreements between the lockup facility and providers of health care services.

DOC 349.17 History History: Cr. Register, December, 1992, No. 444, eff. 1-1-93.

DOC 349.18 DOC 349.18 Suicide prevention. The manual under s. DOC 349.16 shall contain policies and procedures relating to the supervision and housing of inmates who may be at risk of seriously injuring themselves, including the following components:

DOC 349.18(1) (1) Assessment of an inmate’s suicide risk at booking and documentation of the results.

DOC 349.18(2) (2) Designation of persons who may assess an inmate’s level of suicide risk and who may authorize placement on and removal from a suicide watch status for inmates who are suicide risks.

DOC 349.18(3) (3) Identification of housing areas for inmates who are suicide risks.

DOC 349.18(4) (4) Referral of inmates who are suicide risks to mental health care providers or facilities.

DOC 349.18(5) (5) Supervision of inmates who are suicide risks, including frequency of observation and documentation of supervision.

DOC 349.18(6) (6) Communication between health care and lockup facility personnel regarding the status of an inmate who is a suicide risk.

DOC 349.18(7) (7) Intervention of a suicide in progress, including first aid measures.

DOC 349.18(8) (8) List of persons to be notified in case of potential, attempted or completed suicides.

DOC 349.18(9) (9) Documentation of actions and decisions regarding inmates who are suicide risks.

DOC 349.18 History History: Cr. Register, December, 1992, No. 444, eff. 1-1-93.

DOC 349.19 DOC 349.19 Control and administration of medications. The manual under s. DOC 349.16 shall contain policies and procedures relating to the control and administration of prescription and nonprescription medications, including the following components:

DOC 349.19(1) (1) Determination by appropriate personnel that all medications brought in by inmates or other persons for an inmate are necessary.

DOC 349.19(2) (2) Inventory and secured storage of all medications brought into the lockup facility.

DOC 349.19(3) (3) Designation of staff who are authorized to administer or who are authorized to deliver medication to inmates.

DOC 349.19(4) (4) Administration or delivery of prescription and nonprescription medications to inmates.

DOC 349.19(5) (5) Documentation of all medication administered or delivered to an inmate, including who prescribed the medication, who administered or delivered the medications and the date and time of administration or delivery. All refusals of recommended or prescribed medications by an inmate must be documented.

DOC 349.19(6) (6) Return of an inmate’s medications inventoried at admission.

DOC 349.19(7) (7) Inventory or disposal of unused medications upon the inmate’s release or transfer.