Wisconsin Legislature: Ch. DOC 349 TOC

Ch. DOC 349 Note Note: Chapter HSS 349 was renumbered Chapter DOC 349 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412.

DOC 349.01 DOC 349.01 Purpose and authority.

DOC 349.01(1) (1) The purpose of this chapter is to establish minimum standards for the design, construction and security of municipal lockup facilities, for maintaining sanitary and safe conditions in lockups and for the development of written program standards for municipal lockup facilities relating to holding inmates and juveniles who are alleged to have committed a delinquent act.

DOC 349.01(2) (2) The purpose of this chapter as it applies to juveniles is to protect the health, safety and welfare of juveniles held in municipal lockup facilities, and to ensure compliance with 42 USC 5601 to 5761 and 28 CFR Part 31.

DOC 349.01(3) (3) This chapter is promulgated under the authority of ss. 227.11 (2) (a), 301.03 (5), 301.36, 301.37, 302.365, and 938.209 (2m), Stats.

DOC 349.01 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, December, 1992, No. 444, eff. 1-1-93; emerg. renum. (intro.) to be (1), cr., (2) and (3), eff. 12-10-98; renum. intro. to be (1), cr. (2) and (3), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.02 DOC 349.02 Applicability. This chapter applies to all lockup facilities operated by municipalities under ss. 302.30, 61.24, and 62.09 (13), Stats.

DOC 349.02 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90.

DOC 349.03 DOC 349.03 Definitions. In this chapter:

DOC 349.03(1) (1) “Administer" has the meaning given in s. 450.01 (1), Stats.

DOC 349.03(1m) (1m) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained 17 years of age.

DOC 349.03(2) (2) “Cell" means a secure room designed and used as a sleeping room for one person confined in a lockup facility.

DOC 349.03(3) (3) “Confinement" means placement in a cell or holding room of a person who has been arrested and is awaiting an initial appearance in court or to post bond.

DOC 349.03(4) (4) “Contraband" means any item not allowed in a lockup by the lockup administrator.

DOC 349.03(4m) (4m) “Delinquent act" means an act which is committed by a juvenile who is 10 years of age or older and which is a violation of any state or federal criminal law, except as provided in ss. 938.17, 938.18, and 938.183, Stats., or which constitutes a contempt of court, as defined in s. 785.01 (1), Stats., as specified in s. 938.355 (6g), Stats.

DOC 349.03(5) (5) “Deliver" or “delivery" has the meaning given in s. 450.01 (5), Stats.

DOC 349.03(6) (6) “Department" means the Wisconsin department of corrections.

DOC 349.03(7) (7) “Detention strength" means strong enough to resist damage an inmate could inflict with tools or equipment that would normally be in his or her possession.

DOC 349.03(8) (8) “Division" means the division of probation and parole.

DOC 349.03(9) (9) “Health screening form" means the form or forms developed by a lockup facility to obtain at admission 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 349.03(10) (10) “Holding room" means a secure room in the lockup designed for holding, after arrest, one or more inmates of the same sex and security classification and segregated according to the requirements specified in s. 302.36, Stats., for purposes of processing admissions and releases.

DOC 349.03(10m) (10m) “Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age.

DOC 349.03(11) (11) “Lockup administrator" means the person in charge of lockup operations or a designee.

DOC 349.03(12) (12) “Lockup facility" or “lockup" means a temporary place of detention within a police station which is used exclusively for confinement of persons under arrest before those persons are brought before a court or post bond.

DOC 349.03(13) (13) “Privileged mail" means any written materials between an inmate and an attorney, court, government or facility official.

DOC 349.03(14) (14) “Secretary" means the secretary of the department.

DOC 349.03(14m) (14m) “Secure custody status" means the status of a juvenile in a lockup facility, which begins when the juvenile is placed in a cell, holding room, or other locked or secure room within the lockup and which ends when the juvenile is released from custody or is removed from the secure portion of a police station.

DOC 349.03(15) (15) “Secure detention area of the lockup" means the area within the secure outer boundaries of a lockup.

DOC 349.03(16) (16) “Security classification" means a grouping of inmates based on the level of supervision required, the nature of the offense or offenses for which the inmates were arrested and any other criteria set by the lockup administrator.

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.