Wisconsin Legislature: DOC 350.03(20)

DOC 350.33 Recreation.

DOC 350.34 Publications.

Note: Chapter DOC 350 as it existed on August 31, 2014, was repealed and a new ch. DOC 350 was created, Register August 2014 No. 704, effective September 1, 2014.

DOC 350.01 Purpose and authority. The purpose of this chapter is to establish minimum standards for the design, construction, and operation of jails and houses of correction. The rules are promulgated under the authority of ss. 227.11 (2) (a), 301.03 (5), 301.36, 301.37, and 302.365, Stats.

History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.02 Applicability. This chapter applies to all jails established by counties under s. 302.30, Stats., all state-local shared correctional facilities established under s. 302.45, Stats., and all county houses of correction established under s. 303.16, Stats.

History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.03 Definitions. In this chapter:

(1) “Administer” has the meaning given in s. 450.01 (1), Stats.

(2) “Cell” means a secure room designed and used as a sleeping room for one person confined in a jail, except that, when the jail meets the conditions for double celling under s. DOC 350.20, “cell” means a secure room designed as a sleeping room and used for sleeping one or two persons confined in a jail.

(3) “Confinement” means placement in a cell of a person who has been arrested and is awaiting bail or bond posting, arraignment, or another legal proceeding listed under ss. 938.208 and 938.209, Stats., for juveniles, or s. 302.31, Stats., for adults.

(4) “Contraband” means any item not allowed in a jail by the sheriff or by this chapter.

(5) “Court holding room” means a secure room outside the secure perimeter of the jail adjacent to or near courtrooms.

(6) “Dayroom” means an area in a jail that is readily accessible to inmates, contiguous to a group of cells or dormitory, and is designed and used for leisure or recreation activities but not for sleeping purposes.

(7) “Deliver” or “delivery” has the meaning given in s. 450.01 (5), Stats.

(8) “Department” means the Wisconsin department of corrections.

(9) “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.

(10) “Dormitory” means a room used for sleeping purposes and designed for occupancy by two or more persons.

(11) “Exercise space” means a room or an area in a jail that is designated for inmate exercise and recreation.

(12) “Health screening form” means the form used to record information about medical, mental health, and dental conditions; physical and developmental disabilities; alcohol or other drug abuse problems; and suicide risk.

(13) “Holding room” means a secure room in the jail designed for holding more than one inmate of the same sex and classification for the purpose of processing admissions and releases.

(14) “Huber law inmate” means an inmate who has been granted the privilege of leaving a jail under s. 303.08 or 973.09 (4), Stats.

(15) “Jail” means a place of confinement operated by a sheriff for the purposes listed under s. 302.31, Stats. “Jail” includes a jail as defined under s. 302.30, Stats., a state-local shared correctional facility as defined under s. 302.45, Stats., and a county house of correction as defined under s. 303.16, Stats.

(16) “Multipurpose room” means a room or an area in a jail that is designated for programming or congregate assembly other than visiting.

(17) “Natural lighting” means direct or indirect illumination as provided by the sun or daylight.

(18) “Privileged mail” means any written materials between an inmate and an attorney.

(19) “Receiving cell” means a secure room designed and used as a sleeping room for one person confined in a jail to segregate the person for admission, release, or disciplinary purposes.

(20) “Secretary” means the secretary of the department.

(21) “Secure perimeter of the jail” means the secure outer boundaries of a jail.

(22) “Security classification” means a grouping of inmates based on the level of supervision required, the nature of the offense for which the inmate was arrested or of which the inmate was convicted, or other criteria set by the sheriff.

(23) “Sheriff” means the person in charge of jail operations or a designee.

(24) “Unencumbered space” means usable floor space that is not encumbered by furnishings or fixtures.

History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; r. and recr. Register, November, 1990, No. 419, eff. 12-1-90; renum. (1) to (16) to be (2) to (5), (7) to (10), (12) to (15), (17), (19) to (21) and am. (9), cr. (1), (6), (11), (16), (18) and (22), Register, December, 1992, No. 444, eff. 1-1-93; corrections in (3) made under 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.04 Construction plans.

(1) Before design development begins, a county that intends to build or remodel a jail shall file a letter of intent with the department’s regional detention facilities specialist.

(2) Copies of original and updated drawings of the area within the secure perimeter of the jail shall be submitted to the department’s regional detention facilities specialist at the same time the drawings are submitted to the county.

(3) All sites, plans, and specifications for construction or remodeling of a jail shall comply with the Wisconsin commercial building code.

(4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.

(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.

History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; corrections in (3) and (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522; 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; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.05 Physical environment for new or substantially remodeled jails.

(1) Applicability. This section applies only to jails that are constructed or substantially remodeled on or after September 1, 2014.

(2) Furniture and fixtures. Furniture and fixtures used in a jail shall be of detention strength materials and manufactured, sold, and installed by firms that specialize in detention equipment or ordered from a firm that will follow the specifications for detention strength equipment in this chapter, including all of the following:

(a) Benches.

(b) Bolts.

(d) Ceilings.

(e) Clothing hooks.

(f) Contraband proof thresholds.

(g) Desks.

(h) Door pulls.

(i) Drinking fountains.

(j) Floor drains.

(k) Food passes.

(L) Glazing.

(m) Grills over vents and windows.

(n) Hinges.

(o) Key cabinets.

(p) Lights.

(q) Locking mechanism housings.

(r) Mirrors.

(s) Observation ports.

(t) Screws.

(u) Seats.

(v) Security doors.

(w) Security locks.

(x) Security screens.

(y) Shelves.

(z) Showers.

(za) Skylights.

(zb) Speaking ports.

(zc) Sprinkler heads.

(zd) Tables.

(ze) Toilets.

(zf) Urinals.

(zg) Walls.

(zh) Washbasins.

(zi) Windows.

(zj) Window and door frames.

(3) Cells.

(a) This subsection applies to all cells except receiving cells and holding rooms. Requirements for receiving cells are specified under sub. (5), and requirements for holding rooms are specified under sub. (7).

(b) Except if s. DOC 350.20 applies, each cell shall be designed and used only for single occupancy.

(c) Except if s. DOC 350.20 applies, each cell shall have a floor area of at least 35 square feet of unencumbered space. 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.

(d) Double cells shall have a floor area of at least 25 square feet of unencumbered space per occupant. 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.

(e) There shall be at least one shower or bathtub in each area where cells are located. There shall be hot and cold running water in the showers and bathtubs, and the hot water shall maintain a minimum temperature of 110°F to the mixer. In this paragraph, “mixer” means the part of the plumbing system that combines hot and cold water.

(f) All dayrooms, dormitories, and cellblocks shall provide the occupants with access to natural light.

(g) Each cell shall have all of the following: