Wisconsin Legislature: DOC 350.18(3)

(1) Obtaining documented information from the arresting or transporting agency to assess an inmate’s potential for suicide or self-harm.

(2) Intake screening of inmates that includes interview items and staff observation related to potential suicide risk.

(3) Procedure for placement of an inmate on suicide watch. Policies and procedures relating to the procedure for placing an inmate on suicide watch shall include all of the following components:

(a) Immediate notification to designated supervisory staff if an inmate is identified as a suicide risk.

(b) Designation of housing areas and security precautions for inmates who are placed on suicide watch.

(c) Description of monitoring procedures for inmates on suicide watch, including frequency and documentation of wellness checks.

(4) Identification of trained persons who may assess an inmate’s level of suicide risk.

(5) Notification to qualified mental health professionals within 12 hours of placement of a potentially suicidal inmate on suicide watch. Assessment by a qualified mental health professional shall be completed as soon as practicable.

(6) Identification of qualified mental health professionals who are authorized to remove an inmate from a suicide watch status after an on-site face-to-face assessment.

(7) Frequency of communication between health care and jail personnel regarding the status of an inmate who is on suicide watch.

(8) Intervention protocol during an apparent suicide attempt, including life-sustaining measures.

(9) Identification of persons to be notified in case of attempted or completed suicides.

(10) Documentation of actions and decisions regarding inmates who are suicide risks, including all of the following:

(a) Individual initiating the suicide watch.

(b) Date and time watch was initiated.

(d) Name of supervisor contacted.

(e) Date and time supervisor contacted.

(f) Name, date, and time of referral to mental health professional.

(g) Written documentation from the mental health professional removing an inmate from a suicide watch including name, date, and time.

(11) Implementation of 2 hours of annual documented staff training regarding suicide prevention and identification of risk factors.

(12) Access by staff to debriefing and support services.

(13) Implementation of an operational review following a suicide or significant suicide attempt.

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

DOC 350.18 Security. The jail shall have policies and procedures relating to jail security, including all of the following components:

(1) Inmate supervision. The jail shall have a system providing for well-being checks of inmates. Policies and procedures shall provide that all inmates are personally observed by jail security staff at staggered intervals not to exceed the following:

(a) 60 minutes.

(b) 15 minutes for inmates housed on suicide watch.

(2) Supplemental observation. A video monitoring system may be used to supplement but not replace personal observations.

(3) Documentation. Each observation shall be documented.

(4) Inmate counts. Description of the system for physically counting inmates. Formal counts shall be completed and documented at least three times per day, with a minimum of one count per shift.

(5) Security inspections. Description of procedures for conducting and documenting facility and area searches.

(6) Inmate searches. Description of procedures for conducting and documenting inmate pat down, strip, and body cavity searches.

(7) Door and lock inspections. Monthly inspections shall be made to determine if all jail doors and locks within and to the secure perimeter of the facility are in good working order. Each inspection shall be documented.

(8) Key control. Control and use of jail keys, including all of the following:

(a) All issued keys shall be inventoried and accounted for at shift change.

(b) All keys shall be stored in a secure area and accessible in the event of an emergency.

(9) Weapons control. Introduction, availability, control, inventory, storage, and use of firearms, chemical agents, electronic control devices, or other related security devices and specification of the level of authority required for their access and use.

(10) Tool and sharps control. Introduction, availability, control, inventory, storage, and use of tools and sharps within the facility.

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

DOC 350.19 Fire safety. The jail shall have policies and procedures relating to fire safety, including the following components:

(1) The facility conforms to applicable federal, state, and local fire safety codes.

(2) Each jail shall develop a fire safety policy in accordance with local fire department recommendations that addresses all of the following:

(a) Local fire department inspection requirements under sub. (5).

(b) Fire protection equipment location and maintenance. Each jail shall have and shall properly maintain fire alarms, smoke and thermal detectors, fire extinguishers, and self-contained breathing apparatuses which operate for at least 30 minutes.

(d) A written evacuation plan.

(3) The evacuation route developed as part of the evacuation plan under sub. (2) (d) shall be posted in a conspicuous place for staff in the jail.

(4) Fire safety evacuation and other procedures shall be practiced or simulated by all jail staff at least once every 12 months. Each practice or simulation shall be documented.

(5) The facility shall be inspected by the local fire department at least once every 12 months and a record thereof shall be maintained.

(6) There shall be monthly inspections of the facility to ensure compliance with safety and fire prevention standards. Inspections shall be documented.

(7) After September 1, 2014, sprinkler heads accessible to inmates not under direct supervision must be tamper and suicide resistant.

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

DOC 350.20 Double celling. If approved by the department, the jail shall have policies and procedures relating to double celling, including the following components:

(1) The county board and sheriff shall determine jointly the adequate staffing needs, including support staff and services that are required to ensure the health, safety, and security of the jail staff and inmates when using cells for double occupancy. The joint determinations shall be in writing and signed by the representatives of the county board and the sheriff and shall be filed with the department. The written joint determination shall remain in effect until rescinded or amended by mutual written agreement of the county board and sheriff. Unless there is adequate staff as agreed upon by the county board and sheriff, double celling may not occur.

(2) Inmates housed in the same cell shall have the same custody classification and be properly segregated as required under s. 302.36, Stats.

(3) For male and female housing areas, at least one cell or 15% of the jail’s total number of cells, whichever is greater, shall be maintained for single occupancy.

(4) Receiving cells may not be used for double occupancy.

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

DOC 350.21 Inmate classification. All jails shall meet the requirements set forth in s. 302.36, Stats. The sheriff shall establish and maintain an objective prisoner classification system to determine prisoner custody status and housing assignment, and develop eligibility criteria for prisoner participation in available work assignments, programs, and community service projects. The jail shall have policies and procedures relating to classification, including the following components:

(1) Description of the objective prisoner classification system, including the identification and training of staff authorized to classify prisoners, initial classification and reclassification procedures, and prisoner appeal process.

(2) Eligibility criteria for prisoner participation in available work assignments, programs, and community service projects.

(3) Review of prisoner classification decisions.

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

DOC 350.22 Use of force. The jail shall have policies and procedures for the use of force, including the following components:

(1) Jail staff may use physical force against an inmate only if force is necessary to change the location of an inmate or to prevent death or bodily injury to the staff member, the inmate, or someone else, unlawful damage to property, or the escape of an inmate from the jail. Staff may use only the amount of force reasonably necessary to achieve the objective for which force is used. Corporal punishment of inmates is forbidden.

(2) Any staff member who has used force to control an inmate or inmates shall submit a written report to the sheriff, jail administrator or the staff member’s supervisor describing the incident. The report shall include all known relevant facts and be submitted by the end of the shift unless otherwise authorized by the sheriff or sheriff’s designee.

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

DOC 350.23 Use of restraints. The jail shall have policies and procedures governing the use of restraints and control devices, including the following components:

(1) Restraint devices are never used as punishment and are not applied longer than necessary.

(2) When an inmate is mechanically restrained for non-routine purposes, a written report must be completed by the end of the shift unless otherwise authorized by the sheriff or sheriff’s designee. Documentation shall include the reason for use, duration of use, and corresponding wellness checks.

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

DOC 350.24 Discipline. The jail shall have policies and procedures outlining inmate discipline and due process, including the following components:

(1) Inmate rules of behavior. Every jail shall have written rules of behavior for inmates. At the time of admission, each person shall be notified verbally of the existence of the jail’s rules for inmate behavior and the potential disciplinary actions for violation of the rules. Each inmate shall be provided with a copy of the jail rules or copies of the rules shall be posted in conspicuous places in the jail.

(2) Discipline for a minor violation.

(a) In this subsection, “minor violation” means a violation of the jail’s rules of behavior for which minor discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A minor discipline is a verbal or written reprimand, restriction of privileges for 24 hours or less, or placement in disciplinary segregation for 24 hours or less.

(b) A staff member who observes an inmate committing a minor violation shall inform the inmate of the rule that he or she has violated, the potential discipline, and the disciplinary procedures for minor violations under pars. (c) to (g).

(c) The staff member shall give the inmate an opportunity to make a verbal statement about the alleged violation to the staff member.

(d) The staff member may impose a minor discipline if he or she finds that a violation occurred.

(e) The staff member shall inform his or her supervisor of the incident and the discipline administered as soon as the supervisor is available. The supervisor shall review the incident and discipline administered. If the supervisor concludes that the violation constitutes a major violation, the alleged infraction shall be handled in accordance with sub. (3). If the supervisor finds that no violation has occurred, the inmate shall be notified that the charge has been dismissed.

(f) The inmate may appeal the supervisor’s decision. The jail shall have a procedure for an inmate to follow if the inmate wishes to appeal that decision. The inmate shall be notified of his or her right to appeal the supervisor’s decision and of the jail’s procedure for making the appeal.

(g) Information about the incident, the discipline administered, and the supervisor’s decision shall be made part of the inmate’s file. If the supervisor finds that no violation occurred or if the reviewer of an appeal submitted under par. (f) finds that no violation occurred, the due process records shall reflect those findings.

(3) Discipline for a major violation.

(a) In this subsection, “major violation” means a violation of the jail’s rules of behavior for which major discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A major discipline is restriction of privileges for more than 24 hours, placement in solitary confinement for more than 24 hours in accordance with s. 302.40, Stats., loss of good time in accordance with s. 302.43, Stats., restrictions affecting Huber law privileges in accordance with s. 303.08, Stats., or restrictions affecting work release in accordance with s. 303.065, Stats.

(b) A staff member who observes an inmate committing a major violation shall submit a written report to his or her supervisor within 24 hours of the incident.

(c) The inmate shall be notified of the charges and of his or her right to a hearing under par. (d) at least 24 hours in advance of the hearing. The inmate may waive this time requirement.

(d) A due process hearing shall be held within seven calendar days unless an inmate waives the right to a due process hearing under par. (e). The due process hearing shall be conducted in accordance with all of the following:

1. An impartial hearing officer or committee shall conduct the due process hearing. The hearing may not be conducted by a person who may review an appeal made under par. (d) 6. or who has personally observed, been a part of, or investigated the incident which is the subject of the hearing.