Wisconsin Department Of Corrections
To Adopt Emergency Rules
Introductory Clause
The statement of scope for this rule, SS #051-18, was approved by the Governor on May 8, 2018, published in Register Number 749A3, on May 21, 2018, and approved by Department of Corrections Secretary Jon Litscher on June 4, 2018. This emergency rule was approved by the Governor.
Finding of emergency: The objective of this rule-making order is to establish an emergency rule in response to the creation of 2017 Wisconsin Act 185, which authorizes the design and construction of secured residential care centers for children and youth. Pursuant to 2017 Act 185, published March 31, 2018, notwithstanding sections 227.24 (1) (a) and (3) of the statutes, the Department of Corrections is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Emergency Rule Summary
1. Statutes interpreted:
2. Statutory authority to promulgate the rule:
3. Explanation of agency authority:
Pursuant to ss. 938.22 (2) (a) and 938.48 (16) (b), the Department of Corrections has responsibilities imposed by statute for establishing standards for the approval, design, construction, repair, maintenance, and operation of a Secure Residential Care Center for Children and Youth. The department also has responsibility to establish standards for services, programming, and uniform data reporting requirements for these facilities. 4. Related statute or rule:
Not Applicable.
5. Plain language analysis:
Pursuant to 2017 Wisconsin Act 185, the Department of Corrections is required to promulgate emergency rules for Secured Residential Care Center for Children and Youth operated by a county, Indian tribe, or child welfare agency. This emergency rule establishes standards for the approval, design, construction, repair, maintenance, and operation of a Secure Residential Care Center for Children and Youth. The rule also establishes standards for services, programming, and uniform data reporting requirements for these facilities. It further recognizes the need to protect the health, safety, and welfare of youth placed in these facilities and incorporates the Department of Corrections’ initiatives towards successful reentry of youth into the community. This emergency rule: a. Creates provisions to protect and provide security to youth and staff.
b. Incorporates trauma-informed principles and best youth correctional practices.
c. Establishes structured programs and services that incorporate community partnerships, vocational opportunities, independent living, life skills, leisure, and recreation activities.
d. Provides youth access to family and social supporters and involves them in programming and activities.
e. Establishes opportunities for family and social supporters to provide recommendations to the facility concerning programs, services, and operations.
f. Establishes complaint and grievance procedures for youth and family members.
g. Includes various definitions and provisions relating to the operation and design of a facility.
h. Establishes procedures for entities to request a variance of a standard under the chapter.
i. Incorporates minimum construction and physical environment requirements.
j. Establishes case planning and treatment that incorporates evidence-based practices which engages youth, family, and social supporters in an overall treatment approach.
k. Ensures facilities coordinate with local school districts to ensure youth have access to education.
l. Provides standards for documenting education of youth.
m. Establishes uniform data reporting requirements as required by the Department of Corrections.
n. Establishes admission criteria, screening, classification, assessment, release, and reentry standards.
o. Establishes minimum staffing and training requirements for facilities.
p. Incorporates health and mental health care requirements including screening, assessments, medical and dental care, mental health care, informed consent, suicide and self-harm prevention, and the administration of medication.
q. Provides records storage, reporting, and documentation requirements.
r. Requires entities to establish a youth conduct system that includes incentives for positive behavior and prohibits dispositions that are contrary to the rehabilitation of youth.
s. Establishes requirements concerning hygiene and sanitation.
t. Provides flexibility for facilities to be physically collocated with other facility types and identifies specified physical spaces that can be shared.
u. Disallows physical and visual contact between youth and adult inmates.
v. Requires an approved written operation plan and identifies required policy and procedures within the plan.
6. Summary of, and comparison with, existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule:
The federal regulations for the Prison Rape Elimination Act imposes standards for the analysis of the incidence and effects of prison rape in federal, state, and local institutions, and to provide information, resources, recommendations and funding to protect individuals from prison rape. The applicable standards imposed by Prison Rape Elimination Act are incorporated and required in this rule.
The Juvenile Justice and Delinquency Prevention Act provides support to state and local governments to prevent and control juvenile delinquency and to improve the juvenile justice system, including the sight and sound separation of juveniles from adult inmates in a secured institution. The applicable standards imposed by the Juvenile Justice and Delinquency Prevention Act are incorporated and required in this rule.
7. Comparison with similar rules in adjacent states:
Illinois & Iowa. Illinois and Iowa do not have rules governing long-term youth correctional orders that are operated by counties or tribes. Rules in these states more closely align to ch. DOC 346 governing short-term juvenile detention or ch. DCF 52 governing non-secure residential care centers for children and youth. Other rules govern state-operated facilities with youth for long term correctional orders similar to chapters DOC 371, DOC 373, DOC 374, DOC 375, DOC 376, DOC 379, DOC 380, and DOC 381. Minnesota. Minnesota establishes standards governing certain facilities similar to secured residential care centers for children and youth including provisions governing licensing, resident rights, policies and procedures, construction and physical plant requirements, lock and key control, admission and release, discharge, use of dangerous materials and hazardous substances, restrictive procedures, personnel, programming and services, programming outcomes, and facility evaluations.
Michigan. Michigan establishes standards governing certain facilities similar to secured residential care centers for children and youth including provisions governing records and reporting, policy and procedures, facility plans, licensing, environmental health, fire safety requirements, admission and release, staffing, food service and nutrition, health care, mental health care, resources for children and youth, programming and services, and discipline.
8. Summary of the factual data and analytical methodologies:
The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s. 227.114, Stats. 9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
Not applicable.
10. Effect on small businesses:
Not applicable.
11. A copy of any comments and opinion prepared by the Board of Veterans Affairs:
Not applicable.
12. Agency contact person:
13. Place where comments are to be submitted:
Written comments on the proposed rule should sent mailed or emailed to:
Text Of Emergency Rule
Section 1: Chapter DOC 347 is created to read: SECURED RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH
Subchapter I – General Provisions
DOC 347.01 Purpose. The purpose of this chapter is to:
(1) Establish standards for the approval, design, construction, repair, maintenance, and operation of secured residential care centers for children and youth.
(2) Establish standards for services, programming, and uniform data reporting requirements for counties or Indian tribes that operate or contract with a child welfare agency to operate a secured residential care center for children and youth.
DOC 347.03 Applicability. The provisions of this chapter apply to secured residential care centers for children and youth.
DOC 347.04 Definitions. In this chapter:
(1) “Administrative confinement” means an involuntary non-punitive confinement of a youth because the youth’s behavior presents a danger to others, or poses a serious risk to facility security, including but not limited to, escape risk or disturbance.
(2) “Assessment” means a process for identifying the risks, needs, and protective factors of youth by using an objective and validated assessment tool.
(3) “Body cavity search” means a manual inspection of the anal or vaginal cavity of a youth conducted by means of any instrument, apparatus, finger, or object.
(4) “Classification” means a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
(5) “Department” means the department of corrections.
(6) “Detention strength” means strong enough to resist damage a youth could inflict with tools or equipment that would normally be in his or her possession.
(7) “Dormitory” means a room used for sleeping purposes and designed for occupancy by three or more persons.
(8) “Exercise space” means a room or an area in a facility that is dedicated for youth exercise and recreation.
(9) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of physical force and mechanical restraints.
(10) “Health care assessment” means a process whereby an individual’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.
(11) “Holding room” means a secure room designed for holding one or more youth of the same gender for the purpose of processing admissions, releases, investigations, or court appearances not to exceed four hours.
(12) “Key” means any device that is used to operate a lock.
(13) “Master control” means a secure location that serves as a monitoring and control center for communications, life safety, security systems, and general building movement patterns, including entries and exits through the main security envelope of the facility.
