Chapter DOC 346

Subchapter XII — Youth Portion of a County Jail

DOC 346.49   Admission criteria.

DOC 346.50   Contact.

DOC 346.51   Existing facilities.

DOC 346.52   Staffing plan.

Subchapter XIII — Collocated with a Secured Residential Care Center for Children and Youth

DOC 346.53   Applicability.

DOC 346.54   Staffing plan.

DOC 346.55   Physical space.

Subchapter XIV — Collocated with an Adult Facility

DOC 346.56   Applicability.

DOC 346.57   Contact.

DOC 346.58   Staffing plan.

Ch. DOC 346 Note Note: Chapter HSS 346 was renumbered Chapter DOC 346 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412. Chapter DOC 346, as it existed on October 31, 2010 was repealed and a new chapter DOC 346 was created effective November 1, 2010. Chapter DOC 346 as it existed on July 31, 2025, was repealed and a new chapter DOC 346 was created effective August 1, 2025, Register July 2025 No. 835.

Ch. DOC 346 Note Note: This chapter applies to the Department of Corrections and the Department of Children and Families according to their respective responsibilities as designated in ch. 938, Stats., until such time as each of the departments can adopt separate rules.

subch. I of ch. DOC 346 Subchapter I — General Provisions

DOC 346.01 DOC 346.01 Purpose. The purpose of this chapter is to establish minimum standards for the approval, design, construction, maintenance, and operations of youth detention facilities and youth portions of county jails and the youth detention portion of a secured residential care center for children and youth.

DOC 346.01 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.02 DOC 346.02 Authority. This chapter is promulgated under the authority of s. 938.22 (2) (a), Stats., and implements ss. 301.36, 301.37, and 938.209, Stats.

DOC 346.02 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.03 DOC 346.03 Applicability. The provisions of this chapter apply to youth detention facilities, youth portions of county jails, and the youth detention portion of a secured residential care center for children and youth.

DOC 346.03 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

DOC 346.04 DOC 346.04 Definitions. In this chapter:

DOC 346.04(1) (1) “Administrative confinement” means a nonpunitive confinement of a youth because the youth’s behavior presents a danger to others or poses a serious risk to facility security, including escape or disturbance.

DOC 346.04(2) (2) “Assessment” means a process for identifying the risks, needs, and protective factors of youth by using an objective and validated assessment tool.

DOC 346.04(3) (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.

DOC 346.04(4) (4) “Classification” means a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to living units and programs according to their needs and existing resources.

DOC 346.04(5) (5) “Construction plans” mean the site plans, drawings, and specifications for construction or remodeling of a facility.

DOC 346.04(6) (6) “Contraband” means any item not allowed in a facility by the superintendent.

DOC 346.04(7) (7) “Dayroom” means an area contiguous to each living unit that is usable and accessible by youth and designed and used for leisure activities but not for sleeping purposes.

DOC 346.04(8) (8) “Department” means the department of corrections.

DOC 346.04(9) (9) “Detention strength” means strong enough to resist damage youth could inflict and to maintain safety and security and prevent youth from harming themselves or others.

DOC 346.04(10) (10) “Dormitory” means a room used for sleeping purposes and designed for occupancy by 3 or more youth.

DOC 346.04(11) (11) “Facility” means a youth detention facility, the youth portion of a county jail, or the youth detention portion of a secured residential care center for children and youth.

DOC 346.04(12) (12) “Force” means intentional physical contact between staff and youth to overcome resistance or to compel youth to act or to refrain from acting in a particular way.

DOC 346.04(13) (13) “Health care assessment” means a process whereby a youth’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.

DOC 346.04(14) (14) “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.

DOC 346.04(15) (15) “Living area” means the part of a youth detention facility normally occupied by youth, including dayrooms, multipurpose space, and adjacent control centers.

DOC 346.04(16) (16) “Mechanical restraint” means any device attached to a youth’s body that restricts freedom of movement or normal access to the youth’s body.

DOC 346.04(17) (17) “Multipurpose room” means an activity area designed and used for programming and services. “Multipurpose room” does not include a sleeping room, dayroom, dormitory, classroom, visiting space, or recreation space.

DOC 346.04(18) (18) “Natural light” means direct or indirect illumination as provided by the sun or daylight.

DOC 346.04(19) (19) “Officer” means a juvenile detention officer, as defined under s. 165.85 (2) (bt), Stats.

DOC 346.04(20) (20) “Pat down search” means an inspection by running the hands over the clothed body of a youth by a staff member to determine whether the youth possesses contraband.

DOC 346.04(21) (21) “Privileged mail” means any written communication between a youth and an attorney.

DOC 346.04(22) (22) “Qualified health care professional” means a physician, physician assistant, nurse, nurse practitioner, dentist, mental health professional, or other person who by virtue of their education, credentials, and experience is permitted by law to evaluate and care for patients.

DOC 346.04(23) (23) “Qualified mental health professional” means a psychiatrist, psychologist, psychiatric social worker, psychiatric nurse, or other person who by virtue of their education, credentials, and experience is permitted by law to evaluate and care for the mental health needs of patients.

DOC 346.04(24) (24) “Rated bed capacity” means the design capacity approved by the department under this chapter, based on single occupancy sleeping rooms under s. DOC 346.09 (3) (a), double occupancy sleeping rooms under s. DOC 346.09 (3) (b), and dormitories under s. DOC 346.09 (3) (c).

DOC 346.04(25) (25) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes.

DOC 346.04(26) (26) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.

DOC 346.04(27) (27) “Secure perimeter” means the outer boundary of a youth detention facility or of the youth portion of a county jail or secured residential care center for children and youth.

DOC 346.04(28) (28) “Sleeping room” means a room designed and used for one youth confined in a facility except when the facility meets the conditions for double occupancy under s. DOC 346.09 (3) (b).

DOC 346.04(29) (29) “Social supporter” includes a parent or guardian, foster parent, legal custodian, sibling, other relative, the parent of a youth’s child, the youth’s child, mentor, community-based service provider, educator, clergy member, and other caring and supportive individuals who are a reliable presence for the youth.

DOC 346.04(30) (30) “Strip search” means a search, as defined under s. 968.255 (1) (b), Stats.

DOC 346.04(31) (31) “Superintendent” means either of the following:

DOC 346.04(31)(a) (a) The individual designated to be in charge of a youth detention facility under s. 938.22 (3) (a), Stats., or the director as specified in s. 938.22 (3) (b), Stats.

DOC 346.04(31)(b) (b) In the case of the youth portion of the county jail, the sheriff of a county in which the jail is located pursuant to s. 59.27 (1), Stats.

DOC 346.04(32) (32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.

DOC 346.04(33) (33) “Youth” means any individual placed or transferred to a facility under the provisions of s. 301.08, Stats., or ch. 938, Stats.

DOC 346.04(34) (34) “Youth detention facility” means a juvenile detention facility as defined under s. 938.02 (10r), Stats., and includes a stand-alone facility or a facility located in the same building or on the same grounds as a county jail or secured residential care center for children and youth.

DOC 346.04(35) (35) “Youth detention portion of a secured residential care center for children and youth” means an area that is used for the detention of youth and is collocated with a secured residential care center for children and youth.

DOC 346.04(36) (36) “Youth portion of a county jail” means an area that is used for the detention of youth and that is part of a county jail.

DOC 346.04 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (22), (23), (31) (intro.), (35) made under s. 35.17, Stats. Register July 2025 No. 835.

DOC 346.05 DOC 346.05 Variance.

DOC 346.05(1) (1) The superintendent may submit a written request to the department to be granted a variance from a provision of this chapter if:

DOC 346.05(1)(a) (a) Strict enforcement of the rule would result in unreasonable hardship for administration of the facility; and

DOC 346.05(1)(b) (b) The variance would provide equivalent or better protection for the health, safety, rights, and welfare of youth and the public.

DOC 346.05(2) (2) In all cases, there is a presumption that strict compliance with this chapter shall be required and the responsibility to provide commensurate justification for a variance rests with the requestor.

DOC 346.05(3) (3) At a minimum, any request for a variance must include:

DOC 346.05(3)(a) (a) The applicable provision of this chapter for which a variance is sought.

DOC 346.05(3)(b) (b) A description of the request and commensurate justification.

DOC 346.05(3)(c) (c) Any additional information requested by the department.

DOC 346.05(4) (4) No variance may be granted to minimum space requirements for youth housing areas under s. DOC 346.09 (3) (a), (b), (c), and (d).

DOC 346.05(5) (5) The department shall send a decision letter to the superintendent subsequent to reviewing the request. The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public.

DOC 346.05(6) (6) Violation of any condition of a variance by the facility 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 require strict enforcement of the rule.

DOC 346.05(7) (7) Any granted variance does not establish a precedent.

DOC 346.05 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) made under s. 35.17, Stats., Register July 2025 No. 835.

DOC 346.06 DOC 346.06 Records and reporting.

DOC 346.06(1) (1) Register of youth. Each facility shall keep a register of all youth. The register shall contain identifying information on each youth including name, residence, age, gender, race, court order, time and cause of placement, placing authority, and time of release and releasing authority.

DOC 346.06(2) (2) Storage of records. Records shall be kept in a secure location and in a confidential manner.

DOC 346.06(3) (3) Reporting requirements. The facility shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occurs:

DOC 346.06(3)(a) (a) A youth dies.

DOC 346.06(3)(b) (b) A youth is admitted to a hospital.

DOC 346.06(3)(c) (c) Staff is admitted to a hospital due to injury caused by assault.

DOC 346.06(3)(d) (d) A youth escapes or attempts to escape from secure custody.

DOC 346.06(3)(e) (e) There is significant damage to the facility affecting the safety or security of the facility.

DOC 346.06(3)(f) (f) Any change in the facility housing designation in accordance with s. DOC 346.07 (2).

DOC 346.06(4) (4) Information. The facility shall promptly furnish to the department all requested information.

DOC 346.06 History History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.