Wisconsin Legislature: DOC 346.03(14)

Subchapter IX — Juvenile Portion of a County Jail

DOC 346.50 Admission criteria for juvenile portions of county jails.

DOC 346.51 Juvenile justice and delinquency prevention act.

DOC 346.53 Existing facilities.

DOC 346.54 Staffing plan in a juvenile portion of a county jail.

Ch. DOC 346 NoteNote: 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 Chapter DOC 346, as it existed on October 31, 2010 was repealed and a new chapter DOC 346 was created effective November 1, 2010.

Ch. DOC 346 NoteNote: 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 346Subchapter I — General Provisions

DOC 346.01DOC 346.01 Purpose and authority. The purpose of this chapter is to protect the health, safety and welfare of all juveniles held in juvenile detention facilities and the juvenile portion of county jails, by establishing minimum standards for these facilities, and ensuring compliance with 42 USC 5601 to 5761 and 28 CFR Part 31. This chapter is promulgated under the authority of s. 938.22 (2) (a), Stats., and implements s. 301.36, 301.37 and 938.209, Stats.

DOC 346.01 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.01 NoteNote: This chapter applies to the Department of Corrections in carrying out its statutory responsibilities to regulate juvenile detention facilities, and to the Department of Children and Families to the extent DCF has authority pursuant to s. 938.485, Stats., or any other provision of ch. 938, Stats., to establish and enforce standards for services to juveniles

DOC 346.02DOC 346.02 Applicability. The provisions of this chapter apply to juvenile detention facilities and juvenile portions of a county jail. Unless otherwise specified, s. DOC 346.14 applies only to facilities that were constructed or substantially remodeled after October 1, 1994.

DOC 346.02 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.03DOC 346.03 Definitions. In this chapter:

DOC 346.03(1)(1) “Cell” means a secure room designed and used as a sleeping room for one or 2 juveniles.

DOC 346.03(2)(2) “Construction plans” mean the site plans, drawings, and specifications for construction or remodeling of a facility.

DOC 346.03(3)(3) “Contraband” means any item not allowed in a facility by the superintendent.

DOC 346.03(4)(4) “Day room” means an area usable and accessible by juveniles, contiguous to each group of cells, and designed and used for leisure activities.

DOC 346.03(5)(5) “Department” means the department of corrections.

DOC 346.03(6)(6) “Dormitory” means a secure area designed for three or more juveniles and used for sleeping and day room activities.

DOC 346.03(7)(7) “Facility” means either a juvenile detention facility or the juvenile portion of a county jail.

DOC 346.03(8)(8) “Facility program” means a written narrative that describes basic operational functions and spaces needed to meet those functions.

DOC 346.03(9)(9) “Family” means parents, grandparents, guardians, foster parents, and legal custodians.

DOC 346.03(10)(10) “Holding room” means a secure room designed for holding one or more juveniles of the same gender for the purpose of processing admissions, releases, investigations or court appearances.

DOC 346.03(11)(11) “Juvenile” has the meaning given in s. 938.02 (10m), Stats.

DOC 346.03(12)(12) “Juvenile detention facility” has the meaning given in ch. 938, Stats., and includes a stand alone facility or a facility located in the same building or on the same grounds as a county jail.

DOC 346.03(13)(13) “Juvenile portion of a county jail” means an area which is used for the detention of juveniles and which is part of a county jail.

DOC 346.03(14)(14) “Living area” means the part of a juvenile detention facility normally occupied by juveniles, including day rooms, multi-purpose space, and adjacent control centers.

DOC 346.03(15)(15) “Multi–purpose space” means activity areas designed and used for education, recreation, library services, and other juvenile program activities. Multi-purpose space does not include cells, day rooms or dormitories.

DOC 346.03(16)(16) “Officer” or “juvenile detention officer” has the meaning given in s. 165.85 (2) (bt), Stats.

DOC 346.03(17)(17) “Privileged mail” means any written communication between a juvenile and an attorney, court, government or facility official.

DOC 346.03(18)(18) “Rated bed capacity” means the design capacity approved by the department under this chapter, based on single occupancy cells under s. DOC 346.14 (2), double occupancy cells under s. DOC 346.15, and dormitories under s. DOC 346.14 (3).

DOC 346.03(19)(19) “Receiving cell” means a cell used to segregate a juvenile for purposes of admission, release, discipline, investigation or court appearances.

DOC 346.03(20)(20) “Superintendent” means:

DOC 346.03(20)(a)(a) The individual designated to be in charge of a juvenile detention facility under s. 938.22 (3) (a), Stats., or the director as specified in s. 938.22 (3) (b), Stats.; or

DOC 346.03(20)(b)(b) In the case of the juvenile portion of the county jail, the sheriff of a county in which the jail is located pursuant to s. 59.27 (1), Stats.

DOC 346.03(21)(21) “Undergarments” means underwear and socks and includes bras for females.

DOC 346.03(22)(22) “Unencumbered space” means usable space that is not encumbered by furnishings or fixtures.

DOC 346.03 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.04DOC 346.04 Operational plan.

DOC 346.04(1)(1) Before a facility may hold juveniles in secure custody, it shall have a mission statement and a written operational plan which has been approved by the department under s. 938.22 (2) (a), Stats., and which meets the requirements of 42 USC 5601 to 5761 and 28 CFR Part 31 and the standards specified in this chapter. No plan may be implemented until the department has approved the plan, under s. 938.22 (2) (a), Stats.

DOC 346.04(2)(2) The operational plan shall contain all of the following components:

DOC 346.04(2)(a)(a) A statement setting forth the mission of the facility.

DOC 346.04(2)(b)(b) Designation of whether the facility will operate as a juvenile portion of the county jail or as a juvenile detention facility.

DOC 346.04(2)(c)(c) Policies and procedures to ensure against any contact between juveniles and adult inmates in all areas of the facility, including sallyports, entrances, booking, intake, living areas, elevators, visiting areas, staircases, medical areas, recreational areas, and fingerprinting areas.

DOC 346.04(2)(d)(d) Policies and procedures to ensure immediate security backup in emergency situations.

DOC 346.04(2)(e)(e) Policies and procedures for bedding and linens, canteen, classification, clothing, communicable disease control, crisis intervention, disciplinary hearings, discipline, educational programming, fire protection, frequency of cell checks, health screening and care, juvenile work assignments, mail, medical records, medications, nutrition, out-of-cell time, personal hygiene, personal property, programming, reading materials, recreation, release, religious programming, sanitation, searches, staffing, suicide prevention, telephone, use of restraints, use of volunteers, and visitation.

DOC 346.04(2)(f)(f) Policies and procedures to ensure compliance with the standards specified in this chapter.

DOC 346.04(3)(3) Prior to submitting the operational plan to the department for approval under s. 938.22 (2) (a), Stats., the superintendent shall distribute the plan for review and comment to the sheriff, juvenile court judge, chief intake worker, social or human services director, and the director of the county department of community programs appointed under s. 51.42 (4), Stats.

DOC 346.04 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.05DOC 346.05 Annual meeting.

DOC 346.05(1)(1) The superintendent shall conduct a meeting at least annually to discuss and review the operation of the facility and other juvenile justice issues. The superintendent shall invite the sheriff, juvenile court judge, chief intake worker, social or human services director, and the director of the county department of community programs appointed under s. 51.42 (4), Stats., and any other appropriate persons.

DOC 346.05(2)(2) The superintendent shall maintain a record of the proceedings of the meeting under sub. (1) for review by the department.

DOC 346.05 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.06DOC 346.06 Records and reporting.

DOC 346.06(1)(1) The superintendent shall maintain a facility register which shall include identifying information for all juveniles, including name, age, gender, race, name of parents or guardian, alleged offense, detaining authority, time and date of admission, authority for admission, date and time of release, and destination of the juvenile after release.

DOC 346.06(2)(2) The facility shall maintain records of the date, time and circumstances of all of the following events involving juveniles:

DOC 346.06(2)(a)(a) Death, attempted suicide which requires emergency medical care or hospitalization, or physical injury.

DOC 346.06(2)(b)(b) Escape or attempted escape.

DOC 346.06(2)(c)(c) Significant damage to the facility.

DOC 346.06(2)(d)(d) A daily record of each juvenile’s behavior, medical history, disciplinary actions, visitations, room assignment, care requirements and other special conditions.

DOC 346.06(3)(3) Records shall be maintained in a confidential manner as follows:

DOC 346.06(3)(a)(a) Records shall be secured in locked desks or filing or storage cabinets.

DOC 346.06(3)(b)(b) Records shall be maintained and stored separately from records of persons 18 or older.

DOC 346.06(3)(c)(c) No person except those authorized through a court order or authorized facility or department personnel may have access to information in the records or be permitted to inspect the records.

DOC 346.06(3)(d)(d) Whenever a person is allowed access to a juvenile’s file, a notation which includes the person’s name, date of access and authorization for access shall be made in the file.

DOC 346.06(4)(4) The superintendent shall notify the department’s regional detention facilities specialist within 24 hours excluding weekends and holidays, after any of the following occurs:

DOC 346.06(4)(a)(a) The death of a juvenile.

DOC 346.06(4)(b)(b) The provision of medical treatment to a juvenile for a life-threatening injury or the admission of a juvenile to a hospital, not including an emergency room admission or admission for detention and evaluation under ch. 51, Stats.

DOC 346.06(4)(c)(c) The escape of a juvenile.

DOC 346.06(4)(d)(d) Any significant damage to the facility.

DOC 346.06(4)(e)(e) Any change in the superintendence of the facility.

DOC 346.06(5)(5) The superintendent shall give the department at least 30 days notice of any intention to terminate the operation of the facility.

DOC 346.06(6)(6) The superintendent shall promptly furnish to the department all requested information.

DOC 346.06 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.07DOC 346.07 Variances.

DOC 346.07(1)(1) The department may grant a variance to a provision of this chapter, except that no variance may be granted to the provisions of ss. DOC 346.14 (1) and (3) and 346.15 (3) (a) and (d).

DOC 346.07(2)(2) In order to obtain a variance, the superintendent shall demonstrate in writing that strict enforcement of the rule would result in unreasonable hardship for administration of the facility and that the variance would provide equivalent or better protection for the health, safety, welfare and rights of juveniles and the public.

DOC 346.07(3)(3) The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights or welfare of juveniles or the public.

DOC 346.07(4)(4) Violation of any condition under which a variance is granted constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of the variance, the department may revoke the variance and require strict enforcement of the rule.

DOC 346.07 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

subch. II of ch. DOC 346Subchapter II — Admission and Release

DOC 346.08DOC 346.08 Admission criteria for juvenile detention facilities.

DOC 346.08(1)(1) Juveniles may be admitted to a juvenile detention facility under the provisions of applicable Wisconsin Statutes, including chs. 938 and 48, Stats., or other court order.

DOC 346.08(2)(2) Persons who are 18 years of age or older may not be admitted or held in a juvenile detention facility, unless they are currently only under juvenile court jurisdiction under ch. 938 or 48, Stats.

DOC 346.08 HistoryHistory: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.09DOC 346.09 Admission.