Chapter DOC 346

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

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

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

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

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

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

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

DOC 346.09 DOC 346.09 Admission.

DOC 346.09(1) (1) No juvenile may be placed in a juvenile detention facility unless the facility meets the requirements of this chapter and is approved by the department.

DOC 346.09(2) (2) An approved facility shall receive juveniles into secure detention 24 hours a day, 7 days a week.

DOC 346.09(3) (3) As soon as practicable following admission, each juvenile shall be required to take a bath or shower.

DOC 346.09(4) (4) A juvenile who appears to be seriously ill or injured, who exhibits significant mental or emotional distress, or who appears too intoxicated or incapacitated due to controlled substance or alcohol abuse may not be confined in the facility unless a health care professional has treated and approved the juvenile for confinement.

DOC 346.09(5) (5) The superintendent shall provide to juveniles upon admission a copy of the rules of the facility and a description of the services and programs of the facility. The superintendent shall assure that all juveniles have effective access to the information.

DOC 346.09 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.10 DOC 346.10 Classification. The operational plan under s. DOC 346.04 shall contain policies and procedures creating a classification system based on legal status, gender, age, behavior, information concerning present offense, current and prior detention history, medical condition, mental health, and other criteria designed to provide for the protection and safety of juveniles, staff and the community. In addition, the classification system shall identify specific criteria for the exclusion of juveniles from being housed in dormitories under s. DOC 346.14 (3) or double cells under s. DOC 346.15.

DOC 346.10 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.11 DOC 346.11 Contact.

DOC 346.11(1) (1) There may be no physical or visual contact between juveniles and adult inmates in a juvenile detention facility.

DOC 346.11(2) (2) There may be no sustained sound contact between juveniles and adult inmates in a juvenile detention facility.

DOC 346.11 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.12 DOC 346.12 Release. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to the release of juveniles from custody, including all of the following components:

DOC 346.12(1) (1) Verification of identity of juvenile.

DOC 346.12(2) (2) Verification of authority to release.

DOC 346.12 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

subch. III of ch. DOC 346 Subchapter III — Physical Plant

DOC 346.13 DOC 346.13 Construction plans.

DOC 346.13(1) (1) A county which intends to build or remodel a facility shall do all of the following:

DOC 346.13(1)(a) (a) Submit a letter of intent to the department before design development begins.

DOC 346.13(1)(b) (b) Submit the facility program to the department for review and comment. The facility program shall include the following:

DOC 346.13(1)(b)1. 1. A statement of the facility mission and goals.

DOC 346.13(1)(b)2. 2. A description of needed spaces in terms of size, features and their relationship to one another.

DOC 346.13(1)(b)3. 3. Staff estimates.

DOC 346.13(1)(b)4. 4. Construction cost estimates.

DOC 346.13(1)(c) (c) Submit the design development documents to the department for review and comment.

DOC 346.13(1)(d) (d) Submit to the department for review and approval, two complete sets of construction plans of the facility.

DOC 346.13(1)(e) (e) Ensure that the construction plans are approved by the department of safety and professional services for compliance with state building code.

DOC 346.13(2) (2) The county may publish the bid documents only after receiving the department’s approval of the construction plans.

DOC 346.13(3) (3) Upon review and approval the department shall return to the county one set of construction plans and retain the second set for department records. The department shall return unapproved construction plans.

DOC 346.13 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10; correction in (1) (e) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.

DOC 346.14 DOC 346.14 Physical environment.

DOC 346.14(1) (1) Juvenile housing.

DOC 346.14(1)(a) (a) Each juvenile shall have a separate bunk or bed in a cell which meets the requirements of sub. (2) or s. DOC 346.15, or in a dormitory which meets the requirements of sub. (3). A facility may not exceed its rated bed capacity.

DOC 346.14(1)(b) (b) The total number of juveniles housed in double cells under s. DOC 346.15 and in dormitories under sub. (3) may not exceed 75% of the rated bed capacity of the facility.