Chapter DOC 346

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.

DOC 346.14(2) (2) Cells.

DOC 346.14(2)(a) (a) Except if s. DOC 346.15 applies, all cells for juveniles in a facility shall be designated and used for single occupancy only.

DOC 346.14(2)(b) (b) Unless s. DOC 346.15 applies, cells shall have minimum floor area of 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

DOC 346.14(2)(c) (c) Unless s. DOC 346.15 applies, each cell shall have all of the following:

DOC 346.14(2)(c)1. 1. A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength.

DOC 346.14(2)(c)2. 2. An unbreakable, institution-type mirror.

DOC 346.14(2)(c)3. 3. A detention strength, metal, institution-type wash basin and toilet. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water.

DOC 346.14(2)(c)4. 4. A rigidly constructed shelf-type table and seat which are bracketed to the wall or bolted to the floor.

DOC 346.14(2)(c)5. 5. Unless s. DOC 346.15 applies, 2 or more nonremovable, collapsible, detention strength clothing and towel hooks.

DOC 346.14(2)(c)6. 6. Light fixtures of detention strength and providing at least 30 foot candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

DOC 346.14(2)(d) (d) There shall be no exposed heating pipes, radiators or controls in cells.

DOC 346.14(2)(e) (e) There shall be a release system designed to unlock cell doors individually and as a group from a single point outside the confinement area.

DOC 346.14(3) (3) Dormitories.

DOC 346.14(3)(a) (a) A juvenile detention facility may use dormitories in addition to cells for the secure detention of juveniles.

DOC 346.14(3)(b) (b) Each dormitory shall be designed for a minimum of 3 and a maximum of 8 juveniles.

DOC 346.14(3)(c) (c) If a juvenile detention facility contains one dormitory, it shall have a minimum of 2 cells designed and used for single occupancy.

DOC 346.14(3)(d) (d) If more than one dormitory is built, the number of dormitory beds may not exceed 50% of the rated bed capacity of the juvenile detention facility.

DOC 346.14(3)(e) (e) If, based on all the criteria under s. DOC 346.10, a juvenile detention facility determines that placement of a juvenile in a dormitory may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff or the community, the juvenile may not be placed in a dormitory.

DOC 346.14(3)(f) (f) Each dormitory shall have all of the following:

DOC 346.14(3)(f)1. 1. A minimum combined sleeping area and adjacent day room space of 70 square feet per juvenile based on rated bed capacity of the dormitory, excluding toilets, showers and lavatories.

DOC 346.14(3)(f)2. 2. A minimum floor to ceiling height of 8 feet.

DOC 346.14(3)(f)3. 3. Non-locking doors on sleeping rooms, if separate sleeping rooms are provided.

DOC 346.14(3)(f)4. 4. Unrestricted physical access to the day room, lavatories and toilets.

DOC 346.14(3)(f)5. 5. A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor for each juvenile based on the rated bed capacity of the dormitory.

DOC 346.14(3)(f)6. 6. For facilities constructed or substantially remodeled after November 1, 2010, all upper bunks equipped with an anti-rollout plate.

DOC 346.14(3)(f)7. 7. Detention strength washbasins and toilets.

DOC 346.14(3)(f)8. 8. Unbreakable, detention strength mirrors sufficient for the number of juveniles confined.

DOC 346.14(3)(f)9. 9. Detention strength tables and seating in the day room based on the rated bed capacity of the dormitory.

DOC 346.14(3)(f)10. 10. Two nonremovable, collapsible, detention strength clothing and towel hooks for each juvenile confined based on the rated bed capacity of the dormitory.

DOC 346.14(3)(f)11. 11. Detention strength light fixtures that provide at least 30 foot candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

DOC 346.14(4) (4) Day room.

DOC 346.14(4)(a) (a) Each day room shall have all of the following:

DOC 346.14(4)(a)1. 1. A minimum floor area of 35 square feet for each juvenile based on the rated bed capacity of the adjacent group of cells. In addition, each day room shall have a minimum of 70 square feet of unencumbered space.

DOC 346.14(4)(a)2. 2. Detention strength light fixtures that provide at least 30 foot candles at 30 inches above the floor.

DOC 346.14(4)(a)3. 3. Adequate furnishings and equipment for leisure time activities as required under this chapter.

DOC 346.14(4)(a)4. 4. Detention strength tables and seating based on the rated bed capacity of the adjacent cells.

DOC 346.14(4)(b) (b) There shall be in the day room no exposed heating pipes, radiators or controls which are accessible to juveniles.

DOC 346.14(5) (5) Holding rooms.

DOC 346.14(5)(a) (a) Holding rooms shall be located in an area that allows continuous staff observation or electronic video surveillance of juveniles.

DOC 346.14(5)(b) (b) Each holding room shall have all of the following:

DOC 346.14(5)(b)1. 1. Detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of similar strength.

DOC 346.14(5)(b)2. 2. A detention strength, metal, institution-type wash basin and toilet.