Chapter DOC 346

DOC 346.41 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.42 DOC 346.42 Volunteers. If a facility uses volunteers, the operational plan under s. DOC 346.04 shall contain policies and procedures relating to the use of volunteers, including recruitment and selection, training and orientation, supervision and evaluation, duty and responsibility assignments, and termination.

DOC 346.42 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.43 DOC 346.43 Canteen. If a facility provides canteen, vending or other similar services for juveniles, the operational plan under s. DOC 346.04 shall contain policies and procedures for use of the service. If there is a canteen, regular accounting procedures shall be followed.

DOC 346.43 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

subch. VII of ch. DOC 346 Subchapter VII — Security

DOC 346.44 DOC 346.44 Observation of juveniles.

DOC 346.44(1) (1) All areas occupied by juveniles shall be physically observed at irregular intervals to ensure the custody, safety and welfare of the juveniles.

DOC 346.44(2) (2) At a minimum, officers shall physically observe each juvenile at irregular intervals according to the following schedule:

DOC 346.44(2)(a) (a) Juveniles in behavioral segregation, discipline and control, suicide watch or other special needs status at least every fifteen minutes.

DOC 346.44(2)(b) (b) Juveniles in receiving cells or holding rooms at least every fifteen minutes.

DOC 346.44(2)(c) (c) Except as provided in par. (a) or (b), juveniles in general population or administrative segregation at least every thirty minutes.

DOC 346.44(3) (3) Each observation shall be documented.

DOC 346.44(4) (4) Closed circuit television is not a substitution for physical observations by officers.

DOC 346.44 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.45 DOC 346.45 Searches. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to searches to ensure the safety and security of the facility, juveniles, staff, or public, including all of the following components:

DOC 346.45(1) (1) Search of facility premises.

DOC 346.45(2) (2) Search of the living quarters of juveniles, including their personal property.

DOC 346.45(3) (3) Searches of juveniles.

DOC 346.45(4) (4) Searches of visitors.

DOC 346.45(5) (5) Searches of professional staff.

DOC 346.45(6) (6) Searches of volunteers.

DOC 346.45(7) (7) Searches of staff.

DOC 346.45(8) (8) Strip searches may be conducted only in accordance with s. 968.255 (2) and (3), Stats.

DOC 346.45(9) (9) Searches may not be conducted as a disciplinary measure.

DOC 346.45 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.46 DOC 346.46 Security practices.

DOC 346.46(1) (1) There shall be at least 3 complete sets of secure area and fire escape keys, one set in use, one set stored in a safe place which is accessible only to staff workers for use in an emergency and one set stored in a secure place outside the confinement area.

DOC 346.46(2) (2) There shall be an accurate record of the location of all keys.

DOC 346.46(3) (3) All staff workers shall be given instructions concerning the use and storage of the keys and shall be held strictly accountable for keys assigned to them.

DOC 346.46(4) (4) All staff workers shall be familiar with the locking system of the secure area and able to release juveniles promptly in the event of a fire or other emergency.

DOC 346.46(5) (5) The superintendent shall ensure that monthly inspections are made to determine if cell, dormitory and fire escape locks are in good working order. The inspections shall be documented.

DOC 346.46(6) (6) An approved security door with security glass observation openings shall be provided for locked entrances into all confinement rooms and areas.

DOC 346.46(7) (7) Any damage to the facility which compromises safety or security shall be promptly and securely repaired.

DOC 346.46 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

subch. VIII of ch. DOC 346 Subchapter VIII — Discipline

DOC 346.47 DOC 346.47 Discipline. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to discipline of juveniles, including all of the following components:

DOC 346.47(1) (1) At the time of admission, each juvenile shall be notified verbally and provided with a copy of the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Copies of the rules shall be posted in conspicuous places.

DOC 346.47(2) (2) Documentation of a rule infraction and any disciplinary action shall be made part of the juvenile’s record as required under s. DOC 346.06.

DOC 346.47(3) (3) Disciplinary action shall be determined on an individual basis. Group discipline for the misbehavior of one juvenile is prohibited.

DOC 346.47(4) (4) No juvenile may be given authority over another juvenile or be involved in taking disciplinary action against another juvenile.

DOC 346.47(5) (5) The following sanctions shall be allowed as disciplinary actions:

DOC 346.47(5)(a) (a) Cell confinement, except that cell confinement for 6 hours or more shall not occur unless the juvenile is first given a disciplinary hearing in accordance with s. DOC 346.48. Supervisory personnel shall review cell confinement of less than 6 hours.

DOC 346.47(5)(b) (b) Restriction of privileges, including use of radio, television, leisure time materials or canteen, provided that procedures under sub. (6) are followed. Restriction on opportunities for religious worship, food or special dietary requirements, sleep, access to attorneys, courts, legislators, mental health personnel or social workers, and basic health and sanitation requirements is prohibited.

DOC 346.47(5)(c) (c) Restriction of family visits, telephone, education, non-privileged mail and exercise when the restriction is directly related to a violation of rules concerning these activities, provided that the procedures under sub. (6) are followed.

DOC 346.47(6) (6) A juvenile’s privileges may be restricted for a rule violation after the juvenile is given an opportunity to explain the circumstances of the alleged violation. A supervisor shall review the rule violation and restriction within 24 hours. The supervisor’s review shall include an opportunity for the juvenile to explain the circumstances of the alleged violation.

DOC 346.47(7) (7) A juvenile may not be disciplined by corporal or unusual punishment, intentional humiliation, mental abuse, interference with the daily functions of living, the use of chemical agents, the use of restraints such as handcuffs or shackles, or by placement in a cell designed for the administrative or disciplinary segregation of adults.

DOC 346.47 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.48 DOC 346.48 Disciplinary hearings. The operational plan under s. DOC 346.04 shall contain policies and procedures relating to disciplinary hearings, including all of the following components:

DOC 346.48(1) (1) Whenever cell confinement of 6 hours or more is proposed as a disciplinary measure, the juvenile shall be given a disciplinary hearing. Notice of the hearing and specific charges shall be given at least 12 hours prior to the hearing unless the notice is waived by the juvenile. The juvenile shall be advised of the following rights:

DOC 346.48(1)(a) (a) The right to request the presence of available material witnesses.

DOC 346.48(1)(b) (b) The right to have the facility provide a staff advocate or adequate substitute to assist the juvenile in responding to the charges.

DOC 346.48(2) (2) The disciplinary hearing shall be held before an impartial hearing officer or committee within 24 hours of receipt of the written notice by the juvenile.

DOC 346.48(3) (3) At the hearing, the juvenile or the juvenile’s representative shall be entitled to call witnesses and present documentary evidence which are material to the determination of the facts of the alleged violation.

DOC 346.48(4) (4) No later than 24 hours after the hearing, the hearing officer shall issue a written decision and instructions for possible appeal to the superintendent.

DOC 346.48(5) (5) A juvenile may waive the right to a disciplinary hearing in writing at any time. A waiver does not constitute an admission of the alleged violation.

DOC 346.48(6) (6) A juvenile may appeal the decision of the hearing officer to the superintendent within 24 hours of receipt of the decision.

DOC 346.48(7) (7) The superintendent shall issue a written decision no later than 24 hours after receipt of an appeal under sub. (6).

DOC 346.48 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.49 DOC 346.49 Control. The operational plan under s. DOC 346.04 shall contain policies and procedures for the control of juveniles, including all of the following components:

DOC 346.49(1) (1) Cell confinement.

DOC 346.49(1)(a) (a) If a juvenile’s behavior presents a serious risk of harm to self or others or if a juvenile presents a serious risk to security, the juvenile may be confined to his or her own cell for purposes of control and shall be referred to health care professionals as soon as possible if appropriate. The juvenile shall be released as soon as the danger has ended. Cell confinement for control for more than one hour shall require the approval of the superintendent or designee. If the juvenile is held in cell confinement for more than one hour, the superintendent or designee shall personally visit the confined juvenile before the juvenile has been confined for 6 hours, excluding hours between 8:00 p.m. to 7:00 a.m., and at least once every 6 hours thereafter until the juvenile is released from cell confinement. Documentation of cell confinement and required approvals shall be made a part of the juvenile’s record.

DOC 346.49(1)(b) (b) A juvenile may be confined to his or her own cell for discipline or control only as follows:

DOC 346.49(1)(b)1. 1. There may be no additional loss of privileges, and reading, recreational and educational materials shall be provided unless there is reason to believe that these materials will be damaged or their presence presents a danger to the juvenile.

DOC 346.49(1)(b)2. 2. No juvenile may be placed in cell confinement for more than 24 consecutive hours without medical authorization based on a finding that further confinement will not harm the juvenile.

DOC 346.49(1)(b)3. 3. A written or electronic log of cell confinements shall be recorded and maintained.

DOC 346.49(1)(b)4. 4. A juvenile may not be placed in confinement in a cell designed for the administrative or disciplinary segregation of adults.

DOC 346.49(2) (2) Use of restraints and control devices.

DOC 346.49(2)(a) (a) Instruments of restraint, such as handcuffs, leg irons, restraint chairs, and straight jackets may not be applied as treatment or punishment. Restraints and control devices may only be used with the approval of the superintendent for prevention of escape during transfer, for medical reasons by direction of a health care professional, or to prevent juvenile self-injury, injury to others, or property damage.

DOC 346.49(2)(b) (b) Instruments of restraint may not be applied for more time than is necessary to achieve the purposes under par. (a).

DOC 346.49(2)(c) (c) Staff shall examine restraints and other control devices to assure proper use and operation. Staff shall not use restraints or other control devices which are defective or excessively worn.

DOC 346.49(2)(d) (d) Documentation of use of restraints and control devices shall include the reason for and duration of use.

DOC 346.49(2)(e) (e) Officer and other staff shall receive training on the use of restraints and control devices under s. DOC 346.21 (2).

DOC 346.49 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

subch. IX of ch. DOC 346 Subchapter IX — Juvenile Portion of a County Jail

DOC 346.50 DOC 346.50 Admission criteria for juvenile portions of county jails. Juveniles may be admitted to a juvenile portion of a county jail under s. 48.209 or 938.209, Stats., only subject to the following:

DOC 346.50(1) (1) Juveniles may be held in a juvenile portion of a county jail for a maximum of 24 hours, not including weekends or holidays, except juveniles may be held for a maximum of 6 hours, excluding weekends or holidays in counties that are within a metropolitan statistical area under the current designation of the federal Bureau of Census.

DOC 346.50(2) (2) Juveniles may be held only for the purposes of identification, processing, and to arrange for release to parents or transfer to juvenile court officials or juvenile shelter or detention facilities. Any holding of juveniles shall be limited to the absolute minimum time necessary to complete these purposes, not to exceed the time limits under sub. (1). An alleged or adjudicated delinquent may be detained before a court appearance for a period of time not to exceed the limits under sub. (1). An alleged or adjudicated delinquent may be detained after a court appearance for a time period not to exceed an additional 6 hours. Any hold of an adjudicated delinquent that is not related to a court appearance is prohibited.

DOC 346.50(3) (3) Persons who are 18 years of age or older may not be admitted or held in a juvenile portion of a county jail, unless they are currently only under juvenile court jurisdiction under ch. 938 or 48, Stats.

DOC 346.50 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.51 DOC 346.51 Juvenile justice and delinquency prevention act. A juvenile portion of a county jail may be used to hold juveniles only as permitted by 42 USC 5601 to 5761 and 28 CFR Part 31.

DOC 346.51 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.52 DOC 346.52 Contact.

DOC 346.52(1) (1) There may be no physical or visual contact between juveniles and adult inmates in the juvenile portion of a county jail.

DOC 346.52(2) (2) There may be no sustained sound contact between juveniles and adult inmates in the juvenile portion of a county jail.

DOC 346.52 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

DOC 346.53 DOC 346.53 Existing facilities. Existing juvenile portions of a county jail shall continue to meet the physical requirements for adult jails established in ch. DOC 350.

DOC 346.53 History History: CR 09-039: cr. Register October 2010 No. 658, eff. 11-1-10.

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