Chapter DOC 347

DOC 347.05(1) (1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for any requirement to the provisions of s. DOC 347.10 (3) (b), or requirements specifically imposed by Wisconsin Statutes or federal law or regulation.

DOC 347.05(2) (2) In order to obtain a variance, a county, tribe, or child welfare agency that operates or intends to operate a facility shall demonstrate in writing that the variance provides equivalent or better protection for the health, safety, rights, and welfare of youth or the public.

DOC 347.05(3) (3) 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 347.05(4) (4) 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 347.05(5) (5) Any variance granted does not set a precedent.

DOC 347.05 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.06 DOC 347.06 Records and reporting.

DOC 347.06(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, sex, race, court order, time and cause of placement, placing authority, and time of release and releasing authority.

DOC 347.06(2) (2) Storage of records. Records shall be kept in a secure location and maintained in a confidential manner in accordance with s. 938.396, Stats., and any other applicable federal or state law.

DOC 347.06(3) (3) Reporting requirements. The facility shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occur:

DOC 347.06(3)(a) (a) A youth dies.

DOC 347.06(3)(b) (b) A youth is admitted to a hospital.

DOC 347.06(3)(c) (c) A youth receives off-site medical attention due to an assault or use of force.

DOC 347.06(3)(d) (d) A staff member is admitted to the hospital due to an injury caused by youth assault or use of force.

DOC 347.06(3)(e) (e) A youth escapes or attempts to escape from secure custody.

DOC 347.06(3)(f) (f) There is significant damage to the facility affecting the safety or security of the facility.

DOC 347.06(4) (4) Department requests. The facility shall promptly furnish to the department all requested information.

DOC 347.06 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.07 DOC 347.07 Data reporting. The facility shall enter data into a uniform data collection system, as determined by the department, that can be accessed by authorized juvenile justice officials in order to monitor facility compliance with all applicable regulations and assess facility performance in successfully rehabilitating youth.

DOC 347.07 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.08 DOC 347.08 Operational plan.

DOC 347.08(1) (1) Before a facility may accept youth, the facility shall develop a written operational plan that has been approved by the department under s. 938.22 (2) (a), Stats. The facility may not implement any plan until the department has approved the plan.

DOC 347.08(2) (2) The operational plan shall contain policies and procedures for the operation of the facility. The policies and procedures shall include the standards set forth in ss. DOC 347.06, 347.13, 347.16, 347.19, 347.20, 347.21, 347.22, 347.23, 347.25, 347.26, 347.27, 347.28, 347.29, 347.30, 347.32, 347.33, 347.34, 347.35, 347.36, 347.38, 347.39, 347.41, 347.44, 347.45, 347.47, 347.48, 347.49, 347.50, 347.51, 347.52, 347.53, 347.54, 347.55, 347.57, and 347.58.

DOC 347.08(3) (3) The operational plan shall comply with the standards specified in this chapter.

DOC 347.08(4) (4) The facility shall implement the operational plan consistent with the requirements of this chapter.

DOC 347.08 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

subch. II of ch. DOC 347 Subchapter II — Facility and Physical Environment

DOC 347.09 DOC 347.09 Construction plans.

DOC 347.09(1) (1) An entity that intends to build or remodel a facility shall file a letter of intent with the department before design development begins.

DOC 347.09(2) (2) An entity shall provide copies of original and updated drawings of the area within the secure perimeter of the facility to the department.

DOC 347.09(3) (3) All sites, plans, and specifications for construction or remodeling of a facility shall comply with the Wisconsin Commercial Building Code under chs. SPS 361 to 366.

DOC 347.09(4) (4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.

DOC 347.09(5) (5) Any proposed changes to the approved plans must be submitted to the department for review and approval.

DOC 347.09 History History: CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

DOC 347.10 DOC 347.10 Physical environment.

DOC 347.10(1) (1) Trauma-informed. Trauma-informed principles shall be considered in the physical environment of the facility.

DOC 347.10(2) (2) Furniture and fixtures. Furniture and fixtures used in a facility shall be of detention strength materials or be of secure type to ensure safety for staff and youth.

DOC 347.10(3) (3) Youth housing.

DOC 347.10(3)(a) (a) Sleeping rooms.

DOC 347.10(3)(a)1. 1. Except if par. (b) applies, each room shall be designed and used only for single occupancy.

DOC 347.10(3)(a)2. 2. Except if par. (b) applies, each room shall have a floor area of at least 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 347.10(3)(a)3. 3. Each room shall have a bed.

DOC 347.10(3)(b) (b) Double sleeping rooms.

DOC 347.10(3)(b)1. 1. A facility may use rooms for double occupancy.

DOC 347.10(3)(b)2. 2. Youth assigned to a double room shall meet the criteria under s. DOC 347.13 (1) (b).

DOC 347.10(3)(b)3. 3. Each double occupancy room shall have all of the following:

DOC 347.10(3)(b)3.a. a. Floor area of at least 50 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 347.10(3)(b)3.b. b. A bed for each youth.

DOC 347.10(3)(c) (c) Dayrooms.

DOC 347.10(3)(c)1. 1. All sleeping rooms and dormitories shall be provided with one or more dayrooms in their immediate vicinity that are accessible to youth.

DOC 347.10(3)(c)2. 2. Dayrooms shall provide a minimum of 35 square feet per youth.

DOC 347.10(3)(c)3. 3. Each dayroom shall have tables and seating for the number of youth that have access to the dayroom.

DOC 347.10(3)(d) (d) Dormitories.

DOC 347.10(3)(d)1. 1. Youth assigned to a dormitory shall meet the criteria under s. DOC 347.13 (1) (b).

DOC 347.10(3)(d)2. 2. Each dormitory shall have a minimum floor area of 35 square feet of unencumbered space per youth for sleeping purposes.

DOC 347.10(3)(d)3. 3. In addition, each dormitory shall have a minimum floor area of 35 square feet per youth for the purpose of a dayroom.

DOC 347.10(3)(d)4. 4. Each dormitory shall have a floor to ceiling height of not less than 12 feet.

DOC 347.10(3)(d)5. 5. Each dayroom shall have tables and seating for the number of youth.

DOC 347.10(3)(d)6. 6. A bed shall be provided for each youth.

DOC 347.10(3)(d)7. 7. An area for personal property shall be provided for each youth.

DOC 347.10(3)(d)8. 8. Each dormitory shall provide showers, toilets, and washbasins for youth. Each dormitory shall have hot and cold running water.

DOC 347.10(3)(e) (e) Toilets, washbasins, and showers.

DOC 347.10(3)(e)1. 1. The facility shall provide toilets, washbasins, and showers accessible for youth that meet all of the following conditions:

DOC 347.10(3)(e)1.a. a. The washbasin and toilet may be combined in one unit.

DOC 347.10(3)(e)1.b. b. The washbasin and shower shall have hot and cold running water.

DOC 347.10(3)(e)1.c. c. The washbasin area shall include a mirror that is not removable.

DOC 347.10(3)(e)2. 2. The number of showers and toilets provided shall be in compliance with the Wisconsin Commercial Building Code under chs. SPS 361 to 366.

DOC 347.10(3)(e)3. 3. Toilets and showers shall provide for individual privacy.

DOC 347.10(3)(f) (f) Lighting. Light fixtures shall provide at least 10 foot-candles of illumination, 30 inches above the floor. The facility shall have the ability to reduce lighting to allow for comfortable sleeping while remaining adequate for wellness checks.

DOC 347.10(4) (4) Receiving rooms.

DOC 347.10(4)(a) (a) All receiving rooms shall be designed and used for single occupancy.

DOC 347.10(4)(b) (b) Each receiving room shall have a floor area of at least 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 347.10(4)(c) (c) Each receiving room shall have all of the following:

DOC 347.10(4)(c)1. 1. A bed.

DOC 347.10(4)(c)2. 2. A toilet and washbasin with hot and cold running water.

DOC 347.10(4)(c)3. 3. Light fixtures that provide at least 10 foot-candles of illumination, 30 inches above the floor. The facility shall have the ability to reduce lighting to allow for comfortable sleeping while remaining adequate for wellness checks.

DOC 347.10(5) (5) Holding rooms.

DOC 347.10(5)(a) (a) A holding room shall have a minimum floor area of at least 50 square feet with an additional 10 square feet for each occupant above 5.

DOC 347.10(5)(b) (b) Each holding room shall have all of the following:

DOC 347.10(5)(b)1. 1. Seats or benches.

DOC 347.10(5)(b)2. 2. A toilet and washbasin with hot and cold running water.

DOC 347.10(5)(b)3. 3. Light fixtures that provide at least 10 foot-candles of illumination, 30 inches above the floor.

DOC 347.10(6) (6) Multipurpose rooms.

DOC 347.10(6)(a) (a) Each facility shall provide dedicated space for programming and services.

DOC 347.10(6)(b) (b) Multipurpose rooms shall be of sufficient size to accommodate a variety of programming and services and shall have a minimum combined floor area of 300 square feet.

DOC 347.10(7) (7) Classroom space.

DOC 347.10(7)(a) (a) Each facility shall provide dedicated classroom space to meet the educational needs of the youth population.

DOC 347.10(7)(b) (b) Classroom space shall be designed in conformity with any state and local educational requirements.

DOC 347.10(8) (8) Quiet space.