Chapter DOC 349

DOC 349.01 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, December, 1992, No. 444, eff. 1-1-93; emerg. renum. (intro.) to be (1), cr., (2) and (3), eff. 12-10-98; renum. intro. to be (1), cr. (2) and (3), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.02 DOC 349.02 Applicability. This chapter applies to all lockup facilities operated by municipalities under ss. 302.30, 61.24, and 62.09 (13), Stats.

DOC 349.02 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90.

DOC 349.03 DOC 349.03 Definitions. In this chapter:

DOC 349.03(1) (1) “Administer” has the meaning given in s. 450.01 (1), Stats.

DOC 349.03(1m) (1m) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

DOC 349.03(2) (2) “Cell” means a secure room designed and used as a sleeping room for one person confined in a lockup facility.

DOC 349.03(3) (3) “Confinement” means placement in a cell or holding room of a person who has been arrested and is awaiting an initial appearance in court or to post bond.

DOC 349.03(4) (4) “Contraband” means any item not allowed in a lockup by the lockup administrator.

DOC 349.03(4m) (4m) “Delinquent act” means an act which is committed by a juvenile who is 10 years of age or older and which is a violation of any state or federal criminal law, except as provided in ss. 938.17, 938.18, and 938.183, Stats., or which constitutes a contempt of court, as defined in s. 785.01 (1), Stats., as specified in s. 938.355 (6g), Stats.

DOC 349.03(5) (5) “Deliver” or “delivery” has the meaning given in s. 450.01 (5), Stats.

DOC 349.03(6) (6) “Department” means the Wisconsin department of corrections.

DOC 349.03(7) (7) “Detention strength” means strong enough to resist damage an inmate could inflict with tools or equipment that would normally be in his or her possession.

DOC 349.03(8) (8) “Division” means the division of probation and parole.

DOC 349.03(9) (9) “Health screening form” means the form or forms developed by a lockup facility to obtain at admission information relating to each inmate’s medical and dental condition, medical illnesses or disabilities, mental illnesses, developmental disabilities, alcohol or other drug abuse problems and suicide risk.

DOC 349.03(10) (10) “Holding room” means a secure room in the lockup designed for holding, after arrest, one or more inmates of the same sex and security classification and segregated according to the requirements specified in s. 302.36, Stats., for purposes of processing admissions and releases.

DOC 349.03(10m) (10m) “Juvenile” means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “juvenile” does not include a person who has attained 17 years of age.

DOC 349.03(11) (11) “Lockup administrator” means the person in charge of lockup operations or a designee.

DOC 349.03(12) (12) “Lockup facility” or “lockup” means a temporary place of detention within a police station which is used exclusively for confinement of persons under arrest before those persons are brought before a court or post bond.

DOC 349.03(13) (13) “Privileged mail” means any written materials between an inmate and an attorney, court, government or facility official.

DOC 349.03(14) (14) “Secretary” means the secretary of the department.

DOC 349.03(14m) (14m) “Secure custody status” means the status of a juvenile in a lockup facility, which begins when the juvenile is placed in a cell, holding room, or other locked or secure room within the lockup and which ends when the juvenile is released from custody or is removed from the secure portion of a police station.

DOC 349.03(15) (15) “Secure detention area of the lockup” means the area within the secure outer boundaries of a lockup.

DOC 349.03(16) (16) “Security classification” means a grouping of inmates based on the level of supervision required, the nature of the offense or offenses for which the inmates were arrested and any other criteria set by the lockup administrator.

DOC 349.03(17) (17) “Special needs inmate” means an inmate who is identified or suspected of having a medical illness or disability, mental illness, a developmental disability or alcohol or other drug abuse problem or who is a suicide risk.

DOC 349.03 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; renum. (1) to (11) to be (2) to (4), (6) to (8), (10) to (12), (15) and (16) and am. (8), cr. (1), (5), (9), (13), (14) and (17), Register, December, 1992, No. 444, eff. 1-1-93; emerg. cr. (1m), (4m) and (10m), eff. 12-10-98; cr. (1m), (4m) and (10m), (14m), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.04 DOC 349.04 Prohibited uses. Pursuant to s. 302.30, Stats., a lockup may not be used to hold persons pending trial who have appeared in court or persons who have been committed to imprisonment for nonpayment of fines or forfeitures.

DOC 349.04 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. renum. (1) and (2), eff. 12-10-98; renum. (1) to be intro., and renum. (2) to be DOC 349.21 (1), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.05 DOC 349.05 Construction plans.

DOC 349.05(1) (1) Before design development begins, a village or city which intends to build or remodel a lockup shall file a letter of intent with the division’s regional detention facilities specialist.

DOC 349.05(2) (2) Copies of original and updated design drawings of the area for the lockup shall be submitted to the division’s regional detention facilities specialist at the same time the drawings are submitted to the village or city.

DOC 349.05(3) (3) All sites, plans and specifications for construction or remodeling of a lockup shall comply with the state commercial building code, chs. SPS 361 to 365.

DOC 349.05(4) (4) Prior to approval by the department of safety and professional services under chs. SPS 361 to 365 and prior to publication of bid documents, 2 complete sets of plans and specifications shall be forwarded to the division for its review and approval.

DOC 349.05(5) (5) Upon approval by the division, one set of plans and specifications shall be marked to indicate approval by the division and returned to the office that submitted the plan. The remaining set shall be filed in the division. If the plans and specifications are not approved, both sets shall be returned to the sender.

DOC 349.05 History History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; corrections made in (3) and (4) under 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522, eff. 7-1-99; corrections in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (3) and (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DOC 349.06 DOC 349.06 Physical environment for new or substantially remodeled lockups.

DOC 349.06(1) (1) Applicability. This section applies only to lockups that are constructed or substantially remodeled on or after February 1, 1990.

DOC 349.06(2) (2) Equipment and materials. The following equipment and materials in a lockup shall be of detention strength and manufactured, sold and installed by firms that specialize in jail and prison equipment or ordered from a firm that will follow the specifications for detention strength equipment in this chapter:

DOC 349.06(2)(a) (a) Windows;

DOC 349.06(2)(b) (b) Glazing;

DOC 349.06(2)(c) (c) Security screens;

DOC 349.06(2)(d) (d) Grills over vents and windows;

DOC 349.06(2)(e) (e) Security doors;

DOC 349.06(2)(f) (f) Security locks;

DOC 349.06(2)(g) (g) Keys;

DOC 349.06(2)(h) (h) Hinges;

DOC 349.06(2)(i) (i) Food passes;

DOC 349.06(2)(j) (j) Observation ports;

DOC 349.06(2)(k) (k) “Contraband proof” sills;

DOC 349.06(2)(L) (L) Speaking ports;

DOC 349.06(2)(m) (m) Seats;

DOC 349.06(2)(n) (n) Benches;

DOC 349.06(2)(o) (o) Lights;

DOC 349.06(2)(p) (p) Locking mechanism housings;

DOC 349.06(2)(q) (q) Key cabinets;

DOC 349.06(2)(r) (r) Walls;

DOC 349.06(2)(s) (s) Windows and door frames;

DOC 349.06(2)(t) (t) Bunks;

DOC 349.06(2)(u) (u) Tables;

DOC 349.06(2)(v) (v) Toilets;

DOC 349.06(2)(w) (w) Urinals;

DOC 349.06(2)(x) (x) Wash basins;

DOC 349.06(2)(y) (y) Drinking fountains;

DOC 349.06(2)(z) (z) Showers;

DOC 349.06(2)(za) (za) Desks;

DOC 349.06(2)(zb) (zb) Clothing hooks;

DOC 349.06(2)(zc) (zc) Shelves;

DOC 349.06(2)(zd) (zd) Door pulls;

DOC 349.06(2)(ze) (ze) Screws;

DOC 349.06(2)(zf) (zf) Bolts;

DOC 349.06(2)(zg) (zg) Mirrors;

DOC 349.06(2)(zh) (zh) Floor drains; and

DOC 349.06(2)(zi) (zi) Ceilings.

DOC 349.06(3) (3) Cells.

DOC 349.06(3)(a) (a) This subsection applies to all cells except holding rooms. Requirements for holding rooms are specified under sub. (4).

DOC 349.06(3)(b) (b) Each cell shall be designed and used for single occupancy only.

DOC 349.06(3)(c) (c) Each cell shall have a floor area of ar least 54 square feet. 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 349.06(3)(d) (d) Each cell shall have:

DOC 349.06(3)(d)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 349.06(3)(d)2. 2. 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; and

DOC 349.06(3)(d)3. 3. Detention strength light fixtures that provide at least 10 footcandles of illumination 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.

DOC 349.06(4) (4) Holding rooms.

DOC 349.06(4)(a) (a) A person under arrest who is in the process of being admitted or released may be placed in a holding room for a period of time not to exceed 4 hours, but only after the decision has been made, in the case of a person being admitted, to admit the person to the lockup facility and a proper entry has been made in the register of inmates required under s. DOC 349.11 (1). Holding rooms shall be located in an area that allows continuous staff observation or electronic surveillance of inmates. Supervision shall be in accordance with the requirements of ss. 302.41 and 302.42, Stats.

DOC 349.06(4)(b) (b) Holding rooms may be designed and used for multiple occupancy for inmates of the same security classification who are properly segregated as required under s. 302.36, Stats.

DOC 349.06(4)(c) (c) Each lockup which has a holding room shall have at least one cell that is designed and used for single occupancy.

DOC 349.06(4)(d) (d) Each holding room shall contain detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of a similar strength.

DOC 349.06(4)(e) (e) A detention strength, institution-type wash basin and toilet shall be provided for every 8 occupants and, for holding rooms designed for male occupancy, a urinal shall be provided.

DOC 349.06(4)(f) (f) Hot and cold running water shall be provided.

DOC 349.06(4)(g) (g) A holding room shall have a floor area of at least 50 square feet. The maximum capacity for a holding room with at least 50 square feet of floor space but less than 60 square feet of floor space shall be 5 persons. The maximum capacity for a larger holding room shall be one more person for every additional 10 square feet of floor space.