Wisconsin Legislature: DOC 350.03(1)

Ch. DOC 350 NoteNote: Chapter DOC 350 as it existed on August 31, 2014, was repealed and a new ch. DOC 350 was created, Register August 2014 No. 704, effective September 1, 2014.

DOC 350.01DOC 350.01 Purpose and authority. The purpose of this chapter is to establish minimum standards for the design, construction, and operation of jails and houses of correction. The rules are promulgated under the authority of ss. 227.11 (2) (a), 301.03 (5), 301.36, 301.37, and 302.365, Stats.

DOC 350.01 HistoryHistory: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.02DOC 350.02 Applicability. This chapter applies to all jails established by counties under s. 302.30, Stats., all state-local shared correctional facilities established under s. 302.45, Stats., and all county houses of correction established under s. 303.16, Stats.

DOC 350.02 HistoryHistory: Cr. Register, February, 1990, No. 410, eff. 3-1-90; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.03DOC 350.03 Definitions. In this chapter:

DOC 350.03(1)(1) “Administer” has the meaning given in s. 450.01 (1), Stats.

DOC 350.03(2)(2) “Cell” means a secure room designed and used as a sleeping room for one person confined in a jail, except that, when the jail meets the conditions for double celling under s. DOC 350.20, “cell” means a secure room designed as a sleeping room and used for sleeping one or two persons confined in a jail.

DOC 350.03(3)(3) “Confinement” means placement in a cell of a person who has been arrested and is awaiting bail or bond posting, arraignment, or another legal proceeding listed under ss. 938.208 and 938.209, Stats., for juveniles, or s. 302.31, Stats., for adults.

DOC 350.03(4)(4) “Contraband” means any item not allowed in a jail by the sheriff or by this chapter.

DOC 350.03(5)(5) “Court holding room” means a secure room outside the secure perimeter of the jail adjacent to or near courtrooms.

DOC 350.03(6)(6) “Dayroom” means an area in a jail that is readily accessible to inmates, contiguous to a group of cells or dormitory, and is designed and used for leisure or recreation activities but not for sleeping purposes.

DOC 350.03(7)(7) “Deliver” or “delivery” has the meaning given in s. 450.01 (5), Stats.

DOC 350.03(8)(8) “Department” means the Wisconsin department of corrections.

DOC 350.03(9)(9) “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 350.03(10)(10) “Dormitory” means a room used for sleeping purposes and designed for occupancy by two or more persons.

DOC 350.03(11)(11) “Exercise space” means a room or an area in a jail that is designated for inmate exercise and recreation.

DOC 350.03(12)(12) “Health screening form” means the form used to record information about medical, mental health, and dental conditions; physical and developmental disabilities; alcohol or other drug abuse problems; and suicide risk.

DOC 350.03(13)(13) “Holding room” means a secure room in the jail designed for holding more than one inmate of the same sex and classification for the purpose of processing admissions and releases.

DOC 350.03(14)(14) “Huber law inmate” means an inmate who has been granted the privilege of leaving a jail under s. 303.08 or 973.09 (4), Stats.

DOC 350.03(15)(15) “Jail” means a place of confinement operated by a sheriff for the purposes listed under s. 302.31, Stats. “Jail” includes a jail as defined under s. 302.30, Stats., a state-local shared correctional facility as defined under s. 302.45, Stats., and a county house of correction as defined under s. 303.16, Stats.

DOC 350.03(16)(16) “Multipurpose room” means a room or an area in a jail that is designated for programming or congregate assembly other than visiting.

DOC 350.03(17)(17) “Natural lighting” means direct or indirect illumination as provided by the sun or daylight.

DOC 350.03(18)(18) “Privileged mail” means any written materials between an inmate and an attorney.

DOC 350.03(19)(19) “Receiving cell” means a secure room designed and used as a sleeping room for one person confined in a jail to segregate the person for admission, release, or disciplinary purposes.

DOC 350.03(20)(20) “Secretary” means the secretary of the department.

DOC 350.03(21)(21) “Secure perimeter of the jail” means the secure outer boundaries of a jail.

DOC 350.03(22)(22) “Security classification” means a grouping of inmates based on the level of supervision required, the nature of the offense for which the inmate was arrested or of which the inmate was convicted, or other criteria set by the sheriff.

DOC 350.03(23)(23) “Sheriff” means the person in charge of jail operations or a designee.

DOC 350.03(24)(24) “Unencumbered space” means usable floor space that is not encumbered by furnishings or fixtures.

DOC 350.03 HistoryHistory: Cr. Register, February, 1990, No. 410, eff. 3-1-90; r. and recr. Register, November, 1990, No. 419, eff. 12-1-90; renum. (1) to (16) to be (2) to (5), (7) to (10), (12) to (15), (17), (19) to (21) and am. (9), cr. (1), (6), (11), (16), (18) and (22), Register, December, 1992, No. 444, eff. 1-1-93; corrections in (3) made under 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.04DOC 350.04 Construction plans.

DOC 350.04(1)(1) Before design development begins, a county that intends to build or remodel a jail shall file a letter of intent with the department’s regional detention facilities specialist.

DOC 350.04(2)(2) Copies of original and updated drawings of the area within the secure perimeter of the jail shall be submitted to the department’s regional detention facilities specialist at the same time the drawings are submitted to the county.

DOC 350.04(3)(3) All sites, plans, and specifications for construction or remodeling of a jail shall comply with the Wisconsin commercial building code.

DOC 350.04(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 350.04(5)(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.

DOC 350.04 HistoryHistory: Cr. Register, February, 1990, No. 410, eff. 3-1-90; corrections in (3) and (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522; 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; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.05DOC 350.05 Physical environment for new or substantially remodeled jails.

DOC 350.05(1)(1) Applicability. This section applies only to jails that are constructed or substantially remodeled on or after September 1, 2014.

DOC 350.05(2)(2) Furniture and fixtures. Furniture and fixtures used in a jail shall be of detention strength materials and manufactured, sold, and installed by firms that specialize in detention equipment or ordered from a firm that will follow the specifications for detention strength equipment in this chapter, including all of the following:

DOC 350.05(2)(a)(a) Benches.

DOC 350.05(2)(b)(b) Bolts.

DOC 350.05(2)(c)(c) Bunks.

DOC 350.05(2)(d)(d) Ceilings.

DOC 350.05(2)(e)(e) Clothing hooks.

DOC 350.05(2)(f)(f) Contraband proof thresholds.

DOC 350.05(2)(g)(g) Desks.

DOC 350.05(2)(h)(h) Door pulls.

DOC 350.05(2)(i)(i) Drinking fountains.

DOC 350.05(2)(j)(j) Floor drains.

DOC 350.05(2)(k)(k) Food passes.

DOC 350.05(2)(L)(L) Glazing.