Chapter DOC 350

DOC 350.06(2)(zd) (zd) Urinals.

DOC 350.06(2)(ze) (ze) Walls.

DOC 350.06(2)(zf) (zf) Washbasins.

DOC 350.06(2)(zg) (zg) Windows.

DOC 350.06(2)(zh) (zh) Window and door frames.

DOC 350.06(3) (3) Cells.

DOC 350.06(3)(a) (a) This subsection applies to all cells except receiving cells and holding rooms. Requirements for receiving cells are specified under sub. (5), and requirements for holding rooms are specified under sub. (7).

DOC 350.06(3)(b) (b) Except if s. DOC 350.20 applies, each cell shall be designed and used for single occupancy only.

DOC 350.06(3)(c) (c) Except if s. DOC 350.20 applies, each cell shall have a floor area of at 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 350.06(3)(d) (d) A cell that is to be used for double occupancy shall have a floor area of at least 70 square feet.

DOC 350.06(3)(e) (e) There shall be at least one shower or bathtub in each area where cells are located. There shall be hot and cold running water in the showers and bathtubs, and the hot water shall maintain a minimum temperature of 110°F to the mixer. In this paragraph, “mixer” means the part of the plumbing system which combines hot and cold water.

DOC 350.06(3)(f) (f) Each cell shall have all of the following:

DOC 350.06(3)(f)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 for each inmate.

DOC 350.06(3)(f)2. 2. A detention strength, metal, institution-type washbasin and toilet. The washbasin and toilet may be combined in one unit. The washbasin shall have hot and cold running water.

DOC 350.06(3)(f)3. 3. Detention strength light fixtures that shall provide at least 10 foot-candles 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 350.06(3)(f)4. 4. A detention strength, metal, institution-type mirror that is not removable.

DOC 350.06(4) (4) Dayrooms.

DOC 350.06(4)(a) (a) All dormitories and cells, except receiving cells and holding rooms, shall be provided with one or more dayrooms in their immediate vicinity that are accessible to inmates. If the dayroom is an area within a dormitory, the requirements under sub. (6) (b) apply.

DOC 350.06(4)(b) (b) Each dayroom shall have detention strength tables and seating for the number of occupants of the dormitory or cells that have access to the dayroom.

DOC 350.06(4)(c) (c) Illumination in dayrooms may not be less than 10 foot-candles, 30 inches above the floor.

DOC 350.06(5) (5) Receiving cells.

DOC 350.06(5)(a) (a) All receiving cells shall be designed and used for single occupancy.

DOC 350.06(5)(b) (b) Each receiving cell shall have a floor area of at 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 350.06(5)(c) (c) Each receiving cell shall have all of the following:

DOC 350.06(5)(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 350.06(5)(c)2. 2. A detention strength, metal, institution-type washbasin and toilet. The washbasin and toilet may be combined in one unit. The washbasin shall have hot and cold running water.

DOC 350.06(5)(c)3. 3. Detention strength light fixtures that shall provide at least 10 foot-candles 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 350.06(6) (6) Dormitories.

DOC 350.06(6)(a) (a) Inmates may be housed in dormitories if the inmates are of the same security classification and properly segregated as required under s. 302.36, Stats.

DOC 350.06(6)(b) (b) Each dormitory shall have a minimum floor area of 35 square feet per occupant, excluding the toilet and shower area. Each dormitory shall have a floor to ceiling height of not less than 8 feet.

DOC 350.06(6)(c) (c) A detention strength bed shall be provided for each occupant of a dormitory.

DOC 350.06(6)(d) (d) An area for personal property shall be provided for each occupant of a dormitory.

DOC 350.06(6)(e) (e) Dormitories shall be provided with illumination of at least 10 foot-candles, 30 inches above the floor and with the ability to reduce lighting during sleeping hours to a level which is enough for security checks.

DOC 350.06(6)(f) (f) Each dormitory shall provide adequate showers or bathtubs, toilets, and washbasins for the occupants. Each dormitory shall have hot and cold running water, and the hot water shall maintain a minimum temperature of 110°F to the mixer. In this paragraph, “mixer” means the part of the plumbing system which combines hot and cold water.

DOC 350.06(6)(g) (g) Dormitories shall be constructed of materials of detention strength and shall be provided with detention strength equipment.

DOC 350.06(7) (7) Holding rooms.

DOC 350.06(7)(a) (a) Holding rooms are intended to be used for admission, release, and investigative purposes. A holding room may not be used as a cell, dormitory, or receiving cell. Holding rooms shall be located in an area that allows continuous staff observation or electronic video surveillance of inmates.

DOC 350.06(7)(b) (b) 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 350.06(7)(c) (c) A detention strength, institution-type washbasin and toilet shall be provided.

DOC 350.06(7)(d) (d) A holding room shall have a floor area of at least 50 square feet with an additional 10 square feet for each occupant above five.

DOC 350.06(8) (8) Multipurpose room. Each jail shall provide a multipurpose room for recreation, physical exercise, and congregate assembly other than visiting. The multipurpose room shall have a minimum floor area of 300 square feet.

DOC 350.06(9) (9) Exterior windows.

DOC 350.06(9)(a) (a) This subsection applies to all windows that lead to the exterior of the jail or to an area outside the secure perimeter of the jail.

DOC 350.06(9)(b) (b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure perimeter of the jail from observing inmates within the jail.

DOC 350.06(9)(c) (c) Each exterior window that has an opening in any direction in excess of 5 1/2 inches shall be covered with security steel grills to prevent escape.

DOC 350.06(9)(d) (d) If an exterior window is accessible to inmates and opens, the window shall be mounted in a detention strength frame and shall be covered on the inside with a 1,600 pound per lineal inch tensile strength security screen of .047 mil. wire diameter to prevent the passage of contraband.

DOC 350.06(9)(e) (e) If an exterior window is not accessible to inmates and opens, the window’s security screen need not meet the requirements of par. (d), but the screen shall have a tensile strength of at least 800 pounds per lineal inch and shall be made of wire of at least .028 mil. diameter.

DOC 350.06(9)(f) (f) If an exterior window does not open, whether or not it is accessible to inmates, the security screen required under par. (d) or (e) may be omitted if the window is mounted in a detention strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

DOC 350.06(10) (10) Exterior approaches. The exterior of the jail and approaches to the jail shall be well lighted at night to permit observation of persons approaching the building.

DOC 350.06(11) (11) Walls.

DOC 350.06(11)(a) (a) Walls on the exterior of the jail shall be constructed of reinforced concrete or fully grouted concrete block at least 8 inches thick, or the walls shall be constructed of materials of similar strength which provide equivalent security.

DOC 350.06(11)(b) (b) Walls in the interior of the jail shall be constructed of reinforced concrete or fully grouted concrete block at least 6 inches thick, or the walls shall be constructed of materials of similar strength which provide equivalent security.

DOC 350.06(12) (12) Ceilings. Ceilings in areas accessible to inmates shall be constructed of pre-cast concrete or flat steel of at least 3/16 inch thickness, or ceilings shall be constructed of materials of similar strength which provide equivalent security.

DOC 350.06(13) (13) Doors and locks.

DOC 350.06(13)(a) (a) Every door that leads to the exterior of the jail or to an area outside the secure perimeter of the jail shall have a threshold designed to prevent the introduction of contraband.

DOC 350.06(13)(b) (b) Every door entering into the secure perimeter of the jail shall be of detention strength. Each of these doors shall have a vision panel or other means of observation to permit identification of individuals before they enter an area within the secure perimeter of the jail and to allow observation of an area before entering it. If the vision panel has an opening in any direction in excess of 5 1/2 inches, the opening shall be covered with detention strength steel grills to prevent escape.

DOC 350.06(13)(c) (c) In multiple cell sections, other than receiving cell sections, the mechanical means of emergency release may not be operated by key locks in the door or cells. The mechanical means of emergency release shall be operated by remote control located in an area not accessible to inmates.

DOC 350.06(13)(d) (d) For receiving cells, the mechanical means of emergency release may be operated by key locks in the doors of cells.

DOC 350.06(14) (14) Access to controls. Inmates may not have access to plumbing, wiring, vents, thermostats, switches, or controls, except that inmates in dormitories may have limited control over lights, heating, radios, and televisions.

DOC 350.06 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.07 DOC 350.07 Physical environment of jails constructed before March 1, 1990.

DOC 350.07(1) (1) This section applies to jails that were constructed before March 1, 1990, and have not been substantially remodeled on or after March 1, 1990.

DOC 350.07(2) (2) Except if s. DOC 350.20 applies, each cell shall be designed and used for single occupancy only.

DOC 350.07(3) (3) Except if s. DOC 350.20 applies, each cell shall be at least 5 1/2 feet wide and 7 1/2 feet long.

DOC 350.07(4) (4) A cell that is to be used for double occupancy shall have a floor area of at least 70 square feet.

DOC 350.07(5) (5) Each cell shall contain a rigidly constructed metal bunk with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength for each inmate, a prison-type wash bowl, and a prison-type toilet.

DOC 350.07(6) (6) There shall be adequate showers or bathtubs for the inmates. The supply of hot and cold water shall be adequate.

DOC 350.07(7) (7) Inmates may be housed in dormitories if the inmates are of the same security classification and properly segregated as required under s. 302.36, Stats. Dormitories may be used for Huber law inmates or other groups by classification. Dormitories shall include sufficient washbasins, toilets, and showers.

DOC 350.07(8) (8) All windows accessible to prisoners shall be covered with a heavy gauge screen of 1/4 inch mesh or less or a detention screen to prevent passage of contraband. If the window leads to the exterior of the jail or to an area outside the secure perimeter of the jail and the exterior window does not open, the detention screen may be omitted if the window is mounted in a detention strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

DOC 350.07(9) (9) An approved security door with an observation opening shall be provided for each entrance into the secure perimeter of a jail. The door may not be unlocked except to admit authorized persons and inmates.

DOC 350.07(10) (10) A detention strength locking device shall be installed on each security door. Jail sections having multiple cells shall be provided with locking devices so that doors may be unlocked by a remote release located in an area not accessible to inmates.

DOC 350.07(11) (11) The exterior of and approaches to the jail shall be well lighted at night to permit observation of persons approaching the building.

DOC 350.07 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.08 DOC 350.08 Variance.

DOC 350.08(1) (1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for the conditions required to permit double celling under s. DOC 350.20 or for any requirement specifically imposed by Wisconsin Statutes.

DOC 350.08(2) (2) In order to obtain a variance, the sheriff shall demonstrate in writing that strict enforcement of the rule would result in unreasonable hardship for administration of the jail and that the variance would provide equivalent or better protection for the health, safety, rights, and welfare of inmates and the public.

DOC 350.08(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 inmates and the public.

DOC 350.08(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 350.08(5) (5) Any variance granted shall not set a precedent.

DOC 350.08 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.09 DOC 350.09 Policy and procedure manual.

DOC 350.09(1) (1) Content of manual. The sheriff shall develop a written policy and procedure manual for the operation of each jail. The manual shall contain all of the following:

DOC 350.09(1)(a) (a) Statement of the policies of the facility, including policies under ss. DOC 350.11 to DOC 350.35.

DOC 350.09(1)(b) (b) Statement of the availability of the manual to staff.

DOC 350.09(1)(c) (c) Statement of the procedure for notification to inmates of policies.

DOC 350.09(2) (2) Submission and approval of manual.

DOC 350.09(2)(a) (a) Department approval. The sheriff shall submit the initial policy and procedure manual to the department for approval, using the following procedure:

DOC 350.09(2)(a)1. 1. The department shall approve or disapprove the manual in writing within 90 days after submission. If the department approves the manual, the department shall notify the sheriff in writing of the approval.

DOC 350.09(2)(a)2. 2. If the department disapproves the manual, the department shall notify the sheriff in writing of the decision and the reasons for the disapproval. If the sheriff accepts the decision, the sheriff shall submit a revised manual which conforms with the decision within 21 days of the date of the disapproval. If the sheriff does not accept the decision of the department, then the sheriff may appeal under par. (b).