Wisconsin Legislature: DOC 350.08(4)

(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.

(11) Walls.

(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.

(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.

(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.

(13) Doors and locks.

(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.

(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.

(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.

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

(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.

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

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

(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.

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

(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.

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

(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.

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

(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.

(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.

(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.

(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.

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

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

DOC 350.08 Variance.

(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.

(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.

(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.

(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.

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

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

DOC 350.09 Policy and procedure manual.

(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:

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

(b) Statement of the availability of the manual to staff.

(2) Submission and approval of manual.

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

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.

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).

(b) Appeal to secretary. Within 21 days of the date of the disapproval, the sheriff may appeal the department’s disapproval to the secretary. The secretary shall issue a decision within 30 days of the appeal. The decision shall be in writing and shall state the reasons for the decision. If required by the secretary’s decision, the sheriff shall modify the manual and resubmit it within 60 days of the decision to the department.

(c) Changes to manual. Any proposed substantive changes to an approved manual shall be submitted to the department and shall be reviewed under the procedures of this subsection.

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

DOC 350.10 Records and reporting.

(1) Register of inmates. Each jail shall keep a register of all inmates. The register shall contain identifying information on each inmate, including name, residence, age, sex, race, court order, time and cause of placement and placing authority, and time of release and releasing authority. If an inmate escapes, the time and manner of the escape shall be recorded in the register.

(2) Storage of records. Records shall be kept in a secure area. Juvenile records shall be kept separate from adult records and shall be maintained in a confidential manner in accordance with s. 938.396, Stats., and any other applicable federal or state law.

(3) Reporting requirements.

(a) The sheriff shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occur:

1. An inmate dies.

2. An inmate attempts suicide and is admitted to a hospital, excluding an emergency room admission or admission for detention and evaluation under ch. 51, Stats., or is provided medical treatment for a life-threatening injury incurred as a result of the suicide attempt.

3. An inmate or staff is hospitalized due to an injury caused by assault or use of force.

4. An inmate escapes or attempts to escape from secure custody.

5. There is significant damage to the jail affecting the safety or security of the facility.

(b) The sheriff shall promptly furnish to the department all requested information.

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

DOC 350.11 Food service. The jail shall have policies and procedures relating to food service, including the following components:

(1) The jail shall provide nutritious and quality food for all inmates.

(2) An annual menu review by a qualified nutritionist or dietician shall be completed and maintained in the facility files.

(3) An annual inspection of all full-production and service kitchens in a jail by a qualified, independent outside source documenting that the food service area meets health and safety codes.

(4) Internal monthly inspection of the food service area is completed and documented.

(5) The kitchen area and all equipment are maintained in a sanitary condition. Routine inspections are completed and documented.

(6) Three nutritious meals are provided daily, two of which are hot. Variations may be allowed based on weekend and holiday food service demands, provided basic nutritional goals are met.

(7) Food temperatures are properly maintained.

(8) Food items are stored appropriately at least 6 inches off the floor. Opened food packages are stored in airtight containers that are labeled and dated. Food items are stored in appropriate locations and temperatures.

(9) Special diets are provided as prescribed by a qualified health care professional.

(10) An inmate may abstain from any foods that violate the inmate’s religion. Consistent with available resources, the jail shall provide a substitute from other available foods from the menu served at the meal. The substitutions shall be consistent with sub. (1).

(11) Inmates assigned to the kitchen who prepare or serve food shall bathe or shower daily and be provided a clean uniform.

(12) No person who is known to be infected with any illnesses transmittable by food or utensils may be employed or work as a food handler in a facility.

(13) All persons who work in food service areas shall wear clean garments and clean caps or hairnets and shall keep their hands clean at all times when engaged in the handling of food, drink, utensils, or equipment. Particular attention shall be given to the cleaning of fingernails.

(14) Inmate workers are provided orientation and training prior to assignment in the kitchen area.

(15) Inmate workers are supervised throughout all aspects of food preparation and service.

(16) Food and drink shall be protected from contamination. Meals are covered during transit to and within the facility.

(17) Kitchen food storage and dishwashing equipment temperatures are routinely monitored and documented.

(18) Garbage containers are covered, emptied daily, and kept clean.

(19) Cleaning agents are stored separately from food service items.

(20) A security procedure is in place to control and account for sharps, tools, and utensils at all times.

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

DOC 350.12 Sanitation and hygiene. The jail shall have policies and procedures relating to sanitation and hygiene, including the following components:

(1) Facilities are required to be clean and in good repair.

(2) Blankets shall be laundered monthly and before reissue.

(3) Sheets, pillowcases, and mattress covers shall be changed and washed at least weekly and before reissue.

(4) Clean towels shall be issued to each inmate twice a week.

(5) Mattresses shall be provided where there is a need for overnight detention. Each mattress and each pillow, if used, shall be covered with a fire retardant, waterproof, easy-to-sanitize material. Mattresses and pillows shall be kept in good repair and in a clean and sanitary condition. The sheriff shall provide adequate bedding. Mattresses shall be cleaned and sanitized before reissue.

(6) Suppliers of mattresses and pillows shall provide evidence to the sheriff that the products are fire retardant, waterproof, and easy to clean.

(7) Mattresses shall be of proper size to fit the bed.

(8) The sheriff shall provide an inmate whose clothing has been confiscated with adequate and appropriate clothing, including footwear, for use while the inmate is in custody. Footwear shall be cleaned and sanitized before reissue.

(9) Laundry schedule shall be established to meet daily needs. All issued and allowed clothing items are laundered twice weekly.

(10) Vermin and pests are controlled with an effective, documented program. Containers of poisonous compounds used for exterminating rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware in a locked area not accessible to inmates.