Chapter DOC 350

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).

DOC 350.09(2)(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.

DOC 350.09(2)(c) (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.

DOC 350.09 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.10 DOC 350.10 Records and reporting.

DOC 350.10(1) (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.

DOC 350.10(2) (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.

DOC 350.10(3) (3) Reporting requirements.

DOC 350.10(3)(a) (a) The sheriff shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occur:

DOC 350.10(3)(a)1. 1. An inmate dies.

DOC 350.10(3)(a)2. 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.

DOC 350.10(3)(a)3. 3. An inmate or staff is hospitalized due to an injury caused by assault or use of force.

DOC 350.10(3)(a)4. 4. An inmate escapes or attempts to escape from secure custody.

DOC 350.10(3)(a)5. 5. There is significant damage to the jail affecting the safety or security of the facility.

DOC 350.10(3)(b) (b) The sheriff shall promptly furnish to the department all requested information.

DOC 350.10 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

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

DOC 350.11(1) (1) The jail shall provide nutritious and quality food for all inmates.

DOC 350.11(2) (2) An annual menu review by a qualified nutritionist or dietician shall be completed and maintained in the facility files.

DOC 350.11(3) (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.

DOC 350.11(4) (4) Internal monthly inspection of the food service area is completed and documented.

DOC 350.11(5) (5) The kitchen area and all equipment are maintained in a sanitary condition. Routine inspections are completed and documented.

DOC 350.11(6) (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.

DOC 350.11(7) (7) Food temperatures are properly maintained.

DOC 350.11(8) (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.

DOC 350.11(9) (9) Special diets are provided as prescribed by a qualified health care professional.

DOC 350.11(10) (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).

DOC 350.11(11) (11) Inmates assigned to the kitchen who prepare or serve food shall bathe or shower daily and be provided a clean uniform.

DOC 350.11(12) (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.

DOC 350.11(13) (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.

DOC 350.11(14) (14) Inmate workers are provided orientation and training prior to assignment in the kitchen area.

DOC 350.11(15) (15) Inmate workers are supervised throughout all aspects of food preparation and service.

DOC 350.11(16) (16) Food and drink shall be protected from contamination. Meals are covered during transit to and within the facility.

DOC 350.11(17) (17) Kitchen food storage and dishwashing equipment temperatures are routinely monitored and documented.

DOC 350.11(18) (18) Garbage containers are covered, emptied daily, and kept clean.

DOC 350.11(19) (19) Cleaning agents are stored separately from food service items.

DOC 350.11(20) (20) A security procedure is in place to control and account for sharps, tools, and utensils at all times.

DOC 350.11 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

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

DOC 350.12(1) (1) Facilities are required to be clean and in good repair.

DOC 350.12(2) (2) Blankets shall be laundered monthly and before reissue.

DOC 350.12(3) (3) Sheets, pillowcases, and mattress covers shall be changed and washed at least weekly and before reissue.

DOC 350.12(4) (4) Clean towels shall be issued to each inmate twice a week.

DOC 350.12(5) (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.

DOC 350.12(6) (6) Suppliers of mattresses and pillows shall provide evidence to the sheriff that the products are fire retardant, waterproof, and easy to clean.

DOC 350.12(7) (7) Mattresses shall be of proper size to fit the bed.

DOC 350.12(8) (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.

DOC 350.12(9) (9) Laundry schedule shall be established to meet daily needs. All issued and allowed clothing items are laundered twice weekly.

DOC 350.12(10) (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.

DOC 350.12(11) (11) After 24 hours, inmates shall be provided with toilet articles sufficient for the maintenance of cleanliness and hygiene, including toothpaste and toothbrush, soap, and comb. Basic feminine hygiene materials for females and toilet paper shall be provided to inmates upon request. There shall be no common use of toothbrushes, combs, shaving materials, or feminine hygiene materials.

DOC 350.12(12) (12) Inmates are provided cleaning materials daily. Tables used for common use and meals shall be kept sanitized. Door traps used for passing meals or other items shall be kept sanitized.

DOC 350.12(13) (13) Safety and sanitation inspections of the jail are completed and documented at a minimum of once monthly.

DOC 350.12(14) (14) Common use grooming tools are disinfected and cleaned before reissue and are stored in a secure area.

DOC 350.12(15) (15) Property storage containers shall be sanitized before reuse.

DOC 350.12(16) (16) Trash is removed daily from all dayrooms.

DOC 350.12(17) (17) Hazardous waste shall be disposed of according to government regulations.