Chapter DOC 350

DOC 350.18 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.19 DOC 350.19 Fire safety. The jail shall have policies and procedures relating to fire safety, including the following components:

DOC 350.19(1) (1) The facility conforms to applicable federal, state, and local fire safety codes.

DOC 350.19(2) (2) Each jail shall develop a fire safety policy in accordance with local fire department recommendations that addresses all of the following:

DOC 350.19(2)(a) (a) Local fire department inspection requirements under sub. (5).

DOC 350.19(2)(b) (b) Fire protection equipment location and maintenance. Each jail shall have and shall properly maintain fire alarms, smoke and thermal detectors, fire extinguishers, and self-contained breathing apparatuses which operate for at least 30 minutes.

DOC 350.19(2)(c) (c) Training of staff in equipment use and the evacuation of inmates.

DOC 350.19(2)(d) (d) A written evacuation plan.

DOC 350.19(3) (3) The evacuation route developed as part of the evacuation plan under sub. (2) (d) shall be posted in a conspicuous place for staff in the jail.

DOC 350.19(4) (4) Fire safety evacuation and other procedures shall be practiced or simulated by all jail staff at least once every 12 months. Each practice or simulation shall be documented.

DOC 350.19(5) (5) The facility shall be inspected by the local fire department at least once every 12 months and a record thereof shall be maintained.

DOC 350.19(6) (6) There shall be monthly inspections of the facility to ensure compliance with safety and fire prevention standards. Inspections shall be documented.

DOC 350.19(7) (7) After September 1, 2014, sprinkler heads accessible to inmates not under direct supervision must be tamper and suicide resistant.

DOC 350.19 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.20 DOC 350.20 Double celling. If approved by the department, the jail shall have policies and procedures relating to double celling, including the following components:

DOC 350.20(1) (1) The county board and sheriff shall determine jointly the adequate staffing needs, including support staff and services that are required to ensure the health, safety, and security of the jail staff and inmates when using cells for double occupancy. The joint determinations shall be in writing and signed by the representatives of the county board and the sheriff and shall be filed with the department. The written joint determination shall remain in effect until rescinded or amended by mutual written agreement of the county board and sheriff. Unless there is adequate staff as agreed upon by the county board and sheriff, double celling may not occur.

DOC 350.20(2) (2) Inmates housed in the same cell shall have the same custody classification and be properly segregated as required under s. 302.36, Stats.

DOC 350.20(3) (3) For male and female housing areas, at least one cell or 15% of the jail’s total number of cells, whichever is greater, shall be maintained for single occupancy.

DOC 350.20(4) (4) Receiving cells may not be used for double occupancy.

DOC 350.20 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.21 DOC 350.21 Inmate classification. All jails shall meet the requirements set forth in s. 302.36, Stats. The sheriff shall establish and maintain an objective prisoner classification system to determine prisoner custody status and housing assignment, and develop eligibility criteria for prisoner participation in available work assignments, programs, and community service projects. The jail shall have policies and procedures relating to classification, including the following components:

DOC 350.21(1) (1) Description of the objective prisoner classification system, including the identification and training of staff authorized to classify prisoners, initial classification and reclassification procedures, and prisoner appeal process.

DOC 350.21(2) (2) Eligibility criteria for prisoner participation in available work assignments, programs, and community service projects.

DOC 350.21(3) (3) Review of prisoner classification decisions.

DOC 350.21 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.22 DOC 350.22 Use of force. The jail shall have policies and procedures for the use of force, including the following components:

DOC 350.22(1) (1) Jail staff may use physical force against an inmate only if force is necessary to change the location of an inmate or to prevent death or bodily injury to the staff member, the inmate, or someone else, unlawful damage to property, or the escape of an inmate from the jail. Staff may use only the amount of force reasonably necessary to achieve the objective for which force is used. Corporal punishment of inmates is forbidden.

DOC 350.22(2) (2) Any staff member who has used force to control an inmate or inmates shall submit a written report to the sheriff, jail administrator or the staff member’s supervisor describing the incident. The report shall include all known relevant facts and be submitted by the end of the shift unless otherwise authorized by the sheriff or sheriff’s designee.

DOC 350.22 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.23 DOC 350.23 Use of restraints. The jail shall have policies and procedures governing the use of restraints and control devices, including the following components:

DOC 350.23(1) (1) Restraint devices are never used as punishment and are not applied longer than necessary.

DOC 350.23(2) (2) When an inmate is mechanically restrained for non-routine purposes, a written report must be completed by the end of the shift unless otherwise authorized by the sheriff or sheriff’s designee. Documentation shall include the reason for use, duration of use, and corresponding wellness checks.

DOC 350.23 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.24 DOC 350.24 Discipline. The jail shall have policies and procedures outlining inmate discipline and due process, including the following components:

DOC 350.24(1) (1) Inmate rules of behavior. Every jail shall have written rules of behavior for inmates. At the time of admission, each person shall be notified verbally of the existence of the jail’s rules for inmate behavior and the potential disciplinary actions for violation of the rules. Each inmate shall be provided with a copy of the jail rules or copies of the rules shall be posted in conspicuous places in the jail.

DOC 350.24(2) (2) Discipline for a minor violation.

DOC 350.24(2)(a) (a) In this subsection, “minor violation” means a violation of the jail’s rules of behavior for which minor discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A minor discipline is a verbal or written reprimand, restriction of privileges for 24 hours or less, or placement in disciplinary segregation for 24 hours or less.

DOC 350.24(2)(b) (b) A staff member who observes an inmate committing a minor violation shall inform the inmate of the rule that he or she has violated, the potential discipline, and the disciplinary procedures for minor violations under pars. (c) to (g).

DOC 350.24(2)(c) (c) The staff member shall give the inmate an opportunity to make a verbal statement about the alleged violation to the staff member.

DOC 350.24(2)(d) (d) The staff member may impose a minor discipline if he or she finds that a violation occurred.

DOC 350.24(2)(e) (e) The staff member shall inform his or her supervisor of the incident and the discipline administered as soon as the supervisor is available. The supervisor shall review the incident and discipline administered. If the supervisor concludes that the violation constitutes a major violation, the alleged infraction shall be handled in accordance with sub. (3). If the supervisor finds that no violation has occurred, the inmate shall be notified that the charge has been dismissed.

DOC 350.24(2)(f) (f) The inmate may appeal the supervisor’s decision. The jail shall have a procedure for an inmate to follow if the inmate wishes to appeal that decision. The inmate shall be notified of his or her right to appeal the supervisor’s decision and of the jail’s procedure for making the appeal.

DOC 350.24(2)(g) (g) Information about the incident, the discipline administered, and the supervisor’s decision shall be made part of the inmate’s file. If the supervisor finds that no violation occurred or if the reviewer of an appeal submitted under par. (f) finds that no violation occurred, the due process records shall reflect those findings.

DOC 350.24(3) (3) Discipline for a major violation.

DOC 350.24(3)(a) (a) In this subsection, “major violation” means a violation of the jail’s rules of behavior for which major discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A major discipline is restriction of privileges for more than 24 hours, placement in solitary confinement for more than 24 hours in accordance with s. 302.40, Stats., loss of good time in accordance with s. 302.43, Stats., restrictions affecting Huber law privileges in accordance with s. 303.08, Stats., or restrictions affecting work release in accordance with s. 303.065, Stats.

DOC 350.24(3)(b) (b) A staff member who observes an inmate committing a major violation shall submit a written report to his or her supervisor within 24 hours of the incident.

DOC 350.24(3)(c) (c) The inmate shall be notified of the charges and of his or her right to a hearing under par. (d) at least 24 hours in advance of the hearing. The inmate may waive this time requirement.

DOC 350.24(3)(d) (d) A due process hearing shall be held within seven calendar days unless an inmate waives the right to a due process hearing under par. (e). The due process hearing shall be conducted in accordance with all of the following:

DOC 350.24(3)(d)1. 1. An impartial hearing officer or committee shall conduct the due process hearing. The hearing may not be conducted by a person who may review an appeal made under par. (d) 6. or who has personally observed, been a part of, or investigated the incident which is the subject of the hearing.

DOC 350.24(3)(d)2. 2. The inmate has the right to be present at the hearing, to make a statement, and to present relevant evidence. If the inmate refuses to attend the hearing or disrupts the hearing, the hearing may be conducted without the inmate being present. The hearing officer or committee may hear the testimony of a witness outside the presence of the accused inmate if there is a significant risk of bodily harm to the witness in testifying in front of the accused inmate. The reason for the accused inmate’s absence shall be documented.

DOC 350.24(3)(d)3. 3. The inmate has the right to present any relevant witness whose testimony is not cumulative of other evidence unless the safety of any other witness or the security of the jail would be threatened if that witness testified. The reasons for the absence of the witness shall be documented.

DOC 350.24(3)(d)4. 4. If the inmate is illiterate or the issues are complex, the inmate has the right to a staff advocate or adequate substitute aide to assist him or her in understanding the charges and preparing a defense.

DOC 350.24(3)(d)5. 5. The hearing officer or committee may consider the inmate’s mental illness, developmental disability, or other emotional or mental disability as a mitigating factor in imposing the discipline.

DOC 350.24(3)(d)6. 6. The hearing officer or committee shall issue a written decision that shall state the discipline to be administered. The inmate shall receive a written copy of the decision.

DOC 350.24(3)(d)7. 7. The inmate shall be notified of his or her right to appeal the hearing officer or committee’s decision and of the jail’s procedure for making an appeal.

DOC 350.24(3)(d)8. 8. Information on the incident, the discipline administered, and the hearing officer or committee’s decision shall be made part of the inmate’s file. Upon appeal, if the hearing officer or committee or the reviewer under par. (d) 6. finds that no violation occurred, the due process records shall reflect those findings.

DOC 350.24(3)(e) (e) An inmate may waive the right to a due process hearing under par. (d) in writing at any time. If the inmate waives the right to a due process hearing, the violation shall be disposed of in accordance with the procedures for minor violations under sub. (2), except that a major discipline may be imposed if the relevant staff member finds a violation occurred. A waiver does not constitute an admission of the alleged violation.

DOC 350.24(4) (4) Classification. An inmate may be evaluated for custody classification following the imposition of discipline.

DOC 350.24 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.25 DOC 350.25 Administrative confinement. In this section, “administrative confinement” means a nonpunitive, segregated confinement of an inmate in his or her cell or other designated area to ensure personal safety and security within the jail. The jail shall have policies and procedures outlining the administrative confinement process, including the following components:

DOC 350.25(1) (1) An inmate may be placed in administrative confinement if the inmate’s continued presence in the general population meets one of the following:

DOC 350.25(1)(a) (a) Presents a substantial risk of physical harm to the inmate, another person, or property.

DOC 350.25(1)(b) (b) Threatens the security and order of the jail.

DOC 350.25(1)(c) (c) Inhibits a pending disciplinary investigation.

DOC 350.25(2) (2) A jail staff member shall inform his or her supervisor of any incident that may require administrative confinement of an inmate, and the supervisor shall determine whether to place the inmate in administrative confinement. In the absence of his or her supervisor, a jail staff member may place an inmate in administrative confinement. The staff member’s supervisor shall review that placement decision within 24 hours. This review shall include evaluation of the inmate’s classification.

DOC 350.25(3) (3) An inmate’s progress in administrative confinement shall be reviewed by a supervisor at least once every seven days. The supervisor shall determine when the inmate no longer presents a threat to the safety, security, and order of the jail and may be released to the general population. Each review shall be documented.

DOC 350.25(4) (4) The reason an inmate is placed in administrative confinement and the length of time the inmate remains in administrative confinement shall be documented in the inmate’s file.

DOC 350.25 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.26 DOC 350.26 Grievance process. The jail shall have policies and procedures relating to an inmate grievance process and ensure it is available to all inmates and includes at least one level of appeal.

DOC 350.26 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.27 DOC 350.27 Legal access. The jail shall have policies and procedures to address inmates’ access to the courts, their attorneys, and legal materials.

DOC 350.27 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.28 DOC 350.28 Indigence. The jail shall have policies and procedures to address indigence, including all of the following components:

DOC 350.28(1) (1) The jail shall establish definitions and procedures to define indigence.

DOC 350.28(2) (2) Inmates’ access to health care, programming, and essential services is not precluded by inability to pay.

DOC 350.28 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.29 DOC 350.29 Mail. The jail shall have policies and procedures relating to written contact between inmates and their families, friends, attorneys, the court system, governmental officials, and others, including the following components:

DOC 350.29(1) (1) Provision for staff inspection and reading of nonprivileged incoming and outgoing mail.

DOC 350.29(2) (2) Provision for the limited inspection of incoming and outgoing privileged mail.

DOC 350.29(3) (3) Delivery of all nonprivileged and approved privileged incoming mail.

DOC 350.29(4) (4) Inventory and disposition of contraband items found in mail.

DOC 350.29(5) (5) Provision of postage to indigent inmates.

DOC 350.29(6) (6) Provision for notifying inmates when incoming or outgoing mail is withheld.

DOC 350.29 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

DOC 350.30 DOC 350.30 Visitation. The jail shall have policies and procedures relating to visitation, including the following components:

DOC 350.30(1) (1) Establishment of visitation schedule for family, friends, attorneys, and others. Attorney visits shall be allowed during reasonable hours, as long as security and daily routine are not unduly interrupted.

DOC 350.30(2) (2) Establishment of procedures for requesting visitation during nonscheduled times.

DOC 350.30(3) (3) Documentation of all visits through a visitor log or register.

DOC 350.30(4) (4) Establishment of a search policy of visitors and their possessions.