DOC 350.07 HistoryHistory: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.08DOC 350.08Variance.
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 HistoryHistory: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.09DOC 350.09Policy 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 HistoryHistory: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.10DOC 350.10Records 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.