Wisconsin Legislature: Chapter DOC 349

Ch. DOC 349 NoteNote: Chapter HSS 349 was renumbered Chapter DOC 349 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412.

DOC 349.01DOC 349.01 Purpose and authority.

DOC 349.01(1)(1) The purpose of this chapter is to establish minimum standards for the design, construction and security of municipal lockup facilities, for maintaining sanitary and safe conditions in lockups and for the development of written program standards for municipal lockup facilities relating to holding inmates and juveniles who are alleged to have committed a delinquent act.

DOC 349.01(2)(2) The purpose of this chapter as it applies to juveniles is to protect the health, safety and welfare of juveniles held in municipal lockup facilities, and to ensure compliance with 42 USC 5601 to 5761 and 28 CFR Part 31.

DOC 349.01(3)(3) This chapter is promulgated under the authority of ss. 227.11 (2) (a), 301.03 (5), 301.36, 301.37, 302.365, and 938.209 (2m), Stats.

DOC 349.01 HistoryHistory: Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, December, 1992, No. 444, eff. 1-1-93; emerg. renum. (intro.) to be (1), cr., (2) and (3), eff. 12-10-98; renum. intro. to be (1), cr. (2) and (3), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.02DOC 349.02 Applicability. This chapter applies to all lockup facilities operated by municipalities under ss. 302.30, 61.24, and 62.09 (13), Stats.

DOC 349.02 HistoryHistory: Cr. Register, January, 1990, No. 409, eff. 2-1-90.

DOC 349.03DOC 349.03 Definitions. In this chapter:

DOC 349.03(1)(1) “Administer” has the meaning given in s. 450.01 (1), Stats.

DOC 349.03(1m)(1m) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

DOC 349.03(2)(2) “Cell” means a secure room designed and used as a sleeping room for one person confined in a lockup facility.

DOC 349.03(3)(3) “Confinement” means placement in a cell or holding room of a person who has been arrested and is awaiting an initial appearance in court or to post bond.

DOC 349.03(4)(4) “Contraband” means any item not allowed in a lockup by the lockup administrator.

DOC 349.03(4m)(4m) “Delinquent act” means an act which is committed by a juvenile who is 10 years of age or older and which is a violation of any state or federal criminal law, except as provided in ss. 938.17, 938.18, and 938.183, Stats., or which constitutes a contempt of court, as defined in s. 785.01 (1), Stats., as specified in s. 938.355 (6g), Stats.

DOC 349.03(5)(5) “Deliver” or “delivery” has the meaning given in s. 450.01 (5), Stats.

DOC 349.03(6)(6) “Department” means the Wisconsin department of corrections.

DOC 349.03(7)(7) “Detention strength” means strong enough to resist damage an inmate could inflict with tools or equipment that would normally be in his or her possession.

DOC 349.03(8)(8) “Division” means the division of probation and parole.

DOC 349.03(9)(9) “Health screening form” means the form or forms developed by a lockup facility to obtain at admission information relating to each inmate’s medical and dental condition, medical illnesses or disabilities, mental illnesses, developmental disabilities, alcohol or other drug abuse problems and suicide risk.

DOC 349.03(10)(10) “Holding room” means a secure room in the lockup designed for holding, after arrest, one or more inmates of the same sex and security classification and segregated according to the requirements specified in s. 302.36, Stats., for purposes of processing admissions and releases.

DOC 349.03(10m)(10m) “Juvenile” means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “juvenile” does not include a person who has attained 17 years of age.

DOC 349.03(11)(11) “Lockup administrator” means the person in charge of lockup operations or a designee.

DOC 349.03(12)(12) “Lockup facility” or “lockup” means a temporary place of detention within a police station which is used exclusively for confinement of persons under arrest before those persons are brought before a court or post bond.

DOC 349.03(13)(13) “Privileged mail” means any written materials between an inmate and an attorney, court, government or facility official.

DOC 349.03(14)(14) “Secretary” means the secretary of the department.

DOC 349.03(14m)(14m) “Secure custody status” means the status of a juvenile in a lockup facility, which begins when the juvenile is placed in a cell, holding room, or other locked or secure room within the lockup and which ends when the juvenile is released from custody or is removed from the secure portion of a police station.

DOC 349.03(15)(15) “Secure detention area of the lockup” means the area within the secure outer boundaries of a lockup.

DOC 349.03(16)(16) “Security classification” means a grouping of inmates based on the level of supervision required, the nature of the offense or offenses for which the inmates were arrested and any other criteria set by the lockup administrator.

DOC 349.03(17)(17) “Special needs inmate” means an inmate who is identified or suspected of having a medical illness or disability, mental illness, a developmental disability or alcohol or other drug abuse problem or who is a suicide risk.

DOC 349.03 HistoryHistory: Cr. Register, January, 1990, No. 409, eff. 2-1-90; renum. (1) to (11) to be (2) to (4), (6) to (8), (10) to (12), (15) and (16) and am. (8), cr. (1), (5), (9), (13), (14) and (17), Register, December, 1992, No. 444, eff. 1-1-93; emerg. cr. (1m), (4m) and (10m), eff. 12-10-98; cr. (1m), (4m) and (10m), (14m), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.04DOC 349.04 Prohibited uses. Pursuant to s. 302.30, Stats., a lockup may not be used to hold persons pending trial who have appeared in court or persons who have been committed to imprisonment for nonpayment of fines or forfeitures.

DOC 349.04 HistoryHistory: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. renum. (1) and (2), eff. 12-10-98; renum. (1) to be intro., and renum. (2) to be DOC 349.21 (1), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.05DOC 349.05 Construction plans.