NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., the Department of Corrections will hold public hearings to consider repealing and recreating Chapter
DOC 346, relating to secure detention facilities and juvenile portions of a county jail.
Hearing Information
Date and Time Location
June 26, 2009 Conference Room 5 (3rd Floor)
9:30 a.m. Portage County Annex
1462 Strongs Avenue
Stevens Point, Wisconsin 54481
June 26, 2009 Conference Room 1M-B (1st Floor)
2:00 p.m. Department of Corrections
3099 East Washington Avenue
Madison, Wisconsin 53704
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email: kathryn.anderson@ wisconsin.gov, telephone (608) 240-5049 by June 19, 2009.
Appearances at the Hearings and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by Friday, July 10, 2009. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email
kathryn.anderson@wisconsin.gov.
Copies of Proposed Rule
The proposed rule and an analysis of the proposed rule are available on the Internet at the Department of Corrections Web site at
www.wi-doc.com . Paper copies may be obtained without cost from Kathryn R. Anderson, at the Department of Corrections, P.O. Box 7925, Madison, WI 53707-7925, or by email at
kathryn.anderson@wisconsin.gov, or by telephone (608) 240-5049. Copies will also be available at the public hearing.
Analysis Prepared by Department of Corrections
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Corrections is responsible for establishing standards for and inspecting juvenile detention facilities and juvenile portions of a county jail.
Related statute or rule
Plain language analysis
The rule:
1.
Reorganizes and renumbers the existing chapter DOC 346.
2. Updates citations to include references to chapter 938, Wis. Stats.
3.
Updates citation to the federal Juvenile Justice and Delinquency Prevention Act,
42 USC 5601 to
5761, and its regulations, 28 CRF Part 31, to indicate Wisconsin's compliance with the current version of the act and regulations.
4. Creates definitions for the following terms: construction plans, facility program and officer.
5. Amends definitions for the following terms: family, juvenile, multi-purpose space, and undergarments.
6. Amends the requirements for the operational plan to include policies and procedures concerning disciplinary hearings, release, and searches.
7. Creates a requirement that the facility shall maintain a record of the proceedings for the annual meeting.
8. Amends the information which the facility is required to maintain on an admitted juvenile to include date and time of admission, authority for admission, and date and time of release.
9. Amends the timeframe for reporting to the department major occurrences from 48 to 24 hours.
10. Amends the reporting requirement for suicide attempts to those situations where the juvenile is admitted to a hospital or if the juvenile is treated for a life-threatening injury.
11. Clarifies that juveniles may only be admitted to secure detention based on enumerated statutory provisions.
12. Eliminates the reference to the intake worker as a step in the admission process for a secure detention facility.
13. Prohibits the holding of a person who is 18 years of age or older in a secure detention facility or a juvenile portion of a county jail.
14.
Deleted requirement to report to the department violations of s.
938.067, Wis. Stats., powers and duties of intake workers.
15. Creates a requirement that facilities develop policies and procedures addressing the release of juveniles from the facility.
16. Clarifies the procedure for the submission and approval of construction plans.
17. Limits the use of receiving cells not to exceed 72 continuous hours.
18. Limits the use of holding rooms not to exceed 24 continuous hours.
19. Requires facilities which are newly built or substantially remodeled after the effective date of the rule to install anti-rollout plates on all upper bunks.
20. Creates a requirement for storage space and visiting space but does not impose any dimensional requirements.
21. Creates a requirement for classroom space which complies with local or state requirements. This requirement only applies to facilities that are newly constructed or substantially remodeled after the effective date of the rule.
22.
Creates a requirement that if medical or dental services are provided in the facility, there shall be sufficient space, equipment, supplies and materials for the performance of the services in a confidential and private manner.
23. Creates a minimum dimensional requirement for outdoor recreation space if a facility provides for outdoor recreation.
24. Reduces the frequency of fire inspections from semi-annually to annually.
25. Requires specific training on the subjects of suicide prevention, mental health, crisis intervention, medication, use of restraints and control devised, and communication skills.
26. Requires that 8 hours of the current annual 24-hour recertification training address suicide prevention, mental health, crisis intervention, and medications.
27. Requires that the second staff person on duty must be an officer, not an administrative or clerical person.
28. Requires that a facility include a policy and procedure on the issue of delivery of medications.
29. Permits a facility to create a policy for the supervised self-administration of insulin injections.
30. Requires TB testing for juveniles who are held beyond one week if prescribed by a medical professional.
31. Permits a juvenile to abstain from eating foods which violate the juvenile's religion and requires the facility to substitute from other available food from the menu served at the meal as long as the substitution is nutritious and meets generally accepted nutritional standards.
32. Prohibits audio monitoring of professional visits.
33. Clarified language regarding the observation of juveniles.
34. Creates requirement for facilities to develop policies and procedures relating to searches (juveniles, staff, and property).
35. Amends the list of restraints and control devices to include restraint chairs.
36. Creates a subchapter which addresses the use of juvenile portions of a county jail.
37. Clarifies that juveniles may only be admitted to a juvenile portion of a county jail for limited periods of time.
Comparison with federal regulations
Wisconsin opted to come into compliance with the federal Juvenile Justice and Delinquency Act (JJDPA),
42 USC 5601, et seq., and the implementing regulations (
28 CFR Part 31), thereby making certain funds under the Act available to Wisconsin counties. In 1990 the federal Office of Juvenile Justice and Delinquency Prevention approved Wisconsin's Revised Jail Removal Plan. This plan permitted an exception to the JJDPA provision prohibiting co-location of juveniles in adult jails. In order to come into compliance with the JJDPA and the Wisconsin Jail Removal Plan, the Department of Corrections revised chapter DOC 346, Wis. Adm. Code, which governs juvenile detention facilities, in 1992 and 1994. The level of compliance with the JJDPA may affect the level of funding available to Wisconsin.
In general the JJDPA and its regulations generally prohibit sight and sound contact between juveniles and adults. A facility may achieve sight and sound separation through architectural or procedural means. Sight or sound contact is permitted if it is both brief and inadvertent or accidental. Contacts must be reported as violations of the JJDPA. The JJDPA permits the transfer or placement of adjudicated delinquents in adult facilities once the juvenile has attained the age of full criminal responsibility under State law (17 years of age for Wisconsin). (
42 USC 5633 (a) (11), (12), and (13))
The JJPDA also regulates co-located facilities, that is, adult and juvenile facilities which are in the same building complex. The JJDPA requires sight and sound separation of juveniles and adults through architectural or procedural means. (
42 USC 5633 (a) (11), (12), and (13))
The JJDPA also limits the amount of time that a juvenile may be held in an adult jail or lockup. (
42 USC 5633 (a) (11), (12), and (13))
Comparison of rules in adjacent states
Illinois:
The Illinois Department of Corrections oversees county juvenile detention facilities. The standards are found in Title 20: Corrections, Criminal Justice, and Law Enforcement; Chapter
1: Department of Corrections; Subchapter f: County Standards; Part 702, County Juvenile Detention Standards.
The WI DOC and the IL DOC have similar minimum standards for juvenile detention facilities, including staff training, reporting requirements, strip searches, admission and release procedures, clothing, personal hygiene and grooming, food service, sanitation, classification, fire safety, discipline, mail, telephone, visiting, programs (recreations, religion, etc.), and design and construction of new or substantially remodeled facilities.
Like Wisconsin, Illinois requires that a superintendent be appointed to oversee the facility. However, Illinois also requires that an assistant superintendent be appointed in facilities with a rated capacity of 25 or more. Illinois also requires that there be 3 persons on duty per shift, Wisconsin requires only two.
Illinois requires an initial orientation conducted by a caseworker or supervisor which is not required by Wisconsin. Illinois prohibits newly admitted juveniles from being placed in isolation pending a routine medical examination by a health care professional or as a cooling off period.
Illinois requires 70 square foot for single cells, while Wisconsin requires 54 square feet. For multiple occupation cells or rooms Illinois maintains the 70 square foot requirement, regardless of the number of occupants. Illinois requires 30 square feet per juvenile living space per cluster of cells. Wisconsin requires 35 square feet per juvenile based the rated capacity of the adjacent cells.
Illinois requires that all juveniles who are held for more than 7 days be given a medical screening by a health care professional. This appears to be in addition to the intake screening.
Illinois requires outdoor recreations space of 200 square feet per occupant with a minimum size of 3,000 square feet.
Illinois has established minimum standards. In addition, in the rules, Illinois provides further recommendations with regard to specific areas. The Illinois requirements may be waived for existing facilities.
Iowa:
The Iowa Department of Corrections does not oversee county juvenile detention facilities or establish standards. The Iowa Department of Human Services performs those functions. The standards are found in IAC Human Services Title XII (Licensing and Approved Standards) Chapter
105 (County and Multi-county Juvenile Detention Homes and County and Multi-county Juvenile Shelter Care Homes).
The WI DOC and IA Department of Human Services have similar minimum standards for juvenile detention facilities, including written policy and procedure manual, intake procedures, educational and other daily programming, recreation, health care, restraints, cell confinement, juvenile facility handbook, and clothing.
Iowa provides that adequate storage be provided for each juvenile in their sleeping room. (Wisconsin provides for storage of juvenile personal property but does not require that the storage be in the cell.) Iowa provides a minimum of 60 square feet/child for multiple occupancy and 80 square feet/child for single occupancy rooms. (Wisconsin provides 70 square feet for double cells, 54 square feet for single cells and 70 square feet of combined sleeping and day room square feet per juvenile for dormitories.) In addition, Iowa provides for single and double cells but does not provide for dormitories.
Iowa provides more detail regarding employment standards and records and the maintenance of those records. Iowa requires that there be a minimum of two staff members for six of more juveniles. (Wisconsin requires two staff members are on duty at all times and the ratio is a minimum of one staff member to 15 juveniles.) Iowa requires visual observation of juveniles every half hour. (Wisconsin has a similar requirement. However, Wisconsin also requires an every 15 minute check for juveniles in higher security level.)
Iowa does not address some issues which the Wisconsin standards do, specifically suicide prevention, mental health care, mail, telephone, access to religion, searches, classification plan and visitation.
Iowa addresses some issues which the Wisconsin standards do not, specifically, child abuse or mistreatment. Iowa also has a broader, more specific provision addressing documentation of the juvenile case file.
Michigan:
The Michigan Department of Corrections does not oversee county juvenile detention facilities or establish standards for those facilities. The MI Department of Consumer and Industry Services, Division of Child Welfare Licensing performs those functions. The standards are found in MI Rule 400.10101, et seq.
The WI DOC and MI Department of Consumer and Industry Services have similar minimum standards for juvenile detention facilities, including reporting hospitalization and injury or death of a juvenile, clothing, personal hygiene, nutrition, discipline, cell confinement, bedding and linen, construction, variances, training, mail (regular and privileged), visitation, religious programming, resident records and admission information, construction plans review and approval.
