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 350.09Policy 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 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.10 DOC 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.
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 350.11Food 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 350.12Sanitation 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.
DOC 350.12 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.13 DOC 350.13Inmate health screening. The jail shall have policies and procedures for inmate health screening, including the following components:
DOC 350.13(1) (1) Use of a health screening form that is developed in conjunction with health care professionals and is used at booking with each inmate to record information about medical, mental health, and dental conditions, physical and developmental disabilities, alcohol or other drug abuse problems, and suicide risk.
DOC 350.13(2) (2) Referrals to medical, mental health, or supervisory staff in a timely manner in response to identified concerns. If urgent concerns are identified, the referral shall be immediate.
DOC 350.13(3) (3) Review of the health screening form by health care or other designated staff within 72 hours if non-urgent concerns are identified.
DOC 350.13(4) (4) Documentation of health screening results and subsequent review of the health screening form in an inmate's confidential medical file.
DOC 350.13(5) (5) A health appraisal that is to be completed within 14 days after arrival at the facility unless a health appraisal has been completed by health care staff within the previous 90 days. The health appraisal shall be completed by health care staff in accordance with protocols established by the responsible physician.
DOC 350.13 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.14 DOC 350.14Inmate health care. There shall be sufficient equipment, material, space, and supplies for the performance of health care services in a confidential manner. The jail shall have policies and procedures for inmate health care, including the following components:
DOC 350.14(1) (1) The sheriff shall provide or secure necessary medical and mental health treatment and emergency dental care for inmates in custody.
DOC 350.14(2) (2) Nursing care shall be provided in accordance with the standards of practice established by the board of nursing, ch. N 6.
DOC 350.14(3) (3) Health care staff shall be in compliance with state and federal licensure certification and registration. Verification of compliance shall be maintained at the facility.
DOC 350.14(4) (4) Medical records shall be kept separate from other records and shall be maintained in a confidential manner in accordance with ss. 146.81 to 146.83, Stats., and any other applicable state or federal laws.
DOC 350.14(5) (5) If an inmate dies or becomes acutely ill while in custody, the next of kin shall be notified as soon as possible.
DOC 350.14(6) (6) Officers shall receive documented annual training on health care policies and procedures, medications, and health screening at the time of admission.
DOC 350.14 History History: CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.
DOC 350.15 DOC 350.15Health care policy. The jail shall have policies and procedures for inmate health care, including the following components:
DOC 350.15(1) (1) Documentation of health referrals made or health care provided.
DOC 350.15(2) (2) Maintenance of documents in an inmate's confidential file.
DOC 350.15(3) (3) Names, addresses, and telephone numbers of health care providers or agencies who have agreed to provide emergency and routine health care services for inmates.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.