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.
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.
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.
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 350.09 Policy and procedure manual. DOC 350.09(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:
Statement of the procedure for notification to inmates of policies.
The sheriff shall submit the initial policy and procedure manual to the department for approval, using the following procedure:
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.
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)
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.
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(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.
(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.
The sheriff shall notify the department's regional detention facilities specialist within 48 hours after any of the following events occur:
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.
An inmate or staff is hospitalized due to an injury caused by assault or use of force.
There is significant damage to the jail affecting the safety or security of the facility.
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 350.11 Food service.
The jail shall have policies and procedures relating to food service, including the following components:
The jail shall provide nutritious and quality food for all inmates.
An annual menu review by a qualified nutritionist or dietician shall be completed and maintained in the facility files.
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.
Internal monthly inspection of the food service area is completed and documented.
The kitchen area and all equipment are maintained in a sanitary condition. Routine inspections are completed and documented.
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.
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.
Special diets are provided as prescribed by a qualified health care professional.
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)
Inmates assigned to the kitchen who prepare or serve food shall bathe or shower daily and be provided a clean uniform.
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.
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.
Inmate workers are provided orientation and training prior to assignment in the kitchen area.
Inmate workers are supervised throughout all aspects of food preparation and service.
Food and drink shall be protected from contamination. Meals are covered during transit to and within the facility.
Kitchen food storage and dishwashing equipment temperatures are routinely monitored and documented.
Garbage containers are covered, emptied daily, and kept clean.
Cleaning agents are stored separately from food service items.
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 350.12 Sanitation and hygiene.
The jail shall have policies and procedures relating to sanitation and hygiene, including the following components:
Facilities are required to be clean and in good repair.
Blankets shall be laundered monthly and before reissue.
Sheets, pillowcases, and mattress covers shall be changed and washed at least weekly and before reissue.
Clean towels shall be issued to each inmate twice a week.
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.
Suppliers of mattresses and pillows shall provide evidence to the sheriff that the products are fire retardant, waterproof, and easy to clean.
Mattresses shall be of proper size to fit the bed.
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.
Laundry schedule shall be established to meet daily needs. All issued and allowed clothing items are laundered twice weekly.
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.
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.
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.
Safety and sanitation inspections of the jail are completed and documented at a minimum of once monthly.
Common use grooming tools are disinfected and cleaned before reissue and are stored in a secure area.
Property storage containers shall be sanitized before reuse.
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 350.13 Inmate health screening.
The jail shall have policies and procedures for inmate health screening, including the following components:
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.
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.
Review of the health screening form by health care or other designated staff within 72 hours if non-urgent concerns are identified.
Documentation of health screening results and subsequent review of the health screening form in an inmate's confidential medical file.
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 350.14 Inmate 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:
The sheriff shall provide or secure necessary medical and mental health treatment and emergency dental care for inmates in custody.
Nursing care shall be provided in accordance with the standards of practice established by the board of nursing, ch. N 6
Health care staff shall be in compliance with state and federal licensure certification and registration. Verification of compliance shall be maintained at the facility.
Medical records shall be kept separate from other records and shall be maintained in a confidential manner in accordance with ss. 146.81
, Stats., and any other applicable state or federal laws.
If an inmate dies or becomes acutely ill while in custody, the next of kin shall be notified as soon as possible.
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 350.15 Health care policy.
The jail shall have policies and procedures for inmate health care, including the following components:
Documentation of health referrals made or health care provided.
Maintenance of documents in an inmate's confidential file.
Names, addresses, and telephone numbers of health care providers or agencies who have agreed to provide emergency and routine health care services for inmates.