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.
The WI Department of Commerce rules address with specificity fire detection standards.
There are differences between the standards in the following areas: staffing (WI ratio is 1:15, the MI ratio is 1:8; WI establishes dimensions and standards for single, double occupancy cells and dormitories (3 juveniles or more), MI has established dimensions and standards for single occupancy and multi-occupancy (WI provides for single cells to be a minimum of 54 sq. ft., double cells minimum of 70 sq. ft., and dormitories minimum of 70 sq. ft. combined day room and sleeping space; MI 70 sq. ft. single cell; 45 square feet in multi-resident sleeping rooms); grievance procedure; use of cell confinement for discipline purposes (WI up to 6 hours before administrator approval, MI up to 72 hours before supervisory approval); restraints (WI requires facilities to establish policies and procedures, MI has provided specific standards); inspection and approval required before occupancy.
Minnesota:
The Minnesota Department of Corrections establishes minimum standards and inspects county juvenile detention facilities. The standards are found at Minnesota Rules, Chapter 2960.
The WI DOC and MN Department of Corrections have similar minimum standards for juvenile detention facilities, including admission criteria, property, intake screening, rules, discipline and due process, religious services, exercise and recreation, education, health and hygiene, food service, clothing, bedding, laundry, visitation, mail, staff training, staffing plan, staffing plan, and a classification plan.
There are differences between the Wisconsin and Minnesota standards: Minnesota requires a staffing ratio of one staff member to 12 juveniles when the juveniles are awake and one staff member to 25 juveniles when the juveniles are asleep. (Wisconsin requires a staffing ratio of 1 staff to 15 juveniles. Wisconsin does not differentiate between juveniles who are awake or asleep.) Minnesota requires that facilities with more than 24 juveniles have a full time program director.
Minnesota has established several different types of secure facilities: 24 temporary hold over facility, 8 day temporary hold over facility, and a secure detention facility. (Wisconsin only has secure detention facilities.) Depending on the facility, some of the requirements and standards differ. For example, staff training for a MN 8 day facility is 24 hours annually, but for a secure detention facility the training is 40 hours. (Wisconsin requires 24 hours of training for facility staff. Under the proposed rule, Wisconsin will specify 8 hours of the 24 hours required training shall address the care and custody of juveniles, suicide prevention, mental health, crisis intervention, medication, and use of restraints and control devices.)
Summary of factual data and analytical methodologies
This rule does not affect small businesses. The rule establishes minimum standards for county secure detention facilities.
Analysis and supporting documentation used to determine effect on small businesses
No economic impact report was required.
Small Business Impact
There is no expected effect on small businesses under s.
227.114, Stats.
Fiscal Estimate
Summary
Although the Department anticipates it will have some additional workload related to policy and procedure development, any additional costs that would be generated should be able to be absorbed within the Department's budget.
Some counties may need to re-write their policies and procedures. Costs to individual counties cannot be determined at this time, but it is estimated that they will be minimal.
State fiscal effect
Increase in costs that may be possible to absorb within the agency's budget.
Local government fiscal effect
Increase in costs.
Types of local governmental units affected
Counties.
Long-range fiscal implications
Indeterminable.
Agency Contact Person
Kathryn R. Anderson, Chief Legal Counsel
Department of Corrections
3099 East Washington Avenue
P.O. Box 7925
Madison, WI 53707-7925
Phone: (608) 240-5049
FAX: (608) 240-3306
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in s.
227.18, Stats., the Office of the Commissioner of Insurance (OCI) will hold a public hearing to consider the adoption of rules creating section
Ins 6.90, Wis. Adm. Code, relating to the use of designations or certifications purporting to demonstrate special expertise in the financial or retirement needs of seniors.
Hearing Information
Date: July 6, 2009
Time: 10:00 a.m., or as soon thereafter as the
matter may be reached
Place: OCI, Room 227, 2nd Floor
125 South Webster St.
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Holly L. Strop
Legal Unit - OCI Rule Comment for Rule Ins 690
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Holly L. Strop
Legal Unit - OCI Rule Comment for Rule Ins 690
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Holly L. Strop
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule and Contact Person
A copy of the full text of the proposed rule changes, analysis, and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting:
Inger Williams
OCI Services Section
Phone: (608) 264-8110
Address: 125 South Webster St. – 2nd Floor
Madison WI 53703-3474
