70.
Under s.
DOC 350.17 Suicide prevention — Adds requirements to obtain documented information from the arresting or transporting agency to assess an inmate's potential for suicide or self-harm and screening of inmates that includes interview items and staff observation related to potential suicide risk.
71. Creates the requirement for the provision of immediate notification to designated supervisory staff if an inmate is identified as a suicide risk.
72. Clarifies the requirement for “identification of housing areas for inmates who are suicide risks." New language states “Designation of housing areas and security precautions for inmates who are placed on suicide watch." Changes all wording of “suicide risk" to “suicide watch."
73. Clarifies language regarding supervision of inmates on suicide watch to include a description of monitoring procedures.
74. Clarifies language regarding persons who may asses an inmate's level of suicide risk to reflect that they must be trained and identified.
75. Creates the requirement for provision to notify qualified mental health professionals of potentially suicidal inmates within 12 hours of placement on suicide watch and provision for an assessment by a qualified mental health professional to be completed as soon as practicable.
76. Creates the requirement to identify qualified mental health professionals who are authorized to remove an inmate from a suicide watch status after an on-site face-to-face assessment.
77. Clarifies the requirement for communication between health care and jail personnel regarding the status of an inmate who is on suicide watch to include the frequency of the communication.
78. Clarifies the language “intervention of a suicide in progress, including first aid measures" that now reads “intervention protocol during an apparent suicide attempt, including life-sustaining measures."
79. Adds to the requirement of documentation of actions and decisions regarding inmates who are suicide risks which now includes: individual initiating the suicide watch; date and time watch was initiated; reason watch was initiated; name of supervisor contacted; date and time supervisor contacted; name, date and time of referral to mental health professional; and name, date, time and signature of mental health professional removing inmate from a suicide watch.
80. Creates the requirement for implementation of 2 hours of annual documented staff training regarding suicide prevention and identification of risk factors.
81. Creates the requirement for provision of access to debriefing and support services.
82. Creates the requirement for provision of an implementation of an operational review following a suicide or significant suicide attempt.
83.
Section
DOC 350.18 Security — Adds the requirement for a jail to have policies and procedures relating to jail security.
84. Creates timeframes for inmate supervision at frequent and irregular intervals — not to exceed 60 minutes for inmates housed in general population and 15 minutes for inmates housed on suicide watch.
85. Adds that a video monitoring system may be used to supplement but not replace physical observations.
86. Creates the requirement to include a description of procedures for conducting and documenting facility and area searches, inmate pat down, strip, and body cavity searches.
87. Clarifies monthly inspections of locks and doors. Current rule states “the sheriff shall ensure that monthly inspections are made to determine if cell and fire escape locks and doors are in good working order." The updated rule states “Monthly inspections shall be made to determine if all jail doors and locks within and including the secure perimeter of the facility are in good working order."
88. Amends the key control provision to include: “all issued keys are inventoried and accounted for at shift change, all keys must be stored in a secure area and accessible in the event of any emergency, inmates are not permitted to handle or utilize jail keys." Removes the requirement that “there shall be at least 3 complete sets of jail and fire escape keys, one set in use, one set stored in a safe place which is accessible only to jail personnel for use in an emergency, and one set stored in a secure place outside the jail."
89. Creates the requirement for weapons control that includes: “introduction, availability, control, inventory, storage and use of firearms, chemical agents, electronic control devices, or other related security devices and specification of the level of authority required for their access and use."
90. Creates the requirement for tool/sharps control that includes: “introduction, availability, control, inventory, storage and use of tools/sharps within the facility".
91.
Section
DOC 350.19 Fire safety — Adds the requirement that the jail shall have policies and procedures relating to fire safety that also include local fire department recommendations.
92. Adds the requirement that the facility conforms to applicable federal, state, and/or local fire safety codes.
93. Creates the requirement that documented fire safety training shall be practiced or simulated by all jail staff at least once every 12 months and be documented.
94. Amends requirement for facility inspection by the local fire department “at least once every 6 months" to “at least once every 12 months, and a record thereof shall be maintained."
95. Creates the requirement to complete and document monthly inspections of the facility to ensure compliance with safety and fire prevention standards.
96. Creates the requirement that, after the date of the new rule, sprinkler heads accessible to inmates not under direct supervision must be tamper and suicide resistant.
97.
Section
DOC 350.20 Double celling — Adds the requirement that the jail shall have policies and procedures for double celling.
98. Clarifies language regarding single occupancy cell requirements in a jail. New rule states “for male and female housing areas, at least one cell or 15% of the jail's total number of cells, whichever is greater, shall be maintained for single occupancy". Current rule's language is wordy and confusing.
99.
Removes requirements listed for physical observation under double celling. Physical observation provision is now found under s.
DOC 350.18 Security.
100. Removes references to requirements for dayrooms under s.
DOC 350.20. These provisions are now found under the Physical environment sections.
101. Section
DOC 350.21 Inmate classification is a new section — Creates a requirement for the sheriff to establish and maintain an objective prisoner classification to determine prisoner custody status, housing assignment and develop eligibility criteria for prisoner participation in available work assignments, programs and community service projects s.
302.36, Stats.
102. Creates a requirement for the jail to have policies and procedures relating to inmate classification, including the following components: description of the objective prisoner classification system, including the identification and training of staff authorized to classify prisoners, initial classification and reclassification procedures and prisoner appeal process; eligibility criteria for prisoner participation in available work assignments, program, and community service projects; and review of prisoner classification decisions.
103. Section
DOC 350.22 — Adds the requirement for the jail to have policies and procedures for the use of force.
104. Adds to the requirement that staff members who use force to control an inmate submit a written report that the report must be “submitted by the end of the shift unless otherwise authorized by the sheriff or designee."
105. Section
DOC 350.23 Use of restraints is a new section — Creates the requirement for jail to have policies and procedures for the use of restraints that include the following components: restraint devices are never used as punishment and are not applied longer than necessary, and, when an inmate is mechanically restrained for non-routine purposes, a written report must be completed by the end of the shift unless otherwise authorized by the sheriff or designee. Documentation shall include the reason for and duration of use and corresponding wellness checks.
106. Section
DOC 350.24 Discipline — Adds the requirement for the jail to have policies and procedures outlining inmate discipline and due process.
107. Amends the language found in current code by replacing the terms “penalty" or “penalties" with the terms “discipline" or “disciplines" and replaces the term “punitive" with “disciplinary."
108. Removes listing of required elements to be included in staff member report on an inmate committing a major violation.
109. Adds the timeframe requirement for a due process hearing to be held within seven calendar days.
110. Adds that “The hearing officer or committee may consider the inmate's mental illness, developmental disability or other emotional or mental disability as a mitigating factor in imposing discipline."
111. Section
DOC 350.25 Administrative confinement — Adds the requirement for the jail to have policies and procedures outlining the administrative confinement process.
112. Changes the timeframe for review of an inmate's progress in administrative confinement from “periodically" to “at least once every seven days."
113. Section
DOC 350.26 Grievance process is a new section — Creates the requirement for the jail to have policies and procedures relating to an inmate grievance process.
114. Section
DOC 350.27 Legal access is a new section — Creates the requirements for a jail to have policies and procedures that address inmates' access to the courts, their attorneys and legal materials.
115. Section
DOC 350.28 Indigence is a new section — Creates the requirement for a jail to have policies and procedures to address indigence.
116. Section
DOC 350.29 Mail — Adds the requirement for provision for notifying inmates when outgoing or incoming mail is withheld.
117. Section
DOC 350.30 Visitation — Adds the requirement that attorney visits shall be allowed during reasonable hours, as long as security and daily routine are not unduly interrupted.
118. Creates the requirement for a jail to have policies and procedures related to search of inmates before and after each visit.
119. Section
DOC 350.31 Programs and services is a new section — Creates the requirement for the jail to have policies and procedures relating to the provision of inmate programs and services.
120. Section
DOC 350.32 Religious programming — Creates the requirement that inmates shall have the opportunity to participate in practices of their religious faith consistent with existing state and federal statutes.
121. Adds the requirement to include provision for conducting criminal background checks on members of a religious organization and clergy and provision of orientation and training on facility operations.
122. Section
DOC 350.33 Recreation — Adds the requirement that, when and where available, at least one hour of daily exercise and recreation is outside the cell or outdoors.
123. Section
DOC 350.34 Publications — Changed the title of this section from “Reading Materials" to “Publications."
124. Section
DOC 350.35 Canteen — Adds the requirement that canteen shall be made available to eligible inmates and that access to canteen may be restricted by the facility based upon inmate classification or status.
Summary of and comparison with existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule
There are no federal regulations which address the development, implementation, or monitoring of jail standards by the State of Wisconsin. However, the US Department of Justice recently issued standards implementing the Prison Rape Elimination Act of 2003 (PREA),
42 U.S.C. 15601, et seq. Those standards regulate a number of areas which are also covered by ch.
DOC 350, for example, housing in jails of minors who are arrested, charged or convicted of crimes as an adult. The federal standards go into effect on August 20, 2013. The department is reviewing the impact of the new federal standards on ch.
DOC 350.
Comparison of similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota)
The department does not note every difference between the department's proposal and an adjacent state's code but only those of interest or significance. In most cases there are no significant differences between the requirements of the adjacent states and those of Wisconsin as proposed.
1. Illinois
Medical/Dental: Wisconsin statutes do not specifically require the provision of dental services to inmates in county jails. Both states include the provision of emergency dental care to inmates in their regulations. (IL: 20 ILAC s.
701.90 (b) 1. A.; WI: DOC 350.15 (5))
Inmate supervision: Illinois defines direct and indirect supervision. (20 ILAC s.
701.130 (a) (1) A & B) Illinois requires personal observation of inmates at least once every 30 minutes. The observation does not include observation by a monitoring device. (20 ILAC s.
701.130 (a) (2)) Wisconsin requires physical observation of each inmate who is in general population every 60 minutes at irregular intervals and each inmate who is on suicide watch every 15 minutes. (S.
DOC 350.18 (1)) In addition, Illinois requires that dormitories housing more than 25 inmates must provide personal continuous observation. (20 ILAC s.
701.130 (a) (3)) Wisconsin has no similar provision. Illinois requires that special needs inmates are observed more frequently than the 30 minute standard. (20 ILAC s.
701.140 (c) (8)) Wisconsin has no similar provision.
Key control and use: Illinois requires full set of jail keys, separate from those in use, stored in a safe place. (20 ILAC s.
701.140 (h) (3)) Wisconsin requires that all keys must be stored in a secure area and accessible in the event of an emergency. (s.
DOC 350.18 (8) (b))
Door and lock inspections: Illinois requires the regular and frequent inspection of locks, doors, bars, etc. (20 ILAC s.
701.140 (c) (1)) Wisconsin requires monthly inspections to determine if all jail doors and locks are in good working order. (s.
DOC 350.18 (7))
Inmate counts: Illinois requires that counts be made and recorded at least three times daily. (20 ILAC s.
701.140 (g)) Wisconsin requires that the jail develop policies and procedures to establish a system by which inmate count occurs and that a count occur at least three times daily with a minimum of one count per shift. (s.
DOC 350.18 (4))
Fire safety: Illinois requires that there be a fire extinguisher installed in the basement and on each floor for each 5,000 square feet of floor area. (20 ILAC s.
701.150 (a) (1)) Wisconsin code does not have a similar provision. However, Wisconsin requires that the jail conforms to applicable federal, state, and local fire safety codes, develops a fire safety policy in accordance with the local fire department recommendations, establishes an evacuation plan, provide annual fire safety training, documents an annual fire inspection by the local fire department and performs monthly safety inspections which are also documented. (s.
DOC 350.19)
Use of restraints/use of force: If restraints are used, staff must prepare a written report and the inmate's situation must be reviewed at least every 24 hours. (20 ILAC s.
701.160 (j) (intro) and
(2)) Wisconsin does not specify a timeframe for reviewing an inmate's situation; however, the proposed code prohibits the use of restraints for longer than necessary. (s.
DOC 350.23 (1))
Inmate discipline: Illinois requires a written report of the infraction be submitted to the jail administrator within 72 hours of the incident and prohibits the commencement of a disciplinary proceeding more than 8 days after the incident occurred or was discovered unless the inmate was unavailable. (20 ILAC s.
701.160 (a) (2)) The proposed Wisconsin code differentiates between major and minor violations and establishes different due process procedures for the two levels of violations. (s.
DOC 350.24) For major violations, a written report must be submitted within 24 hours and the due process hearing held within seven calendar days unless waived. (s.
DOC 350.24 (3) (b) and
(d)) Illinois prohibits the imposition of penalty of more than 30 days of good behavior allowance for any one infraction. (20 ILAC s.
701.160 (a) (4) (F)) Illinois limits the segregation time which can be imposed for a minor violation to 72 hours but does not have a limit for a major violation. Wisconsin does not have a similar provision.
Administrative confinement: Illinois code does not address this issue.
Reporting: Illinois requires each jail to provide monthly population reports. (20 ILAC s.
701.30 (b)) Wisconsin requires a jail to maintain a register of inmates with similar information but not submit the register in report form on a monthly basis. (s.
DOC 350.10 (1))
Admission procedures, orientation, release procedures: Illinois code has separate chapters to address each of these issues. (20 ILAC ch. 701.40, 701.50, 701.60) In addition, Illinois code has separate chapters on a number of additional issues, for example, food service, sanitation, inmate work, mail, telephone, visiting, programming, education, library, religious services, commissary, and recreation and leisure time. ((20 ILAC s.
701.110,
701.120,
701.170,
701.180,
701.190,
701.200,
701.210,
701.220,
701.230,
701.240,
701.250, and
701.260) Wisconsin code does not contain the specific requirements or mandates but does require each jail to develop a policy and procedure manual to address these issues. (For example, s.
DOC 350.11 (food service), 350.12 (sanitation and hygiene), 350.29 (mail), 350.30 (visitation), 350.31 (programs and services), 350.27 (legal access), 350.32 (religious programming), 350.35 (canteen), and 350.33 (recreation) which addresses these types of issues.
2. Iowa
Medical/Dental: Wisconsin statutes do not specifically require the provision of dental services to inmates in county jails. Iowa provides necessary dental care. (IAC 201-50.15 (intro)) Iowa requires that an inmate affected by a chemical control agent must be offered a medical examination and appropriate treatment as soon as reasonable. (IAC 201-50.15 (5)) Wisconsin has no similar requirement. Iowa also provides in its rules that inmates are responsible for the cost of medical services and products. (IAC 201-50.15 (intro)) Section
302.38 (1),
(2) &
(4), Wis. Stats., provides similarly that an inmate may remain responsible for the cost of services and care whether provided in-house or at a hospital or clinic. Iowa also prohibits the provision of cosmetic or elective procedures. (IAC 201-50.15 (intro)) Section
302.38 (1), Wis. Stats., provides that an inmate shall receive appropriate needed medical care and treatment. Chapter
DOC 350 does not address this issue.
Inmate supervision: Iowa requires 24 hour supervision of all inmates. (IAC 201-50.13 (2) a. (1)) Wisconsin statute requires that staff be present in a jail at all times there is a prisoner present in the jail. (s.
302.42, Stats.) Iowa requires that staff is either present in the confinement portion of the jail or able to hear inmates in a life-threatening or emergency situation. If staff is not present, a calling device to summon help will be provided. (IAC 201-50.13 (2) a. (2)) Iowa requires personal observation of individual inmates every hour. It also requires the personal observation of special needs inmates every 30 minutes. (IAC 201-50.13 (2) a. (3)) Both states permit the use of video monitoring but only as a supplement to physical observations, not a replacement. (IAC 201-50.13 (2) a. (3); s.
DOC 350.18 (2))
Key control and use: Iowa requires that the jail administrator identifies the person who may have access to keys. (IAC 201-50.13 (2) d.) Wisconsin does not have a similar provision but requires an inventory of jail keys at every shift change. (s.
DOC 350.18 (8) (a))
Door and lock inspections: Iowa code does not address this issue.
Inmate counts: Iowa code does not address this issue.
Fire safety: Iowa prohibits a jail from being occupied if a fire certificate issued by the state fire marshal or qualified local fire prevention authority has not issued a fire certificate within the last 18 months. (IAC 201-50.9 (2)) Wisconsin requires inspection every 12 months. (s.
DOC 350.19 (5)) Iowa requires that there are fire extinguishers for every 3000 square feet of floor area, that all exits be equipped with emergency lighting, that each floor have at least two separate and distinct exits, that battery-operated fire alarm systems be tested monthly and electronic systems be tested at least annually, and that all hinged doors serving as required exits from an area designed for an occupancy in excess of 50 persons, or as part of a major remodeling project or as part of new construction, swing with exit traffic. (IAC 201-50.19 (5), (6), (7), (8), and (10)) Wisconsin does not have a similar requirements.
Use of restraints/use of force: The Iowa code is similar to the Wisconsin code.
Inmate discipline: Iowa provides that no inmate shall be allowed to have authority or disciplinary control over another inmate. (IAC 201-50.21 (1)) Wisconsin has no similar provision.
Administrative confinement: Iowa code does not address this issue.
Inmate activities: Iowa provides that an inmate who is held more than 7 days and is not involved in a work release program or other activities allowing outside activity shall be permitted exercise time. (IAC 201-50.18 (1)) The proposed code requires that an inmate must be provided one hour of out of cell time or outdoor time (when and where available) but otherwise only requires that the facility have policies and procedures to address the issue. (s.
DOC 350.33)
3. Michigan
Medical/Dental: Michigan identifies specific elements of the health screening tool. (R 791.731) Section
DOC 350.13 requires that the health screening tool be developed in conjunction with health care professional and identifies general areas of information. Michigan specifies the elements of a health appraisal of an inmate. (R 791.732) Section
DOC 350.13 (5) requires a health appraisal which is completed by health care staff in accordance with protocols established by the responsible physician but does not specify the elements to be addressed.
Inmate supervision: Michigan code does not address this issue.
Key control and use: Michigan code does not address this issue.
Door and lock inspections: Michigan code does not address this issue.
Inmate counts: Michigan code does not address this issue.
Fire safety: Michigan requires that all housing areas and places of assembly have 2 exits. (R 791.704) Michigan requires quarterly inspection and testing of equipment. (R 791.709 (b)) Michigan requires that the specifications for facility furnishings include the fire safety performance requirements of the materials selected. (R 791.711) Michigan requires that a jail establish written policies and procedures and practice that govern the control and use of all flammable, toxic and caustic materials. (R 791.713) Michigan requires that the jail's evacuation plan contain specific information which is not required by Wisconsin. (R 791.715) The proposed Wisconsin code does not address these specific issues but requires that the fire safety plan be developed in cooperation with local fire officials.
