Department Of Corrections
to adopt permanent rules
Introductory Clause
The statement of scope for this rule, SS #040-19, was approved by the Governor on April 29, 2019, published in the Wisconsin Administrative Register Number 760B, on May 6, 2019, subject to a preliminary public hearing on June 7, 2019, in Milwaukee and Madison, and approved by Department of Corrections Secretary Kevin Carr on June 24, 2019.
The Wisconsin Department of Corrections proposes an order:
to create ch. DOC 347, relating to secured residential care centers for children and youth. Rule Summary
1. Statutes interpreted:
2. Statutory authority to promulgate the rule:
3. Explanation of agency authority:
Pursuant to ss. 938.22 (2) (a) and 938.48 (16) (b), the Department of Corrections has responsibilities imposed by statute for establishing standards for the approval, design, construction, repair, maintenance, and operation of a Secure Residential Care Center for Children and Youth. The department also has responsibility to establish standards for services, programming, and uniform data reporting requirements for these facilities. 4. Related statute or rule:
Not Applicable.
5. Plain language analysis:
Pursuant to 2017 Wisconsin Act 185, the Department of Corrections is required to promulgate rules for Secured Residential Care Center for Children and Youth operated by a county, Indian tribe, or child welfare agency. This rule establishes standards for the approval, design, construction, repair, maintenance, and operation of a Secure Residential Care Center for Children and Youth. The rule also establishes standards for services, programming, and uniform data reporting requirements for these facilities. It further recognizes the need to protect the health, safety, and welfare of youth placed in these facilities and incorporates the Department of Corrections’ initiatives towards successful reentry of youth into the community. This rule: a. Creates provisions to protect and provide security to youth and staff.
b. Incorporates trauma-informed principles and best youth correctional practices.
c. Establishes structured programs and services that incorporate community partnerships, vocational opportunities, independent living, life skills, leisure, and recreation activities.
d. Provides youth access to family and social supporters and involves them in programming and activities.
e. Establishes opportunities for family and social supporters to provide recommendations to the facility concerning programs, services, and operations.
f. Establishes complaint and grievance procedures for youth and family members.
g. Includes various definitions and provisions relating to the operation and design of a facility.
h. Establishes procedures for entities to request a variance of a standard under the chapter.
i. Incorporates minimum construction and physical environment requirements.
j. Establishes case planning and treatment that incorporates evidence-based practices which engages youth, family, and social supporters in an overall treatment approach.
k. Ensures facilities coordinate with local school districts to ensure youth have access to education.
l. Provides standards for documenting education of youth.
m. Establishes uniform data reporting requirements as required by the Department of Corrections.
n. Establishes admission criteria, screening, classification, assessment, release, and reentry standards.
o. Establishes minimum staffing and training requirements for facilities.
p. Incorporates health and mental health care requirements including screening, assessments, medical and dental care, mental health care, informed consent, suicide and self-harm prevention, and the administration of medication.
q. Provides records storage, reporting, and documentation requirements.
r. Requires entities to establish a youth conduct system that includes incentives for positive behavior and prohibits dispositions that are contrary to the rehabilitation of youth.
s. Establishes requirements concerning hygiene and sanitation.
t. Provides flexibility for facilities to be physically collocated with other facility types and identifies specified physical spaces that can be shared.
u. Disallows physical and visual contact between youth and adult inmates.
v. Requires an approved written operation plan and identifies required policy and procedures within the plan.
6. Summary of, and comparison with, existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule:
The federal regulations for the Prison Rape Elimination Act imposes standards for the analysis of the incidence and effects of prison rape in federal, state, and local institutions, and to provide information, resources, recommendations and funding to protect individuals from prison rape. The applicable standards imposed by Prison Rape Elimination Act are incorporated and required in this rule.
The Juvenile Justice and Delinquency Prevention Act provides support to state and local governments to prevent and control juvenile delinquency and to improve the juvenile justice system, including the sight and sound separation of juveniles from adult inmates in a secured institution. The applicable standards imposed by the Juvenile Justice and Delinquency Prevention Act are incorporated and required in this rule.
7. Comparison with similar rules in adjacent states:
Illinois & Iowa. Illinois and Iowa do not have rules governing long-term youth correctional orders that are operated by counties or tribes. Rules in these states more closely align to ch. DOC 346 governing short-term juvenile detention or ch. DCF 52 governing non-secure residential care centers for children and youth. Other rules govern state-operated facilities with youth for long term correctional orders similar to chapters DOC 371, DOC 373, DOC 374, DOC 375, DOC 376, DOC 379, DOC 380, and DOC 381. Minnesota. Minnesota establishes standards governing certain facilities similar to secured residential care centers for children and youth including provisions governing licensing, resident rights, policies and procedures, construction and physical plant requirements, lock and key control, admission and release, discharge, use of dangerous materials and hazardous substances, restrictive procedures, personnel, programming and services, programming outcomes, and facility evaluations.
Michigan. Michigan establishes standards governing certain facilities similar to secured residential care centers for children and youth including provisions governing records and reporting, policy and procedures, facility plans, licensing, environmental health, fire safety requirements, admission and release, staffing, food service and nutrition, health care, mental health care, resources for children and youth, programming and services, and discipline.
8. Summary of the factual data and analytical methodologies:
2017 WI Act 185 amended s. 938.22 (2) (a), Stats. to require the Department of Corrections to promulgate rules establishing minimum requirements for the approval and operation of secured residential care centers for children and youth. The Department has created this proposed rule order to reflect these statutory changes, which did not require the use of any factual data or analytical methodologies. 9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
Not applicable.
10. Effect on small businesses:
The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s. 227.114, Stats. 11. A copy of any comments and opinion prepared by the Board of Veterans Affairs:
Not applicable.
12. Agency contact person:
13. Place where comments were to be submitted:
Written comments on the proposed rule were received by October 9, 2020 and were mailed or emailed to:
Jared Hoy
P.O. Box 7925
Madison, WI 53707
Text Of Permanent Rule
Section 1: Chapter DOC 347 is created to read: SECURED RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH
Subchapter I – General Provisions
DOC 347.01 Purpose. The purpose of this chapter is to:
(1) Establish minimum standards for the approval, design, construction, repair, maintenance, and operation of secured residential care centers for children and youth.
(2) Establish minimum standards for services, programming, and uniform data reporting requirements for counties or Indian tribes that operate or contract with a child welfare agency to operate a secured residential care center for children and youth.
DOC 347.03 Applicability. The provisions of this chapter apply to secured residential care centers for children and youth.
DOC 347.04 Definitions. In this chapter:
(1) “Administrative confinement” means an involuntary non-punitive confinement of a youth because the youth’s behavior presents a danger to others or poses a serious risk to facility security, including but not limited to escape, risk, or disturbance.
(2) “Assessment” means a process for identifying the risks, needs, and protective factors of youth by using an objective and validated assessment tool.
(3) “Body cavity search” means a manual inspection of the anal or vaginal cavity of a youth conducted by means of any instrument, apparatus, finger, or object.
(4) “Classification” means a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to living units and programs according to their needs and existing resources.
(5) “Dayroom” means an area contiguous to each living unit that is usable and accessible by youth and designed and used for leisure activities but not for sleeping purposes.
(6) “Department” means the department of corrections.
(7) “Detention strength” means strong enough to resist damage youth could inflict and to maintain safety and security and prevent youth from harming themselves and others.
(8) “Direct supervision” means a method of youth management that ensures continuing direct contact between youth and staff by posting staff inside each living unit and other areas where youth are present.
