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:
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:
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:
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.
(9) “Dormitory” means a room used for sleeping purposes and designed for occupancy by 3 or more persons.
(10) “Force” means intentional physical contact between staff and youth to overcome resistance or to compel youth to act or to refrain from acting in a particular way.
(11) “Health care assessment” means a process whereby an individual’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.
(12) “Holding room” means a secure room designed for holding one or more youth of the same gender for the purpose of processing admissions, releases, investigations, or court appearances, not to exceed 4 hours.
(13) “Informed consent” means the agreement of the youth to undergo a treatment, examination, or procedure after the youth understands the material facts about the treatment, examination, or procedure; its consequences and risks; the alternatives; and the prognosis if it is not undertaken.
(14) “Mechanical restraint” means any device attached to a youth’s body that restricts freedom of movement or normal access to the youth’s body.
(15) “Multipurpose room" means an activity area designed and used for programming and services. ”Multipurpose room” does not include a sleeping room, dayroom, dormitory, classroom, visiting space, or recreation space.
(16) “Natural light” means direct or indirect illumination as provided by the sun or daylight.
(17) “Pat down search” means an inspection by running the hands over the clothed body of a youth by a staff member to determine whether the youth possesses contraband.
(18) “Privileged mail” means any written communication between a youth and an attorney.
(19) “Qualified health care professional” means a physician, physician assistant, nurse, nurse practitioner, dentist, mental health professional, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for patients.
(20) “Qualified mental health professional” means a psychiatrist, psychologist, psychiatric social worker, psychiatric nurse, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for the mental health needs of patients.
(21) “Quiet space” means a specialized area designed for youth to provide sensory stimulation that helps facilitate relaxation and develop self-regulation routine to cope with stressful situations.
(22) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes, not to exceed 72 continuous hours.
(23) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.
(24) “Sally port” means a secure, controlled entryway to a facility.
(25) “Secure perimeter” means the secure outer boundaries of a secured residential care center for children and youth.
(26) “Secured residential care center for children and youth” or “facility” has the meaning given in s. 938.02 (15g), Stats.
(27) “Security staff” means staff who are responsible for providing direct supervision of and interacting with youth in living units, recreational areas, dining areas, and other program areas of the facility.
(28) “Sleeping room” means a room designed and used as a sleeping room for one youth confined in a facility except when the facility meets the conditions for double occupancy under s. DOC 347.10 (3) (b).
(29) “Social supporters” includes parents or guardians, foster parents, legal custodians, siblings, other family members, the parent of a youth’s child, the youth’s child, mentors, community-based service providers, educators, clergy members, and other caring and supportive individuals who are a reliable presence for the youth.
(30) “Strip search" means a search, as defined under s. 968.255 (1) (b), Stats.
(31) “Trauma-informed care” means a system that realizes the widespread impact of trauma and understands potential paths for recovery; recognizes the signs and symptoms of trauma in youth, social supporters, staff and others involved with the system; and responds by fully integrating knowledge about trauma into policies, procedures and practices; and seeks to actively resist re-traumatization.
(32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.
(33) “Youth” means any individual placed or transferred to a secured residential care center for children and youth under the provisions of s. 301.08 or ch. 938, Stats.
DOC 347.05 Variance.
(1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for any requirement to the provisions of s. DOC 347.10 (3) (b), or requirements specifically imposed by Wisconsin Statutes or federal law or regulation.
(2) In order to obtain a variance, a county, tribe, or child welfare agency that operates or intends to operate a facility shall demonstrate in writing that the variance provides equivalent or better protection for the health, safety, rights, and welfare of youth or the public.