(23) “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.
(24) “Rated bed capacity” means the design capacity approved by the department under this chapter, based on single occupancy sleeping rooms under s. DOC 346.09 (3) (a), double occupancy sleeping rooms under s. DOC 346.09 (3) (b), and dormitories under s. DOC 346.09 (3) (c). (25) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes.
(26) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.
(27) “Secure perimeter” means the outer boundary of a youth detention facility or of the youth portion of a county jail or secured residential care center for children and youth.
(28) “Sleeping room” means a room designed and used for one youth confined in a facility except when the facility meets the conditions for double occupancy under s. DOC 346.09 (3) (b). (29) “Social supporter” includes a parent or guardian, foster parent, legal custodian, sibling, other relative, the parent of a youth’s child, the youth’s child, mentor, community-based service provider, educator, clergy member, 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) “Superintendent” means” either of the following:
(a) The individual designated to be in charge of a youth detention facility under s. 938.22 (3) (a), Stats., or the director as specified in s. 938.22 (3) (b), Stats. (b) In the case of the youth portion of the county jail, the sheriff of a county in which the jail is located pursuant to s. 59.27 (1), Stats. (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 facility under the provisions of s. 301.08, Stats., or ch. 938, Stats. (34) “Youth detention facility” means a juvenile detention facility as defined under s. 938.02 (10r), Stats., and includes a stand-alone facility or a facility located in the same building or on the same grounds as a county jail or secured residential care center for children and youth. (35) “Youth detention portion of a secured residential care center for children and youth” means an area which is used for the detention of youth and is collocated with a secured residential care center for children and youth.
(36) “Youth portion of a county jail” means an area that is used for the detention of youth and that is part of a county jail.
DOC 346.05 Variance.
(1) The superintendent may submit a written request to the department to be granted a variance from a provision of this chapter if:
(a) Strict enforcement of the rule would result in unreasonable hardship for administration of the facility; and
(b) The variance would provide equivalent or better protection for the health, safety, rights, and welfare of youth and the public.
(2) In all cases, there is a presumption that strict compliance with this chapter shall be required and the responsibility to provide commensurate justification for a variance rests with the requestor.
(3) At a minimum, any request for a variance must include:
(c) The applicable provision of this chapter for which a variance is sought.
(d) A description of the request and commensurate justification.
(e) Any additional information requested by the Department.
(4) No variance may be granted to minimum space requirements for youth housing areas under s. DOC
346.09 (3) (a), (b), (c) and (d).
(5) The department shall send a decision letter to the superintendent subsequent to reviewing the request. The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public.
(6) Violation of any condition of a variance by the facility constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and require strict enforcement of the rule.
(7) Any granted variance does not establish a precedent.
DOC 346.06 Records and reporting.
(1) REGISTER OF YOUTH. Each facility shall keep a register of all youth. The register shall contain identifying information on each youth including name, residence, age, gender, race, court order, time and cause of placement, placing authority, and time of release and releasing authority.
(2) STORAGE OF RECORDS. Records shall be kept in a secure location and in a confidential manner.
(3) REPORTING REQUIREMENTS. The facility shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occurs:
(a) A youth dies.
(b) A youth is admitted to a hospital.
(c) Staff is admitted to a hospital due to injury caused by assault.
(d) A youth escapes or attempts to escape from secure custody.
(e) There is significant damage to the facility affecting the safety or security of the facility.
(f) Any change in the facility housing designation in accordance with s. DOC 346.07 (2). (4) INFORMATION. The facility shall promptly furnish to the department all requested information.
DOC 346.07 Operational plan.
(1) Before a facility may hold youth in secure custody, the facility shall develop a written operational plan which has been approved by the department under s. 938.22 (2) (a), Stats. The facility may not implement any plan until the department has approved the plan. (2) The operational plan shall designate whether the facility will operate as a youth detention facility, the youth portion of a county jail, or the youth detention portion of a secured residential care center for children and youth.
(3) The operational plan shall contain policies and procedures for the operation of the facility. The policies and procedures shall include the standards set forth in ss. DOC 346.06 and DOC 346.12 to 346.48. (4) The operational plan shall comply with the standards specified in this chapter.
(5) The facility shall implement the operational plan consistent with the requirements of this chapter.
Subchapter II – Facility and Physical Environment
DOC 346.08 Construction plans.
(1) An entity that intends to build or remodel a facility shall file a letter of intent with the department before design development begins.
(2) An entity shall provide copies of original and updated construction plans of the area within the secure perimeter of the facility to the department.
(3) All sites, plans, and specifications for construction or remodeling of a facility shall comply with the Wisconsin Commercial Building Code under chs. SPS 361 to 366. (4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.
(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.
DOC 346.09 Physical environment of new or substantially remodeled youth detention facilities.
(1) APPLICABILITY. This section applies only to youth detention facilities that are constructed or substantially remodeled on or after “the effective date of this subsection [LRB inserts date].”
(2) FURNITURE AND FIXTURES. The following furniture and fixtures used in a facility shall be of detention strength materials or be of secure type to ensure safety for staff and youth:
(a) Benches.
(b) Bolts.
(c) Bunks.
(d) Ceilings.
(e) Clothing hooks.
(f) Contraband proof thresholds.
(g) Desks.
(h) Door frames.
(i) Door pulls.
(j) Doors.
(k) Drinking fountains.
(L) Floor drains.
(m) Food passes.
(n) Glazing.
(o) Grills over vents and windows.
(p) Hinges.
(q) Key cabinets.
(r) Lights.
(s) Locking mechanism housings.
(t) Mirrors.
(u) Observation ports.
