c. Michigan: Michigan administrative code establishes standards for the administration of county jails or lockups. The administrate code delineates standards for the design and construction of the facility including standards for the proper positioning of exits, compliance with fire safety codes, and physical requirements for detoxification and holding cells. This administrative code also establishes standards for of the operation of county jails or lockups. MCL R 791. This administrate code creates rules for the use
of force in these facilities, for dietary allowances and special diets, for sanitation inspections, and for health care. MCL R 791.
d. Minnesota: Minnesota administrative rule establishes standards for the licensing of providers of residential care and treatment or detention or foster care services for children in out-of-home placement. Minn. R. 2960.0100. These rules include physical environment and equipment and physical plant standards. Each facility must provide a physical environment that provides for the comfort, privacy, and dignity of residents, must ensure that food services, storage, housekeeping, laundry and maintenance are operated on a consistent, healthy basis and must provide a classroom atmosphere that is conducive to
learning and meets the resident’s special physical, sensory, and emotional needs. Minn. R. 2960.0110.
Additionally, new secure juvenile certified correctional group residential facilities must meet the minimum physical plant construction standards developed by the Department of Corrections. Minn. R. 2960.0220(1). New construction of nonsecure residential facilities must meet state and local building codes and the physical plant requirements in Minn. R. 2960.0120. Correctional group residential construction plans and schematics must be reviewed and approved by the Department of Corrections before the license holder allows bids for construction. Minn. R. 2960.0220(2).
Minnesota administrative rule also establishes standards of the operations of these facilities. For example, administrative rule establishes that residents have a right to daily bathing or showering and reasonable use of materials, including culturally specific appropriate skin care and hair care products or any special assistance necessary to maintain an acceptable level of personal hygiene. Minn. R.
2960.0050. Residents also have a right to adequate medical care, a right to nutritious and sufficient meals and sufficient clothing and housing and a right to live in clean, safe surroundings. Minn. R. 2900.0050(1).
8. Summary of the factual data and analytical methodologies: 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.
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: Not applicable.
11. A copy of any comments and opinion prepared by the Board of Veterans Affairs. Not applicable.
12. Agency contact person: Caitlin Washburn, Administrative Rules Coordinator, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI, 53707-7925; by phone: (608) 240-5020; or by email: DOCAdministrativeRulesCommittee@wisconsin.gov.
13. Place where comments are to be submitted and deadline for submission: Written comments on the proposed rule will be accepted and receive consideration if they are received by October 14th, 2024. Written comments should be addressed to: Administrative Rules Committee, c/o Caitlin Washburn, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email: DOCAdministrativeRulesCommittee@wisconsin.gov.
(See PDF for image)TEXT OF RULE
SECTION 1. Chapter DOC 346 is repealed and recreated to read:
Chapter DOC 346
SECURE DETENTION FOR YOUTH
Subchapter I General Provisions
DOC 346.01 Purpose. The purpose of this chapter is to establish minimum standards for the approval, design, construction, maintenance, and operations of youth detention facilities and youth portions of county jails and the youth detention portion of a secured residential care center for children and youth.
DOC 346.02 Authority. This chapter is promulgated under the authority of s. 938.22 (2) (a), Stats., and implements ss. 301.36, 301.37, and 938.209, Stats.
DOC 346.03 Applicability. The provisions of this chapter apply to youth detention facilities, youth portions of county jails, and the youth detention portion of a secured residential care center for children and youth.
DOC 346.04 Definitions. In this chapter:
(1) “Administrative confinement” means a nonpunitive confinement of a youth because the youth’s behavior presents a danger to others or poses a serious risk to facility security, including escape 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) “Construction plans” mean the site plans, drawings, and specifications for construction or remodeling of a facility.
(6) “Contraband” means any item not allowed in a facility by the superintendent.
(7) “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.
(8) “Department” means the department of corrections.
(9) “Detention strength” means strong enough to resist damage youth could inflict and to maintain safety and security and prevent youth from harming themselves or others.
(10) “Dormitory” means a room used for sleeping purposes and designed for occupancy by 3 or more youth.
(11) “Facility” means 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.
(12) “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.
(13) “Health care assessment” means a process whereby a youth’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.
(14) “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.
(15) “Living area” means the part of a youth detention facility normally occupied by youth, including dayrooms, multipurpose space, and adjacent control centers.
(16) “Mechanical restraint” means any device attached to a youth’s body that restricts freedom of
movement or normal access to the youth’s body.
(17) “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.
(18) “Natural light” means direct or indirect illumination as provided by the sun or daylight.
(19) “Officer” means a juvenile detention officer, as defined under s. 165.85 (2) (bt), Stats.
(20) “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.
(21) “Privileged mail” means any written communication between a youth and an attorney.
(22) “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.
(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.
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