Wisconsin Legislature: DOC 349.06(2)(b)

(5) “Deliver” or “delivery” has the meaning given in s. 450.01 (5), Stats.

(6) “Department” means the Wisconsin department of corrections.

(7) “Detention strength” means strong enough to resist damage an inmate could inflict with tools or equipment that would normally be in his or her possession.

(8) “Division” means the division of probation and parole.

(9) “Health screening form” means the form or forms developed by a lockup facility to obtain at admission information relating to each inmate’s medical and dental condition, medical illnesses or disabilities, mental illnesses, developmental disabilities, alcohol or other drug abuse problems and suicide risk.

(10) “Holding room” means a secure room in the lockup designed for holding, after arrest, one or more inmates of the same sex and security classification and segregated according to the requirements specified in s. 302.36, Stats., for purposes of processing admissions and releases.

(10m) “Juvenile” means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “juvenile” does not include a person who has attained 17 years of age.

(11) “Lockup administrator” means the person in charge of lockup operations or a designee.

(12) “Lockup facility” or “lockup” means a temporary place of detention within a police station which is used exclusively for confinement of persons under arrest before those persons are brought before a court or post bond.

(13) “Privileged mail” means any written materials between an inmate and an attorney, court, government or facility official.

(14) “Secretary” means the secretary of the department.

(14m) “Secure custody status” means the status of a juvenile in a lockup facility, which begins when the juvenile is placed in a cell, holding room, or other locked or secure room within the lockup and which ends when the juvenile is released from custody or is removed from the secure portion of a police station.

(15) “Secure detention area of the lockup” means the area within the secure outer boundaries of a lockup.

(16) “Security classification” means a grouping of inmates based on the level of supervision required, the nature of the offense or offenses for which the inmates were arrested and any other criteria set by the lockup administrator.

(17) “Special needs inmate” means an inmate who is identified or suspected of having a medical illness or disability, mental illness, a developmental disability or alcohol or other drug abuse problem or who is a suicide risk.

History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; renum. (1) to (11) to be (2) to (4), (6) to (8), (10) to (12), (15) and (16) and am. (8), cr. (1), (5), (9), (13), (14) and (17), Register, December, 1992, No. 444, eff. 1-1-93; emerg. cr. (1m), (4m) and (10m), eff. 12-10-98; cr. (1m), (4m) and (10m), (14m), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.04 Prohibited uses. Pursuant to s. 302.30, Stats., a lockup may not be used to hold persons pending trial who have appeared in court or persons who have been committed to imprisonment for nonpayment of fines or forfeitures.

History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. renum. (1) and (2), eff. 12-10-98; renum. (1) to be intro., and renum. (2) to be DOC 349.21 (1), Register, June, 1999, No. 522, eff. 7-1-99.

DOC 349.05 Construction plans.

(1) Before design development begins, a village or city which intends to build or remodel a lockup shall file a letter of intent with the division’s regional detention facilities specialist.

(2) Copies of original and updated design drawings of the area for the lockup shall be submitted to the division’s regional detention facilities specialist at the same time the drawings are submitted to the village or city.

(3) All sites, plans and specifications for construction or remodeling of a lockup shall comply with the state commercial building code, chs. SPS 361 to 365.

(4) Prior to approval by the department of safety and professional services under chs. SPS 361 to 365 and prior to publication of bid documents, 2 complete sets of plans and specifications shall be forwarded to the division for its review and approval.

(5) Upon approval by the division, one set of plans and specifications shall be marked to indicate approval by the division and returned to the office that submitted the plan. The remaining set shall be filed in the division. If the plans and specifications are not approved, both sets shall be returned to the sender.

History: Cr. Register, January, 1990, No. 409, eff. 2-1-90; corrections made in (3) and (4) under 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522, eff. 7-1-99; corrections in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (3) and (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DOC 349.06 Physical environment for new or substantially remodeled lockups.

(1) Applicability. This section applies only to lockups that are constructed or substantially remodeled on or after February 1, 1990.

(2) Equipment and materials. The following equipment and materials in a lockup shall be of detention strength and manufactured, sold and installed by firms that specialize in jail and prison equipment or ordered from a firm that will follow the specifications for detention strength equipment in this chapter:

(a) Windows;

(b) Glazing;

(d) Grills over vents and windows;

(e) Security doors;

(f) Security locks;

(g) Keys;

(h) Hinges;

(i) Food passes;

(j) Observation ports;

(k) “Contraband proof” sills;

(L) Speaking ports;

(m) Seats;

(n) Benches;

(o) Lights;

(p) Locking mechanism housings;

(q) Key cabinets;

(r) Walls;

(s) Windows and door frames;

(t) Bunks;

(u) Tables;

(v) Toilets;

(w) Urinals;

(x) Wash basins;

(y) Drinking fountains;

(z) Showers;

(za) Desks;

(zb) Clothing hooks;

(zc) Shelves;

(zd) Door pulls;

(ze) Screws;

(zf) Bolts;

(zg) Mirrors;

(zh) Floor drains; and

(zi) Ceilings.

(3) Cells.

(a) This subsection applies to all cells except holding rooms. Requirements for holding rooms are specified under sub. (4).

(b) Each cell shall be designed and used for single occupancy only.

(c) Each cell shall have a floor area of ar least 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

(d) Each cell shall have:

1. A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength;

2. A detention strength, metal, institution-type wash basin and toilet. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water; and

3. Detention strength light fixtures that provide at least 10 footcandles of illumination 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.

(4) Holding rooms.

(a) A person under arrest who is in the process of being admitted or released may be placed in a holding room for a period of time not to exceed 4 hours, but only after the decision has been made, in the case of a person being admitted, to admit the person to the lockup facility and a proper entry has been made in the register of inmates required under s. DOC 349.11 (1). Holding rooms shall be located in an area that allows continuous staff observation or electronic surveillance of inmates. Supervision shall be in accordance with the requirements of ss. 302.41 and 302.42, Stats.

(b) Holding rooms may be designed and used for multiple occupancy for inmates of the same security classification who are properly segregated as required under s. 302.36, Stats.

(d) Each holding room shall contain detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of a similar strength.

(e) A detention strength, institution-type wash basin and toilet shall be provided for every 8 occupants and, for holding rooms designed for male occupancy, a urinal shall be provided.

(f) Hot and cold running water shall be provided.

(g) A holding room shall have a floor area of at least 50 square feet. The maximum capacity for a holding room with at least 50 square feet of floor space but less than 60 square feet of floor space shall be 5 persons. The maximum capacity for a larger holding room shall be one more person for every additional 10 square feet of floor space.

(5) Exterior windows.

(a) This subsection applies only to lockup facilities that have exterior windows. In this subsection,“exterior window” means any window that faces the exterior of the lockup facility or an area outside the secure detention area of the lockup facility.

(b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure detention area of the lockup facility from observing inmates within the lockup.

(c) Each exterior window that has an opening in any direction in excess of 51⁄2 inches shall be covered with security steel grills to prevent escape.

(d) If an exterior window is accessible to inmates and opens, the window shall be mounted in a detention strength frame and shall be covered on the inside with a security screen of at least 1600 pound per lineal inch tensile strength and made of at least .047 mil. diameter wire to prevent the passage of contraband.

(e) If an exterior window is not accessible to inmates and opens, the window’s security screen need not meet the requirements of par. (d), but the screen shall have a tensile strength of at least 800 pounds per lineal inch and shall be made of wire of at least .028 mil. diameter.

(f) If an exterior window does not open, whether or not it is accessible to inmates, the security screen required under par. (d) or (e) may be omitted it the window is mounted in a detention strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

(6) Exterior approaches. The exterior of the lockup and approaches to the lockup shall be well lighted at night to permit observation of persons approaching the building.

(7) Walls.

(a) Walls on the exterior of the lockup shall be constructed of reinforced concrete or fully grouted concrete block at least 8 inches thick, or the walls shall be constructed of materials of similar strength which provide equivalent security.