Rule-Making Notices
Notice of Hearing
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., and interpreting sections
301.03 (5),
301.33,
301.36,
301.37,
302.30,
302.31,
302.315,
302.36,
302.365,
302.37,
302.38,
302.383,
302.388,
302.39,
302.40,
302.41, and
302.42, Stats., the Department of Corrections will hold public hearings to consider the repeal and recreation of Chapter
DOC 350, relating to jails.
Hearing Information
Date: Tuesday, June 25, 2013
Time: 10:00 a.m.
Location: Conference Room 45
State Office Building
819 North 6th Street
Milwaukee, Wisconsin
Date: Wednesday, June 26, 2013
Time: 10:00 a.m.
Location: Portage County Courthouse Annex
1462 Strongs Avenue
Stevens Point, Wisconsin
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email
kathryn.anderson@wisconsin.gov, telephone (608) 240-5049 by June 21, 2013.
Availability of Rules and Submitting Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by Friday, July 5, 2013. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email
kathryn.anderson@wisconsin.gov.
The proposed rule and an analysis of the proposed rule are available on the Internet at the Department of Corrections Web site at
http://doc.wi.gov. Paper copies may be obtained without cost from Kathryn R. Anderson, at the Department of Corrections, P.O. Box 7925, Madison, WI 53707-7925, or by email at
kathryn.anderson@wisconsin.gov, or by telephone (608) 240-5049. Copies will also be available at the public hearing.
Rule Summary Prepared by the Department of Corrections
Statutes interpreted
Sections
301.03 (5),
301.33,
301.36,
301.37,
302.30,
302.31,
302.315,
302.36,
302.365,
302.37,
302.38,
302.383,
302.388,
302.39,
302.40,
302.41, and
302.42, Stats.
Statutory authority to promulgate the rule
Explanation of agency authority
The Department of Corrections is responsible for establishing standards for and inspecting jails.
Related statute or rule
Chapter
DOC 346, secure detention for juveniles, and ch.
DOC 348, Huber facilities, Wis. Adm. Code.
Plain language analysis
The rule:
1.
Reorganizes and renumbers the existing ch.
DOC 350. Specifically, creates administrative rule provisions for the following: Food service, Inmate classification, Use of restraints, Grievance process, Legal access, Indigence, and Programs and services.
2. Expands existing inmate health care provisions listed in current code as “Health care" and is now listed in three sections: “Inmate health screening", Inmate health care" and “Health care policy."
3. Changes the title of “Physical environment for new or substantially remodeled jails" in current code to “Physical environment for new or substantially remodeled jails on or after March 1, 1990, to (date of new rule)."
4. Changes the title “Physical environment of existing jails" in current code to “Physical environment of jails constructed before March 1, 1990."
5.
Section
DOC 350.01 Purpose and authority — Amends the statement to include operation of jails and houses of correction.
6.
Section
DOC 350.03 Definitions — Creates definitions for “court holding", “exercise space", “natural lighting", and “unencumbered space".
7. Removes the definitions for “division" and “special needs inmates" since they are no longer used. “Division" referred to the division of probation and parole, and has been replaced with “Department."
8. Amends the definitions for “dayroom", “health screening form", “holding room", “multipurpose room", and “privileged mail."
9.
Section
DOC 350.04 Construction plans — Clarifies the procedure for the submission and approval of construction plans.
10.
Section
DOC 350.05 Physical environment for new or substantially remodeled jails — Alphabetizes the equipment and materials list, adds “skylights" and “sprinkler heads" to the list, and changes “contraband proof sills" to “contraband proof threshold."
11. Changes the minimum floor area of cells used for single occupancy to at least 35 sq. ft. of unencumbered space. The current rule specifies that a single occupancy cell shall have a minimum floor area of at least 54 sq. ft.
12.
Adds the requirement that, from the effective date of the updated ch.
DOC 350, double cells have a floor area of at least 25 sq. ft. of unencumbered space per occupant, that the distance between the floor and ceiling may not be less than 8 ft., and the distance between opposite walls may not be less than 6 ft. The current code requires that for jails constructed or substantially remodeled on or after March 1, 1990 to be used for double occupancy, a cell shall have a floor area of at least 70 square feet.
13. Adds the requirement to provide occupants of dayrooms, dormitories and cellblocks access to natural light.
14. Adds the requirement that dayrooms provide a minimum of 35 sq. ft. per inmate and that dayrooms may not be used for sleeping purposes.
16. Clarifies that receiving cells shall have a minimum floor area of at least 35 sq. ft. of unencumbered space. The current rule specifies that a receiving cell shall have a minimum floor area of at least 54 sq. ft.
18. Amends the requirement that each dormitory shall have a minimum floor area of 35 sq. ft. per occupant, excluding the toilet and shower area to state that each dormitory shall have a minimum floor area of 35 sq. ft. of unencumbered space per occupant for sleeping purposes.
19. Adds the requirement that each dormitory shall have a minimum floor area of 35 sq. ft. for the purpose of a dayroom and that each dayroom shall have detention strength tables and seating for the number of occupants.
20. Removes the wording “A secured area" for personal property shall be provided for each occupant of each dormitory to read “An area" for personal property shall be provided for each occupant of a dormitory.
21. Adds the requirement that washbasins in holding rooms have hot and cold running water.
22.
Creates a provision for court holding, s.
DOC 350.05 (8), which requires that court holding rooms: shall only be used for courtroom purposes, may not be used as a cell, dormitory or receiving cell, supervision is subject to the requirements of s.
DOC 350.18 and ss.
302.41 and
302.42, Stats., may be designed and used for multiple occupancy for inmates who are properly segregated under ss.
938.209 and
302.36, Stats., shall contain detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats of masonry construction of a similar strength, shall be provided a detention strength, institution-type washbasin and toilet, and shall have a floor area of at least 50 sq. ft. with an additional 10 sq. ft. for each occupancy above five.
23. Amends the provision for a “multipurpose room for recreation, physical exercise and congregate assembly other than visiting" to read “multipurpose rooms for programming, education or congregate assembly other than visiting". Requires that “there shall be a minimum of one multipurpose room per 100 inmates based upon approved rated capacity and that each multipurpose room shall have a minimum floor area of 300 sq. ft." The current code only states that “the multipurpose room shall have a minimum floor area of 300 sq. ft."
24. Creates the requirement for exercise space.
25. Creates the requirement that “interior walls between cells and housing units are to be constructed tight to the structure."
26. Clarifies ceiling construction requirements regarding detention strength materials.
27.
Changes the word “sill" to “detention strength framing and a threshold" in relation to exterior exit doors in s.
DOC 350.05 (15) (a).
28.
Clarifies s.
DOC 350.05 (15) (c) by changing “except for" to “other than" and separating into (c) and (d).
29.
Section
DOC 350.06 Physical environment for new or substantially remodeled jails on or after March 1, 1990 to (date of new rule) — Lists the provision for a cell used for double occupancy in (3) (d). (Moved to this section from s.
DOC 350.07 Double Celling in current code.)
30.
Section
DOC 350.07 “Physical environment of existing jails" in current code amended to read “Physical environment of jails constructed before March 1, 1990" to specify code requirements jails constructed before March 1, 1990.
31.
Section
DOC 350.08 Variance — Changes section title from “Exceptions" to “Variance. Adds that any variance granted shall not set automatic precedent.
32.
Section
DOC 350.09 Policy and procedure manual — Removes requirement to consult with outside sources to create the policies and that the policies should reference provider agreements.
33.
Section
DOC 350.10 Records and Reporting — Removes reference to “Jail Log". Changes the wording “records of inmates 18 years of age or older" to “adult records." Adds to the reporting requirements under sub. (3).
34. DOC 350.11 Food service is a new section — Creates the requirement that the jail shall have policies and procedures relating to food service.
35. Creates provisions for food service requirements: nutritious and quality food provided for all inmates, three provided daily, two of which are hot (variations may be allowed based on weekend and holiday food service demands provided basic nutritional goals are met); annual menu review by a qualified nutritionist or dietician; annual inspection of all full-production and service kitchens by a qualified, independent outside source documenting food service facility meets health and safety codes; internal monthly inspection of food service area; maintenance and inspection of kitchen area and all equipment; maintenance of food temperatures; storage of food items; special diets; religious diets; attire and hygiene requirements for food service area workers; persons known to be infected with a communicable disease may not be employed or work as a food handler in a facility; orientation, training and supervision of inmate kitchen workers; meals are covered during transit to and/or within the facility; kitchen food storage and dishwashing equipment temperatures; covered garbage containers are emptied daily and kept clean; cleaning agents are stored separately from food service items; and a sharps/utensil/tool control procedure.
36.
Section
DOC 350.12 Sanitation and hygiene — Creates the requirement that the jail shall have policies and procedures relating to sanitation and hygiene.
37.
Removes statement that jails shall meet the requirements of ch.
DHS 190.
38. Adds that a facility is required to be clean and in good repair.
39. Adds the requirement that blankets be laundered monthly as well as before reissue. Removes language regarding timeframe for blankets to be laundered when used with or without sheets.
40. Adds the requirement for mattresses to be cleaned and sanitized before reissue.
