1. (1) Applicability. This section applies only to juvenile detention facilities that are constructed or substantially remodeled on or after November 1, 2010 but prior to August 1, 2025.

2. (2) Juvenile housing.

   1. (a) Each juvenile shall have a separate bunk or bed in a cell that meets the requirements of sub. (3) or (4) or in a dormitory that meets the requirements of sub. (5). A facility may not exceed its rated bed capacity.
   2. (b) The total number of juveniles housed in double cells under sub. (4) and in dormitories under sub. (5) may not exceed 75 percent of the rated bed capacity of the facility.

3. (3) Cells.

   1. (a) Unless sub. (4) applies, all cells for juveniles in a facility shall be designated and used for single occupancy only.
   2. (b) Unless sub. (4) applies, cells shall have minimum floor area of 35 square feet of unencumbered space. 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.

   3. (c) Unless sub. (4) applies, each cell shall have all of the following:

      1. 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. 2. An unbreakable, institution-type mirror.
      3. 3. 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.
      4. 4. A rigidly constructed shelf-type table and seat that are bracketed to the wall or bolted to the floor.
      5. 5. Unless sub. (4) applies, 2 or more nonremovable, collapsible, detention-strength clothing and towel hooks.
      6. 6. Light fixtures of detention strength and providing at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.
   4. (d) There shall be no exposed heating pipes, radiators or controls in cells.
   5. (e) There shall be a release system designed to unlock cell doors individually and as a group from a single point outside the confinement area.

4. (4) Double celling.

   1. (a) A juvenile detention facility may use cells for double occupancy. This section does not apply to a juvenile portion of a county jail.
   2. (b) If a juvenile detention facility determines based on all the criteria under s. DOC 346.13 that placement of a juvenile in a double cell may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff or the community, the juvenile may not be placed in a double cell. If a juvenile detention facility determines based on all the criteria under s. DOC 346.13 that placement of 2 particular juveniles in a double cell may jeopardize the health or safety of either juvenile, other juveniles in the facility, staff, or the community, those juveniles may not be placed together in a double cell.

   3. (c) In addition to the requirements for single occupancy cells under sub. (3) and before a cell may be used for double occupancy, all of the following conditions shall be met:

      1. 1. ‘Minimum floor area.’

         1. a. In juvenile detention facilities that are constructed or substantially remodeled between October 1, 1994, and November 1, 2010, a cell shall have a minimum floor area of 70 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.
         2. b. In juvenile detention facilities that were constructed before October 1, 1994, and have not been substantially remodeled after October 1, 1994, a cell shall have a minimum floor area of 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.
         3. c. In juvenile detention facilities that are constructed or substantially remodeled after November 1, 2010, a cell shall have a minimum floor area of 70 square feet of unencumbered space.
      2. 2. ‘Receiving cells.’ Receiving cells may not be used for double occupancy.
      3. 3. ‘Single occupancy cells.’ Each juvenile detention facility shall maintain a minimum of 2 cells that are designed and used for single occupancy only.
      4. 4. ‘Double occupancy cells.’ A juvenile detention facility may not exceed 75% double occupancy of the total number of cells, excluding receiving cells and holding rooms.
      5. 5. ‘Clothing hooks.’ Each cell shall contain a minimum of 2 nonremovable, collapsible, detention-strength clothing and towel hooks for each occupant.
      6. 6. ‘Anti-rollout plates.’ For facilities constructed or substantially remodeled after November 1, 2010, all upper bunks shall be equipped with an anti-rollout plate.

5. (5) Dormitories.

   1. (a) A juvenile detention facility may use dormitories in addition to cells for the secure detention of juveniles.
   2. (b) Each dormitory shall be designed for a minimum of 3 and a maximum of 8 juveniles.
   3. (c) If a juvenile detention facility contains one dormitory, it shall have a minimum of 2 cells designed and used for single occupancy.
   4. (d) If more than one dormitory is built, the number of dormitory beds may not exceed 50 percent of the rated bed capacity of the juvenile detention facility.
   5. (e) If, based on all the criteria under s. DOC 346.13, a juvenile detention facility determines that placement of a juvenile in a dormitory may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff, or the community, the juvenile may not be placed in a dormitory.

   6. (f) Each dormitory shall have all of the following:

      1. 1. A minimum combined sleeping area and adjacent day room space of 70 square feet per juvenile based on rated bed capacity of the dormitory, excluding toilets, showers, and lavatories.
      2. 2. A minimum floor-to-ceiling height of 8 feet.
      3. 3. Non-locking doors on sleeping rooms, if separate sleeping rooms are provided.
      4. 4. Unrestricted physical access to the day room, lavatories, and toilets.
      5. 5. A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor for each juvenile based on the rated bed capacity of the dormitory.
      6. 6. For facilities constructed or substantially remodeled after November 1, 2010, all upper bunks equipped with an anti-rollout plate.
      7. 7. Detention-strength washbasins and toilets.
      8. 8. Unbreakable, detention-strength mirrors sufficient for the number of juveniles confined.
      9. 9. Detention-strength tables and seating in the day room based on the rated bed capacity of the dormitory.
      10. 10. Two nonremovable, collapsible, detention-strength clothing and towel hooks for each juvenile confined based on the rated bed capacity of the dormitory.
      11. 11. Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

6. (6) Day room.

   1. (a) Each day room shall have all of the following:

      1. 1. A minimum floor area of 35 square feet for each juvenile based on the rated bed capacity of the adjacent group of cells. In addition, each day room shall have a minimum of 70 square feet of unencumbered space.
      2. 2. Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor.
      3. 3. Adequate furnishings and equipment for leisure time activities as required under this chapter.
      4. 4. Detention-strength tables and seating based on the rated bed capacity of the adjacent cells.
   2. (b) There shall be in the day room no exposed heating pipes, radiators, or controls that are accessible to juveniles.

7. (7) Holding rooms.

   1. (a) Holding rooms shall be located in an area that allows continuous staff observation or electronic video surveillance of juveniles.

   2. (b) Each holding room shall have all of the following:

      1. 1. Detention-strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of similar strength.
      2. 2. A detention-strength, metal, institution-type wash basin and toilet.
      3. 3. A minimum floor area of 50 square feet of unencumbered space for 5 or fewer occupants and an additional 10 square feet of unencumbered space for each additional occupant.
      4. 4. Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor.
   3. (c) Holding rooms are not included in the rated capacity of a facility.
   4. (d) Juveniles may not be held in a holding room for more than 24 continuous hours.
   5. (e) Holding rooms outside the secure perimeter shall comply with the requirements of this section.

8. (8) Receiving cells.

   1. (a) All receiving cells shall be designed and used for single occupancy.

   2. (b) Each receiving cell shall have all of the following:

      1. 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 similar strength.
      2. 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.
      3. 3. Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.
      4. 4. A minimum floor area of 35 square feet of unencumbered space. 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.
   3. (c) Receiving cells are not included in determining the rated capacity of a facility.
   4. (d) Juveniles may not be held in a receiving cell for more than 72 continuous hours.
9. (9) Natural lighting. Cells under subs. (3) and (4) and dormitories under sub. (5) shall be provided with natural light in accordance with the International Building Code, s. 1204, as adopted by the department of safety and professional services under s. SPS 361.05 (1). Artificial light may not be used as an alternative to the natural light requirements under the International Building Code.

10. (10) Exterior windows.

    1. (a) This subsection applies to all windows that lead to the exterior of the facility or to an area outside the secure perimeter of the facility.
    2. (b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure perimeter of the facility from observing juveniles within the facility.
    3. (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.
    4. (d) If an exterior window is accessible to juveniles and opens, the window shall be mounted in a detention-strength frame and shall be covered on the inside with a 1,600 pound per lineal inch tensile strength security screen of .047 mil. wire diameter to prevent the passage of contraband.
    5. (e) If an exterior window is not accessible to juveniles and opens, 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.
    6. (f) If an exterior window does not open, whether or not it is accessible to juveniles, the security screen required under par. (d) or (e) may be omitted if 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.
11. (11) Showers. There shall be at least one shower for every 8 juveniles. There shall be an adequate supply of hot and cold water so that juveniles shall be permitted to shower on a daily basis.
12. (12) Multi-purpose space. Facilities shall contain multi-purpose space which shall have a minimum of 300 square feet of floor area or provide 35 square feet of floor area for the maximum number of juveniles expected to use the space at one time, whichever is greater.
13. (13) Classroom space. For juvenile detention facilities that are constructed or substantially remodeled after November 1, 2010, there shall be classroom space designed in conformity with local or state educational requirements.
14. (14) Health care area. If medical or dental services are provided in the facility, there shall be sufficient space, equipment, supplies and materials for the performance of primary health care delivery in a confidential and private manner. The superintendent shall consult with the health care provider to determine the adequacy of the space, equipment, supplies, and materials.

15. (15) Outdoor recreation space.

    1. (a) If provided, there shall be a minimum of 70 square feet of outdoor recreational space per occupant.
    2. (b) The operational plan under s. DOC 346.07 shall contain policies and procedures for the safe and secure use of outdoor recreational space.

16. (16) Storage space.

    1. (a) Sufficient space shall be provided in the facility to store and issue clothing, bedding, cleaning supplies, and other items for daily operations.
    2. (b) Space shall be provided for storing the personal property of juveniles safely and securely.
17. (17) Visiting space. Sufficient space for visitation shall be provided.

History

History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) (c) (intro.) made under s. 35.17, Stats. Register July 2025 No. 835.