Wis. Admin. Code Department of Corrections DOC 349.03

Current through October 28, 2024

Section DOC 349.03 - Definitions

In this chapter:

(1) "Administer" has the meaning given in s. 450.01(1), Stats.

(1m) "Adult" means a person who is 18 years of age or older, 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, "adult" means a person who has attained 17 years of age.

(2) "Cell" means a secure room designed and used as a sleeping room for one person confined in a lockup facility.

(3) "Confinement" means placement in a cell or holding room of a person who has been arrested and is awaiting an initial appearance in court or to post bond.

(4) "Contraband" means any item not allowed in a lockup by the lockup administrator.

(4m) "Delinquent act" means an act which is committed by a juvenile who is 10 years of age or older and which is a violation of any state or federal criminal law, except as provided in ss. 938.17, 938.18, and 938.183, Stats., or which constitutes a contempt of court, as defined in s. 785.01(1), Stats., as specified in s. 938.355(6g), Stats.

(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.

Wis. Admin. Code Department of Corrections DOC 349.03

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.