Section 349.15. Exceptions.

 

(1)  The division administrator or designee may grant a variance to a requirement found in this chapter, except that no variance may be granted for the requirement of single occupancy cells under s. DOC 349.06 (3) (b) or 349.07 (2) , for the minimum cell space requirement under s. DOC 349.06 (3) (c) or 349.07 (3) or for any requirement specifically imposed by Wisconsin Statutes.

(2)  In order to obtain a variance, the lockup administrator shall demonstrate in writing to the division's regional detention facilities specialist that strict enforcement of the rule would result in unreasonable hardship for administration of the lockup and that the variance would provide equivalent or better protection for the health, safety, welfare and rights of inmates and the public.

(3)  The department may impose specific conditions, including time limits on a variance, in order to protect the health, safety, rights or welfare of inmates or the public.

(4)  Violation of any condition under which a variance is granted constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and strictly enforce the rule.

Cr. Register, January, 1990, No. 409 , eff. 2-1-90; emerg. r. and recr. eff. 3-19-90; r. and recr. Register, November, 1990, No. 419 , eff. 12-1-90.