Wisconsin Administrative Code
Department of Corrections
Chapter DOC 350 - Jails
Section DOC 350.08 - Variance
Current through August 26, 2024
(1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for the conditions required to permit double celling under s. DOC 350.20 or for any requirement specifically imposed by Wisconsin Statutes.
(2) In order to obtain a variance, the sheriff shall demonstrate in writing that strict enforcement of the rule would result in unreasonable hardship for administration of the jail and that the variance would provide equivalent or better protection for the health, safety, rights, and welfare of inmates and the public.
(3) The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of inmates and 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 the variance, the department may revoke the variance and require strict enforcement of the rule.
(5) Any variance granted shall not set a precedent.
