Wis. Admin. Code Department of Corrections DOC 350.08 - Variance
(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.
Notes
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