Previously Granted Variances

Minimum Standards

Minimum Standard 1-02(c)(1)
- Granted June 8, 2021
- Extends date by which the Department shall implement the requirement that inmates aged 19-21 be housed separately and apart from inmates over the age of 21.
- In effect until January 17, 2022
- This variance was granted with conditions.
- This variance is a renewal of a variance first granted on September 8, 2015. The variance was additionally renewed on January 12, 2016, July 12, 2016, January 10, 2017, July 11, 2017, January 9, 2018, July 15, 2018, October 9, 2018, January 8, 2019. February 12, 2019, July 9, 2019, February 11, 2020, July 14, 2020 September 14, 2020, December 16, 2020, and January 17, 2021.

Minimum Standard 1-02(c)
- Granted November 10, 2015
- Waives requirement that "inmates ages 18 through 21 be housed separately and apart from inmates over the age of 21," in relation to the housing of inmates in specialized mental health units, the NIC infirmary, and WF communicable disease unit (CDU).
Minimum Standard 1-02(c)(1)
- Granted July 26, 2016
- Waives requirement that "inmates ages 18 through 21 be housed separately and apart from inmates over the age of 21," in relation to the housing of inmates in the RMSC infirmary, RMSC nursery, and RMSC pregnant inmate housing.
Minimum Standards 1-03(c,d,j); 1-04(b)(2-3); 1-05(a-c); 1-06; 1-07(c); 1-08(f)(4); 1-08(g)(2-4); 1-09(c-d, f); 1-11(c-d); 1-12(d); 1-13(a-c); and 1-14(a-b)
- Granted May 11, 2021
- Allows the Department to operate Separation Status for people who have a positive body scan or refuse a body scan
- In effect until September 15, 2021
- This variance is a renewal of a variance first granted on November 12, 2019, February 11, 2020, July 14, 2020, November 10, 2020, and January 12, 2021.
Minimum Standard 1-03(g)
- Granted April 1991
- A continuing variance authorizes DOC to require detainees in punitive segregation status to wear, except for court, seasonally appropriate facility clothing provided, laundered and repaired at Department expense. (April 1991)
- The above variance from §1-03(g) was granted upon the following conditions:
  - Upon admission to a punitive segregation housing area, each prisoner shall be issued three facility uniforms and two facility thermal undershirts, clean and in good repair and appropriately sized. Thereafter, DOC shall provide twice weekly exchanges of two uniforms;
  - Each prisoner shall be permitted to retain four changes of underwear, four pairs of socks, and one pair of shower slippers; and
  - DOC shall provide secure, readily-accessible storage for the personal property of each punitive segregation prisoner;
  - When punitive segregation prisoners go outside the facility, DOC shall provide access to appropriate outer garments.
Minimum Standards 1-05 and 1-08
- Granted February 9, 2021
- Allows the Department to provide young adults (ages 18 through 21) housed in Secure Units with a minimum lock-out time of ten (10) hours per day and access to law library services by means of a law library kiosk and typewriters in the Secure Units
- In effect until August 27, 2021
- This variance was granted with conditions.
- This variance is an extension of a variance granted with conditions on May 10, 2016. The variance was also renewed on October 11, 2016, November 15, 2016, May 15, 2017, June 13, 2017, July 11, 2017, September 12, 2017, November 14, 2017, May 8, 2018, November 23, 2018, May 14, 2019, November 12, 2019, May 12, 2020, and November 10, 2020.
Minimum Standard 1-16(c)(1)(ii)
- Granted March 17, 2021
- Allows the Department to house people in custody ages 18 through 21 in Enhanced Supervision Housing
- In effect until September 17, 2021
- This variance was granted with conditions.
- This variance is an extension a variance granted with conditions on July 11, 2017. This variances replaced two variances (one for 18 year olds and one for 19-21 year olds) granted on October 11, 2016 and both renewed on February 14, 2017. The variances were consolidated and renewed on August 15, 2017, November 16, 2017, May 8, 2018, November 13, 2018, February 12, 2019, July 9, 2019. February 11, 2020, July 14, 2020, and November 2020. The variance lapsed from February 22, 2021 to March 9, 2021, when it was renewed for one week.