Wis. Admin. Code DOC — Department of Corrections

Chapter DOC 302 INMATE CLASSIFICATION, SENTENCE, AND RELEASE PROVISIONS

Subchapter I General Provisions

Wis. Admin. Code § DOC 302.01 Applicability {#sec-doc-302.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.01}

Under authority vested in the department by ss. 227.11 (2), 301.02, 301.03 (2), 301.21, 302.07, 302.25, 302.26, and 302.27, Stats., the department adopts this chapter, which applies to the department and all inmates in its legal custody for implementation of ss. 301.046, 301.048, 301.055, 302.043 302.045, 302.05, 302.055, 302.07, 302.08, 302.11, 302.113, 302.114, 302.15, 302.18, 303.065, 303.068, 973.01, and 973.013, Stats.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2018.

Wis. Admin. Code § DOC 302.02 Purpose {#sec-doc-302.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.02}

The purpose of this chapter is to provide procedures for inmate classification, sentence, and release provisions that include all of the following objectives.

(1) The objectives of inmate classification include all of the following:

(a) Establish a dedicated and centralized inmate classification process to determine custody, program need, institution placement assignments, and movement of inmates.

(b) Classify every inmate based on factors related to public, staff, and inmate safety, institution security, mission of the department, and needs of the inmate.

(d) Involve inmates in the process of determining custody, program need, and institution assignment.

(e) Provide a record of custody, program need, and institution placement assignments.

(2) The objectives of sentence and release provisions includes all of the following:

(a) Establish processes for inmate release from court imposed periods of incarceration.

(b) Review judgments of conviction and court orders received for legality and clarity.

(d) Inform inmate of calculated dates.

(e) Utilize calculated dates to facilitate the legal release of inmates from prison and offenders from supervision.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.03 Definitions {#sec-doc-302.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.03}

In this chapter:

(1) “Administrator” means the administrator of the DAI or designee.

(1m) “Admission to DAI” means the placement of a person under the custody and control of the DAI, following sentencing or revocation of probation, discretionary parole, mandatory release parole, or extended supervision.

(2) “Agent” means a probation and parole agent.

(4) “Applicable percentage” means 85% for a Class C to E felony or 75% for a Class F to I felony.

(5) “Assaultive activity” means an action that occurs inside or outside an institution and that results in or is intended to result in physical harm to another.

(6) “Bifurcated sentence” means a sentence under s. 973.01, Stats.

(7) “Bureau of offender classification and movement” or “BOCM” means the DAI bureau that administers the classification and movement of inmates.

(8) “Challenge incarceration program” or “CIP” means a program that incorporates manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and age appropriate strenuous physical exercise resulting in earned release from confinement under s. 302.045, Stats.

(9) “Classification sector chief” means a BOCM supervisor.

(10) “Classification specialist” means a BOCM staff member who completes processes associated with the assignment of inmate custody, program need, and institution placement.

(11) “Custody classification” means the assessed risk level assigned to an inmate for purposes of institution placement.

(12) “DAI” means the division of adult institutions in the department of corrections.

(13) “DCC” means the division of community corrections in the department of corrections.

(14) “Department” means the department of corrections.

(15) “Detainer” means a writ or other legal instrument issued by a competent officer directing the warden or superintendent of an institution to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.

(16) “Director” means the director of BOCM or designee.

(17) “Disciplinary hearing” means a hearing authorized under ch. DOC 303 for the discipline of inmates for misconduct.

(18) “Discretionary parole” means release of an inmate from an institution by parole grant under ch. PAC 1.

(19) “Discretionary parole violator” means an inmate who has been released by the parole commission under s. 304.06, Stats., and who violated parole prior to their mandatory release date.

(20) “Disturbance” means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

(a) An assault on any person by two or more inmates.

(b) The taking of one or more hostages.

(d) The refusal by two or more inmates, acting in concert, to comply with an order.

(e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

(21) “Earned release program” or “ERP” means a program that incorporates substance abuse treatment resulting in earned release from confinement under the Wisconsin substance abuse program.

(22) “Emergency” means an immediate threat to the safety of the public, staff, or inmates of an institution, other than a disturbance. An emergency may include any of the following:

(a) A public health threat.

(b) A utility malfunction.

(d) A bomb threat or explosion.

(e) An employee job action.

(f) Any natural disaster.

(g) A civil disturbance.

(h) An inmate escape.

(23) “Enrolled victim” means a victim who has submitted a request to the office of victim services and programs for notification of inmate or offender status changes.

(24) “Extended supervision” or “ES” means the portion of a bifurcated sentence imposed under s. 973.01, Stats., which is served in the community under the supervision of the DCC.

(25) “Extended supervision violator” is an offender who violated extended supervision after the release date.

(26) “Extra good time” means credit for diligence and is earned according to the conditions and procedures set forth in ss. DOC 302.22, 302.26, and 302.33.

(27) “Extraordinary health condition” or “EHC” means a condition afflicting an inmate such as advanced age, infirmity or disability, or a need for medical treatment or services not available within a correctional institution.

(28) “Good time” means credit earned by inmates that diminishes the period of incarceration and includes both statutory and extra good time. This applies to inmates who committed crimes before June 1, 1984, and did not choose to have 1983 Wis. Act 528 apply to them.

(29) “In custody” means any time an offender spent confined, as described in s. 973.155 (1), Stats., in connection with the violation.

(30) “Initial classification” or “IC” means the process associated with the assignment of inmate custody, program need, and institution placement upon admission to DAI.

(31) “Inmate” means a person who is committed to, under sentence to, and confined in a state prison under s. 302.01, Stats.

(32) “Institution” means a correctional facility under s. 302.01, Stats., a prison under s. 301.048, Stats., and s. 301.046 Stats., or a facility that the department contracts with for incarceration of inmates.

(33) “Interstate correctional compact” or “ICC” means the agreement between the department and other correctional jurisdictions for the incarceration of inmates under ss. 301.21 and 302.25, Stats.

(34) “Life sentence” means any sentence of imprisonment under which the convicted person may remain incarcerated for the rest of their life. “Life sentence” includes the sentence of an inmate who is sentenced to life imprisonment, released on parole or to ES and returned to an institution with or without a new sentence and the sentence of an inmate sentenced to life imprisonment in another jurisdiction.

(35) “Mandatory release” or “MR” means release of an inmate from the institution to supervision as required by s. 302.11, Stats., if not granted discretionary parole or special action release earlier.

(36) “Mandatory release parole violator” means an offender who violated parole after the mandatory release date, regardless of how the offender was originally released.

(37) “Non-bifurcated sentence” means an indeterminate sentence under s. 973.013, Stats.

(38) “Offender” means a person who is committed to the custody of the department for correctional purposes and is under the community supervision of the DCC.

(39) “Office of victim services and programs” or “OVSP” means the office in the department that is responsible for victim information and advocacy.

(40) “Parole-eligible” means qualified to be considered for discretionary parole under s. 304.06, Stats., and ch. PAC 1.

(41) “Parole violator” means a discretionary parole violator or a mandatory release parole violator.

(42) “Positive adjustment time” or “PAT” means a period of time measured in days that can be earned to reduce an inmate’s period of confinement.

(43) “Prisoner” means any person who is incarcerated or imprisoned under s. 301.01, Stats.

(44) “Program need” means the programs, treatment, or services identified by the department to assist in an inmate’s incarceration, reduce the inmate’s risk of reoffending, and enhance the inmate’s successful community reentry.

(45) “Program review committee” or “PRC” means the staff designated to review petitions under s. 302.113 (9g), Stats.

(46) “Projected mandatory release date” means the date an inmate may be released from prison for a non-bifurcated sentence.

(47) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification.

(48) “Records staff” means staff whose job duties include completing sentence computations along with other assigned functions.

(49) “Release eligibility date” means the date that an inmate who is serving a risk reduction sentence under s. 973.031, 2009 Stats., has served 75% of the confinement portion of their sentence.

(50) “Restrictive housing” means housing in which the movement, property, or programming of an inmate may be limited.

(51) “Reviewing authority” means the division of hearings and appeals in the department of administration, upon proper notice and hearing under ch. DOC 331, or the department, if the discretionary parole violator, extended supervision violator, mandatory release parole violator, or parole violator waives a hearing.

(52) “Risk reduction sentence” means a sentence imposed by a court under s. 971.031, 2009 Stats., that results in the inmate’s release to extended supervision upon serving 75% of the sentence, completing a risk reduction plan, and maintaining good conduct as determined by the department.

(53) “Secretary” means the secretary of the department or designee.

(54) “Security classification” ” means the security level of an institution as determined by the department’s review of specific policies, physical plant characteristics, resources and degree of supervision of inmate supervision.

(55) “Security threat group” or “STG” means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.

(56) “Social worker” means the institution social worker to whom an inmate is assigned.

(57) “Special action release” or “SAR” means release of an inmate from the institution to parole supervision by decision of the secretary prior to mandatory release.

(58) “Special action release coordinator” or “SAR coordinator” means the staff member who assembles and submits to the secretary all documents on an inmate relevant to SAR consideration.

(59) “Staff” or “staff member” means a person employed by the department as permanent, project, contract, or limited term employee.

(60) “Statutory good time” means credit for good conduct and for performing all required duties as required under s. 53.11, 1981 Stats.

(61) “Superintendent” means a superintendent or designee at a correctional center as established under s. 301.13, Stats.

(62) “Victim” has the meaning given in s. 950.02 (4), Stats.

(63) “Warden” means the warden or designee at an institution.

(64) “Wisconsin substance abuse program” means a program that incorporates substance abuse treatment resulting in earned release from confinement under s. 302.05, Stats.

(65) “Working days” means all days except Saturdays, Sundays, and state legal holidays.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; (3) renum. to (1m) under s. 13.92 (4) (b) 1., Stats., Register June 2018 No. 750.

Wis. Admin. Code § DOC 302.04 Emergency suspension of rules {#sec-doc-302.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.04}

The secretary may suspend rules specified in this chapter if an emergency occurs that prevents the normal functioning of department operations.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.05 Prison population limits {#sec-doc-302.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.05}

The department shall maintain limits on the number of prisoners at each institution and limits on the number of prisoners system-wide under s. 301.055, Stats. The limits may be exceeded in an emergency or disturbance situation. Given the dynamic nature of these potential capacities, department policy shall address requirements regarding the establishment and computation of system wide and each state prison limits and it shall address procedures by which it may exceed system wide and each state prison limits. The department may provide a single limit and procedure for the Wisconsin correctional center system.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.06 Institution Security levels {#sec-doc-302.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.06}

(1) The department shall classify all institutions as maximum, medium, or minimum security.

(2) Restrictive housing at any institution is considered maximum security.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Subchapter II Inmate Classification

Wis. Admin. Code § DOC 302.07 Applicability {#sec-doc-302.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.07}

This subchapter applies to all inmates who are serving a Wisconsin prison sentence or who are confined in institutions pursuant to an interstate correctional compact.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.08 Inmate Custody {#sec-doc-302.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.08}

The department assigns an inmate custody classification during initial classification and reclassification processes using factors identified in s. DOC 302.11 to achieve all of the following:

(1) Enhance the safety and security of the public, staff, institutions, and inmates.

(2) Match inmate custody assignment to institution security assignment and department resources when possible.

(3) Regulate the supervision and movement of inmates among institutions and between institutions and community programs.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.09 Custody levels {#sec-doc-302.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.09}

Based on the result of an assessment of the inmate’s risk under the initial classification or reclassification process, an inmate is classified under one of the following custody classification levels:

(1) Maximum custody requires very close monitoring of inmate conduct, behavior, and activities.

(2) Medium custody requires moderate monitoring of inmate conduct, behavior, and activities.

(3) Minimum custody requires general monitoring of inmate conduct, behavior, and activities inside the institution and permits placement outside the confines of the institution.

(4) Community custody requires limited monitoring of inmate conduct, behavior, and activities. This classification is used for the following activities:

(a) Work or study release under ch. DOC 324.

(b) Off grounds work projects under the supervision of non-correctional staff under ch. DOC 325.

(d) Leave for qualified inmates under ch. DOC 326.

(e) Community residential confinement under ch. DOC 327.

(f) Intensive sanctions under ch. DOC 333.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.10 Relationship of inmate custody classification to institution security levels {#sec-doc-302.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.10}

An inmate’s custody classification shall be no greater than the designated security level of the institution in which the inmate is placed except for any of the following circumstances:

(1) Inmates housed in restrictive status housing.

(2) Inmates awaiting transfer.

(3) Inmates at institutions in which there is a declared emergency or disturbance.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.11 Factors in assigning a custody classification {#sec-doc-302.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.11}

The department may consider any of the following factors when assigning inmate custody:

(1) The nature, number, and severity of each offense. In evaluating the nature and severity of an offense, the department may consider the following:

(a) Potential of physical danger to another.

(b) Harm done to the victim in the commission of the offense.

(d) Aggravating or mitigating factors in the commission of the offense.

(e) Motivation for the offense.

(2) Length of sentence being served.

(3) Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

(4) Attitude regarding the offense and sentence.

(5) Criminal record and juvenile delinquency adjudications.

(6) Conduct and adjustment during current or prior confinements or community supervision.

(7) Record of escape or walk away from an institution or a mental health facility or absconding from probation, parole, or extended supervision.

(8) Security threat group incidents, activities, or affiliations.

(9) Gender.

(10) Age.

(11) Medical, dental, and mental health status, including physical or psychological treatment and observation.

(12) Risk to a victim, witness, general public, or inmate. In determining this risk, the department may consider the general public’s perception of the offense and the inmate.

(13) Performance or refusal to participate in programs, treatment, or services associated with identified needs.

(14) Pending legal process, notification, or detainer.

(15) Parole commission actions, their stated expectations, and the likelihood of a release during the review period.

(16) History or characteristics of predatory behavior towards others.

(17) History or characteristics of vulnerability to hurt or harm by others.

(18) The results of assessments or instruments developed to assist with the assignment of custody classification.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.12 Requirements for assigning minimum or community custody to an inmate serving a life sentence {#sec-doc-302.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.12}

An inmate serving a life sentence shall have reached parole eligibility under s. 304.06 (1), Stats., or be within 5 years of extended supervision eligibility under s. 973.014, Stats., prior to consideration for a minimum or community custody classification.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.13 Program need assignment {#sec-doc-302.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.13}

(1) The department may assign program needs during initial classification and reclassification processes to achieve all of the following:

(a) Enhancement of safety and security of the public, staff, institutions, and inmates.

(b) Reduction of the inmate’s risk of reoffending.

(2) The department may consider any of the following in assigning program needs:

(a) Factors under s. DOC 302.11.

(b) The results of assessments and screening instruments developed to assist with the identification of program needs.

(d) Federal or state law requirements.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.14 Program enrollment {#sec-doc-302.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.14}

(1) Unless otherwise specified by policies of the department or by state and federal law, inmates shall be considered for program enrollment if all of the following conditions are met:

(a) A need has been identified that will be addressed by the program.

(b) The inmate attains the custody assignment required for placement at the site where the program is available.

(d) The inmate meets the department’s program enrollment requirements.

(2) An inmate may choose not to enroll in programs. Refusal may affect custody classification and institution placement.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.15 Initial classification and reclassification personnel {#sec-doc-302.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.15}

(1) Initial classification hearings shall be conducted by a classification specialist designated by the director.

(2) Each institution shall have a reclassification committee composed of all of the following:

(a) A classification specialist designated by the director to chair the committee.

(b) Up to 3 staff members from institution security, social service or education areas who are designated by the warden and who possess the knowledge and experience necessary to fulfill the responsibilities of this section.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.16 Initial classification procedure {#sec-doc-302.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.16}

(1) An initial classification hearing shall be conducted after the inmate’s admission to DAI to determine custody, institution placement, program need, and the date of the next reclassification hearing.

(2) The director may alter the scope, purpose, and duration of the initial classification process to meet security, resource, or bed needs of the department.

(3) The classification specialist shall ensure all of the following:

(a) Collection, investigation, and documentation of information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.

(b) Completion of department required risk and need instruments.

(d) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.

(e) The inmate has been advised of the recommendation regarding custody classification, program needs, institution placement and next reclassification hearing date.

(f) Production of a report that includes all of the following:

A reason for the inmate’s absence if not present during the hearing
A reason for the hearing and the facts considered.
A summary of the information gathered through pars. (a), (b), and (d).
Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.
A recommendation of custody, program needs, and institution placement.
A recommended date for a reclassification hearing not to exceed 12 months from the date of the initial classification hearing.

(4) The classification specialist may suspend the hearing to investigate any issue affecting custody classification, institution placement, or program need.

(5) If an inmate is unable to be physically present for an initial classification hearing, the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.

(6) If the inmate disrupts or refuses to attend the hearing, the classification specialist may conduct the hearing without the inmate being present.

(7) The director shall review recommended custody, program needs and institution placement, make the final decision, and ensure a date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

(8) The department shall provide the inmate a written copy of the initial classification decision concerning custody, institutional placement, and date of next reclassification hearing.

(9) The inmate shall be advised of the factors upon which the classification is based unless the department determines that release of such information would threaten the security of the prison system.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.17 Reclassification procedure {#sec-doc-302.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.17}

(1) Reclassification hearings shall be conducted by a reclassification committee to determine custody, institution placement, program need, and the date of the next reclassification hearing.

(2) The director may alter the scope, purpose, and duration of the reclassification process to meet security, resource, or bed needs of the department.

(3) Before a reclassification hearing is conducted, institution staff designated by the warden or superintendent shall do all of the following:

(a) Collect, investigate and document information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.

(b) Complete department required risk and need instruments.

(c) Conduct an interview with the inmate that allows the inmate an opportunity to provide information about custody, program need, or institution placement.

(d) Prepare a report for the reclassification hearing that includes all of the following:

The reason for the review and the facts being considered.
A summary of the information gathered through pars. (a), (b) and (d).
A recommendation of custody, program needs, and institution placement.
A statement as to whether the inmate wants to appear or waive attendance at the reclassification hearing.

(4) The classification specialist shall conduct a reclassification hearing that ensures all of the following:

(a) The inmate has been informed of the reason for the review.

(b) Completion of the requirements under sub. (3).

(c) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.

(d) Review of information obtained in sub. (3).

(e) The inmate has been advised of the reclassification hearing recommendation regarding custody classification, program needs, institution placement and next reclassification hearing date.

(f) Production of a report that includes all of the following:

A reason for the inmate’s absence if not present during the hearing.
A reason for the hearing and the facts considered.
The reclassification hearing staff comments regarding custody, program need, and institution placement.
Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.
A recommendation of custody classification, program needs, and institution placement.
A recommended date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

(5) A change in an inmate’s custody or institution placement requires a unanimous recommendation by the reclassification committee. If the committee cannot reach an unanimous recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

(6) A recommendation for program need assignment requires a majority consent by the reclassification committee. If the committee cannot reach a majority recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

(7) The classification specialist may suspend a hearing to investigate any issue affecting custody classification, institution placement, or program need.

(8) If an inmate is unable to be physically present for the interview under sub. (3) (c) or the hearing under sub. (4), the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.

(9) If the inmate disrupts or refuses to attend the hearing, the classification specialist may conduct the hearing without the inmate being present.

(10) The director shall review recommended custody, institution placement and changes, make the final decision, and ensure a date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

(11) The department shall provide the inmate a written copy of the reclassification decision concerning custody, institutional placement, and date of next reclassification hearing.

(12) The inmate shall be advised under sub. (11) of the factors upon which the classification is based unless the department determines that release of such information would threaten the security of the prison system.

(13) When a significant change affecting custody, program need, or institution placement occurs, any of the following may make a request for a reclassification hearing prior to the date set by the last classification hearing:

(a) Director.

(b) Warden or superintendent.

(d) Assigned social worker.

(e) Inmate with a request through the assigned social worker submitted on a form provided by the department.

(14) The classification specialist will approve or deny requests submitted under sub. (13) (d) or (e).

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.18 Subsequent action {#sec-doc-302.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.18}

(1) The director may modify a classification decision made under s. DOC 302.16 or DOC 302.17, without a re-hearing, due to subsequent changes in inmate security needs, program needs, treatment needs, DOC resources, or resulting from an administrative review under s. DOC 302.19.

(2) The department shall provide the inmate a written copy of the modified classification decision.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.19 Administrative review of a classification decision {#sec-doc-302.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.19}

(1) Within 10 calendar days of an inmate’s receipt of a written decision concerning custody, institution placement, or program need, the inmate may request a review of the decision made under s. DOC 302.16 (7), 302.17 (10), or 302.18 if the inmate believes that the decision was based on erroneous information.

(2) Denial of a request for a classification review under s. DOC 302.17 (14) is not subject to review under this section.

(3) Requests for review under this section shall meet all of the following requirements:

(a) The request shall be submitted on an administrative review form provided by the department.

(b) The request shall be legibly handwritten or typed.

(c) The request shall be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.

(d) The request shall include the original inmate signature.

(e) The request shall not exceed 500 words total and not exceed two pages.

(f) The request shall provide relevant supporting documentation that may be accepted at the discretion of the director.

(4) The review shall be completed by one of the following:

(a) The director if the director is not the decision maker under s. DOC 302.16 (7) or 302.17 (10).

(b) The division administrator if the director was the decision maker under s. DOC 302.16 (7) or 302.17 (10).

(5) The director or administrator shall issue a written decision within a reasonable period of time following receipt of the administrative review request. The department shall provide the inmate a written copy of the decision.

(6) The decision under sub. (5) is final.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.20 Transfers {#sec-doc-302.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.20}

(1) The director may transfer an inmate to any institution or location authorized by the department under any of the following circumstances:

(a) As a permanent or temporary placement under s. DOC 302.16, 302.17, or 302.18.

(b) As a temporary placement due to a medical, dental, mental health need.

(2) Under ch. DOC 325, a warden may transfer an inmate to any institution or location authorized by the department as a temporary placement to address clinical, medical or security concerns that exceed the resources of the sending institution.

(3) If the prior permanent placement needs to be re-evaluated following a transfer under sub. (1) (b) or sub. (2) a reclassification hearing shall be conducted within 21 working days of a ch. DOC 303 conduct report disposition.

(4) If the prior permanent placement needs to be re-evaluated following a transfer under sub. 1 or sub. 2, a reclassification hearing shall be conducted within 45 working days of the transfer for clinical of medical reasons.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.21 Recordkeeping {#sec-doc-302.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.21}

The director, classification sector chief, or a classification specialist may document information concerning an inmate between regularly scheduled classification hearings regarding any of the following:

(1) Program or treatment assignments.

(2) Progress of program or treatment assignment.

(3) Physical health.

(4) Mental health.

(5) Conduct and adjustment.

(6) Placement.

(7) Custody level.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Subchapter III Sentence and Release Provisions

Wis. Admin. Code § DOC 302.22 Sentence computation {#sec-doc-302.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.22}

(1) Timeliness. Within a reasonable time frame after an inmate arrives at a correctional institution following sentencing, revocation of probation, discretionary parole, mandatory release parole, extended supervision, return from escape, or staff becomes aware of a change, records staff shall compute the inmate’s parole eligibility date, projected release date, and projected discharge date and inform the inmate in writing of these dates.

(2) Determination of parole eligibility date. For persons sentenced for offenses committed before December 31, 1999, or after December 31, 1999 but sentenced to a non-bifurcated sentence, the inmate’s eligibility for discretionary parole will be determined under s. 304.06, Stats., subject to all of the following:

(a) An inmate serving a life sentence shall be eligible for parole based on one of the following:

If the inmate is not subject to 1983 Wis. Act 528, 1997 Wis. Act 283, or 2001 Wis. Act 109, the inmate is eligible for parole after serving 11 years and 3 months. This period may be extended for misconduct by loss of earned good time under s. DOC 303.72.
If the inmate is subject to 1983 Wis. Act 528 and has been ordered eligible for parole by the court, the inmate is eligible for parole after serving 13 years and 4 months or at a later date ordered by the court. This period may be extended for loss of good time under s. DOC 303.72.

(b) An inmate not serving a life sentence shall be eligible for parole based on one of the following:

If the inmate committed a crime before November 3, 1983, the inmate shall be eligible for parole when 6 months, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.
If the inmate committed a crime on or after November 3, 1983, and was sentenced to a non-bifurcated sentence, the inmate shall be eligible for parole when 25% of the sentence imposed, or 6 months, whichever is greater, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.

(d) If an inmate has more than one sentence, the inmate shall be eligible for parole on each non-bifurcated sentence. If an inmate has received consecutive sentences, the non-bifurcated sentences shall be computed as one continuous sentence for purposes of determining the parole eligibility date.

(e) An inmate serving a bifurcated sentence is not eligible for release on parole under that sentence.

(3) Determination of projected mandatory release date for an inmate serving a non-bifurcated sentence.

(a) For an inmate subject to sentencing under law prior to 1983 Wis. Act 528, all of the following apply:

The projected mandatory release date shall be the maximum term to which the inmate was sentenced, reduced by any of the following:

a. Sentence credit granted under s. 973.155, Stats.

b. Statutory good time earned under s. 53.11, 1981 Stats.

c. Extra good time earned under s. 53.12, 1981 Stats.

Statutory good time shall be credited from the beginning date of the inmate’s sentence.
Extra good time shall be credited beginning on the date following the inmate’s date of arrival at the institution.
For an inmate who is serving consecutive sentences for crimes that were committed before the person was admitted to DAI under any of the sentences, records staff shall treat the sentences as one continuous sentence for the purposes of statutory good time credit.
For an inmate who is serving a consecutive sentence for a crime that was committed while serving another sentence or on parole, records staff shall treat that sentence as a separate sentence and compute statutory good time as if the consecutive sentence were a first sentence.
The projected mandatory release date may be modified based on any of the following:

a. The inmate was released on parole.

b. The date was extended due to forfeiture of earned statutory good time or extra good time for violation of a disciplinary rule under s. DOC 303.72.

c. Any period during which an inmate was in a status under which he or she was not earning extra good time.

d. The inmate was approved to waive entitlement to mandatory release in accordance with s. DOC 302.32.

(b) For an inmate subject to sentencing under 1983 Wis. Act 528, the projected mandatory release date shall be subject to all of the following:

Statutory or extra good time may not be earned.
The term of incarceration shall be two-thirds of the maximum term to which the inmate was sentenced reduced by any sentence credit granted under s. 973.155, Stats.
An inmate who was sentenced for crimes committed before June 1, 1984, but who chose to have 1983 Wis. Act 528 apply to him or her shall have their mandatory release date extended by prior forfeitures of statutory and extra good time for misconduct in the institution or while the inmate was on parole.
The projected mandatory release date of an inmate who is serving consecutive sentences shall be calculated by treating all consecutive sentences, no matter when the inmate’s crimes were committed, as one continuous sentence.
The projected mandatory release date may be modified based on any of the following:

a. The inmate was released on parole.

b. The date was extended under s. DOC 303.72.

c. The inmate was approved to waive entitlement to mandatory release in accordance with this chapter.

(c) For an inmate serving concurrent sentences imposed at the same time, records staff shall consider the longer sentence as governing.

(d) Each sentence shall begin on the date the sentence is imposed. Sentence credit shall be applied under s. 973.155, Stats.

(e) For an inmate serving concurrent sentences imposed at different times, records staff shall treat each sentence as beginning on the date that the sentence was imposed. Sentence credit shall be applied under s. 973.155, Stats.

(4) Determination of extended supervision date. For an inmate serving a bifurcated sentence, the extended supervision date shall be subject to the following:

(a) The term of confinement shall be the maximum term of confinement to which the inmate was sentenced, reduced by any sentence credit granted under s. 973.155, Stats.

(b) The extended supervision date of an inmate who is serving consecutive sentences shall be calculated by treating all consecutive sentences, no matter when the crimes were committed, as one continuous sentence.

(d) The extended supervision date may be extended if the inmate is approved to waive release under s. DOC 302.32.

(5) Determination of release date for consecutive bifurcated and non-bifurcated sentences.

(a) The projected release date of an inmate who is serving consecutive sentences shall be calculated by treating all consecutive sentences, no matter when the crimes were committed, as one continuous sentence.

(b) Inmates serving consecutive sentences shall serve all periods of incarceration in prison prior to serving periods of community supervision.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.23 Sentence Clarification {#sec-doc-302.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.23}

If the records staff determine that the terms of an imposed sentence or any other communication from the court are ambiguous, unclear, or potentially in conflict with sentencing statutes, the records staff shall notify the sentencing court and inmate in writing.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.24 Sentence credit {#sec-doc-302.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.24}

(1) Sentence credit determination and appropriate orders shall be in accordance with s. DOC 331.13 in all of the following situations:

(a) When parole or extended supervision is revoked and sentence is credited subject to the provisions of s. DOC 302.25, 302.26, 302.27, or 302.29.

(b) When probation is revoked for a probationer whose sentence was imposed and stayed.

(c) When judgments have been entered prior to May 17, 1978, the effective date of 1977 Act 354 creating s. 973.155, Stats.

(2) In situations not covered by sub. (1) the sentencing court shall determine sentence credit.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.25 Discretionary parole violators not subject to 1983 Wis. Act 528 {#sec-doc-302.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.25}

(1) This section applies to an inmate to whom all of the following apply:

(a) The inmate committed their crime before June 1, 1984.

(b) Did not choose to have 1983 Wis. Act 528 apply.

(d) Violated terms and conditions of parole prior to their mandatory release date and whose supervision is revoked.

(2) The inmate shall receive credit for time served on the sentence from the beginning date of the sentence until the date of violation under sub. (1) (d) determined by the reviewing authority under ch. DOC 331 or HA 2.

(3) The inmate shall receive credit, for all days in custody , authorized under s. 973.155, Stats., in connection with the violation. Credit shall be verified by the reviewing authority. Credit will also be applied to the applicable case when presentence credit is granted after revocation and during the current reincarceration of the inmate. Statutory good time shall be earned for all days in custody.

(4) The reviewing authority shall consider all of the following when making a decision regarding revocation:

(a) Statutory and extra good time may be forfeited.

(b) The amount of good time forfeited may not exceed the good time earned as of the date of violation under sub. (1) (d).

(d) Statutory good time shall be earned at the rate being earned on the date of violation under sub. (1) (d).

(5) The inmate must serve the sentence to the recalculated mandatory release date which, based on the decision of the reviewing authority, may include one or both of the following:

(a) Tolled time as defined in s. DOC 328.03 (40).

(b) Forfeited good time, less good time earned on the forfeited good time.

(6) The maximum discharge date shall be extended by the amount of time tolled.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.26 Mandatory release parole violators not subject to 1983 Wis. Act 528 {#sec-doc-302.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.26}

(1) This section applies to an inmate to whom all of the following criteria apply:

(a) Committed their crime before June 1, 1984.

(b) Did not choose to have 1983 Wis. Act 528 apply to their.

(2) The inmate shall receive credit for time served on the sentence from the beginning date of the sentence to the mandatory release date for the sentence.

(3) The inmate shall receive credit, for all days in custody , authorized under s. 973.155, Stats., in connection with the violation under sub. (1) (c). Credit shall be verified by the reviewing authority. Credit will also be applied to the applicable case when presentence credit is granted after revocation and during the current reincarceration of the inmate. Statutory good time shall be earned for all days in custody.

(4) The reviewing authority shall consider all of the following when making a decision regarding revocation:

(a) Statutory and extra good time may be forfeited.

(b) The amount of good time forfeited may not exceed the amount of time from the mandatory release date to the maximum discharge date.

(d) Statutory good time may be earned at the rate applicable on the mandatory release date.

(5) The inmate’s maximum discharge date may be extended by an amount of time no greater than the amount of time tolled under s. DOC 328.25 and ch. DOC 331 plus the period from the mandatory release date to the date of violation.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.27 Parole violators subject to 1983 Wis. Act 528 {#sec-doc-302.27 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.27}

(1) This section applies to an inmate who has violated terms and conditions of parole, whose supervision is revoked, and to whom one of the following criteria applies:

(a) Committed their crime on or after June 1, 1984.

(b) Chose to have 1983 Wis. Act 528 apply to him or her.

(2) The inmate shall receive credit toward the satisfaction of the sentence from the beginning date of the sentence to the date of release to community supervision.

(3) The inmate shall receive credit, for all days in custody , authorized under s. 973.155, Stats., following the date of release. Credit shall be verified by the reviewing authority. Credit will also be applied to the applicable case when presentence credit is granted after revocation and during the current reincarceration of the inmate.

(4) The inmate may be required by the reviewing authority to serve a period of confinement in a correctional institution up to the remainder of the sentence. The remainder of the sentence is the entire sentence less time served in custody prior to release to community supervision.

(5) This period of confinement ordered by the reviewing authority may be extended for misconduct in accordance with s. DOC 303.72.

(6) The inmate’s maximum discharge date shall be recalculated by adding the remainder of the sentence to the date of custody after violation and subtracting credit received.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.28 Discretionary release for parole violators {#sec-doc-302.28 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.28}

Nothing in this chapter shall limit the authority of the chairperson of the parole commission to grant a discretionary parole in accordance with ch. PAC 1 to an inmate who had been previously paroled and had their supervision revoked.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.29 Extended supervision violators {#sec-doc-302.29 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.29}

(1) This section applies to inmates who are serving a bifurcated sentence and whose extended supervision has been revoked.

(2) An inmate who has had their extended supervision revoked shall serve a period of reconfinement up to the entire term of the sentence less time served in custody prior to release to community supervision. The period of reconfinement may be adjusted by any of the following:

(a) Credit toward the satisfaction of the sentence from the beginning date of the sentence to the date of release to community supervision.

(b) The inmate shall receive credit as determined by the reviewing authority for all days in custody following the date of release. Credit will also be applied when presentence credit is granted after revocation and during the current reincarceration of the case to which the credit applies. This period of reconfinement ordered by the reviewing authority may be extended for misconduct in accordance with s. DOC 303.72.

(3) An inmate’s maximum discharge date shall be recalculated by adding the remainder of the sentence to the date of custody after violation and subtracting credit received. The remainder of the sentence is the entire sentence less time served in custody prior to release to community supervision.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.30 Revocation of probation {#sec-doc-302.30 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.30}

(1) A probationer whose probation is revoked shall receive credit toward the satisfaction of the sentence, including sentence credit in accordance with s. 973.155 (1), Stats. Probationers who before June 1, 1984 committed the crime for which they were sentenced and did not choose to have 1983 Wis. Act 528 apply to them shall receive credit for statutory good time earned while in custody.

(2) If the probationer has already been sentenced, the term of the sentence shall begin upon revocation.

(3) If the probationer has not been sentenced, both of the following shall apply:

(a) The probationer shall be returned to court for sentencing.

(b) The term of the sentence shall begin on the date of sentencing unless the sentence is consecutive to another sentence.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.31 Effect of escape on sentence {#sec-doc-302.31 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.31}

The following shall apply to the sentence calculation of an inmate who escapes from custody:

(1) An inmate who escapes from custody shall receive no credit toward the service of the sentence during the period the person is unlawfully absent from custody.

(2) An inmate shall be regarded as unlawfully absent unless he or she is in the custody of law enforcement officials of any state or the United States.

(3) An inmate may not receive credit for time in custody while serving a sentence for a crime committed in a jurisdiction outside of Wisconsin while in escape status.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.32 Waiver of good time, mandatory release, or release to extended supervision {#sec-doc-302.32 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.32}

(1) An inmate may make a request to waive good time, mandatory release, or release to extended supervision.

(2) The inmate’s request shall be in accordance with all of the following:

(a) Requests shall be submitted in writing to their assigned social worker.

(b) Requests shall be submitted between 30 and 90 days before the projected mandatory release date or extended supervision date.

(c) The amount of good time waived, the extension of the mandatory release date, or extended supervision date shall not exceed 180 days.

(d) Good time, mandatory release, or extended supervision that is waived shall not be reinstated, except for good cause.

(3) The administrator shall approve or deny waivers based on resources of the department and needs of the inmate.

(4) The decision shall be in writing and not subject to appeal.

(5) The warden may submit a request to waive good time, mandatory release, or release to extended supervision on behalf of the inmate in extraordinary situations. Requests made under this subsection are not subject to s. DOC 302.32 (2).

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.33 Extra good time for inmates not covered by 1983 Wis. Act 528 {#sec-doc-302.33 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.33}

(1) This section applies to inmates who committed their crime before June 1, 1984 and did not choose to have 1983 Wis. Act 528 apply to them.

(2) An inmate shall earn extra good time under all of the following circumstances:

(a) By performing above average in a vocational, education, or job assignment.

(b) By being involuntarily unassigned.

Administrative confinement under ch. DOC 308.
Observation under ch. DOC 311.
Temporary lockup under s. DOC 303.10
Disciplinary separation under s. DOC 303.72.
Out of the institution for a court or medical appointment.

(3) An inmate shall earn one day of extra good time credit for every 6 days in an eligible status.

(4) If an inmate is entitled to extra good time for any fraction of a calendar day, that whole day shall be credited.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.34 Special action release program {#sec-doc-302.34 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.34}

(1) In accordance with s. 304.02, Stats., the special action release program authorizes the secretary to relieve crowding in institutions by releasing select inmates to parole supervision other than by mandatory release or a discretionary parole.

(2) To be eligible for special action release consideration, the inmate shall meet all of the following:

(a) Be parole-eligible under s. 304.06, Stats., and ch. PAC 1.

(b) Not be serving a life sentence.

(d) Not have been previously granted a special action release under this section if currently serving time on a new criminal conviction.

(e) Have served a minimum of 6 months in the Wisconsin prison system.

(f) Be within 18 months of mandatory release on the date of the special action release.

(g) Never have had a felony or misdemeanor conviction for an assaultive crime.

(h) Have no known history of assaultive conduct inside or outside of a correctional institution, except that an inmate who has a known history of assaultive conduct that did not result in a conviction may be considered for special action release if one of the following applies:

The conduct occurred more than 5 years prior to SAR review by the social worker under sub. (5).
The inmate acted in self-defense or defense of property.
The inmate is to be released to a structured living arrangement such as a halfway house.
The inmate’s conduct was an isolated incident not likely to be repeated.
The inmate’s age or physical condition makes repeat of the assaultive conduct unlikely.

(i) If an active detainer exists in another jurisdiction, the remainder of that sentence is equal to or longer than the remainder of the Wisconsin sentence and the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

(j) Have an approved parole plan.

(k) If to be supervised in another state, shall be accepted for supervision by that other state.

(L) Agrees to intensive supervision and any other special conditions the agent or secretary may impose.

(3) An inmate is eligible for special action release to parole supervision without meeting the eligibility criteria of sub. (2) if all of the following conditions are met:

(a) The inmate population equals or exceeds the statewide inmate population limit promulgated by rule under s. 301.055, stats.

(b) The inmate is not currently incarcerated regarding a felony conviction for an assaultive crime.

(c) The institution social worker or the agent has reason to believe the inmate will be able to maintain himself or herself in society without engaging in assaultive activity.

(d) The inmate is not granted a special action release more than 18 months before their expected release date under s. 302.11, stats.

(e) The inmate is eligible for release under s. 304.06 (1) (b), Stats.

(4) An inmate may waive eligibility for SAR consideration at any time by notifying the institution social worker, except that an inmate who has an active detainer may not waive eligibility for SAR consideration. To reestablish eligibility following a waiver, the inmate shall notify the institution social worker that the inmate no longer waives eligibility for SAR consideration.

(5) The following steps shall be taken in preparing an SAR referral:

(a) The social worker shall review inmate files to identify inmates who may be eligible for SAR consideration. The social worker may contact the agent to obtain further information concerning an inmate’s eligibility.

(b) If an inmate appears to be eligible for SAR consideration, the social worker in consultation with the inmate shall develop a parole plan that considers the inmate’s institutional conduct, the inmate’s resources, and plans for the inmate’s residence and job placement upon release.

(c) The social worker shall send a copy of the parole plan to the agent, the SAR coordinator, and the social worker’s supervisor.

(d) The department shall notify in writing the office of the district attorney that prosecuted the inmate, the court that sentenced the inmate, and the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06 (1) (f), Stats., that the inmate is being considered for SAR. The notice shall advise the district attorney, court, and the victim that they are permitted to submit written comments regarding the proposed release, which will be placed in the special action release record developed by the SAR coordinator for the secretary. The notice shall be mailed at least 21 days before the secretary under sub. (5) makes a decision concerning the release of the inmate.

(e) Upon receipt of the parole plan from the social worker, the agent shall carry out an investigation to determine if the plan is appropriate and shall include in that investigation assessments of the inmate’s proposed residence, employment, and community treatment plans.

(f) If the plan is not appropriate, the agent shall suggest alternatives to the inmate and social worker and attempt to develop an acceptable plan in consultation with the inmate and social worker.

(g) In addition to the rules provided under ch. DOC 328, the agent may develop additional written rules and specific conditions for the inmate’s parole supervision to achieve the goals and objectives of supervision under ch. DOC 328.

(h) The agent shall write a report that shall include the results of the agent’s investigation. The report shall address probable reaction to the inmate in the community where the inmate proposes to reside and shall contain other relevant information that is not available to the institution.

(i) The agent shall send a copy of the report under par. (h) to the SAR coordinator.

(j) The SAR coordinator shall assemble all relevant documents on an inmate, including the inmate’s parole plan, the agent’s report, any comments received from the district attorney’s office, judge, or victim, a summary of the inmate’s arrests and convictions, reasons why the parole commission denied parole, if applicable, and any other relevant information requested by the secretary.

(k) The SAR coordinator shall submit the relevant information to the secretary for consideration.

(6) The secretary may consider the following factors in deciding whether to grant or deny an SAR:

(a) Parole eligibility.

(b) The inmate’s criminal record, the nature of the offense of which the inmate was convicted, and any known history of assaultive conduct outside a correctional institution.

(d) Adequacy of the parole plan.

(e) Population pressures.

(f) Risk to the public safety.

(g) Any other factors that relate to whether the inmate will be able to comply with the rules of parole and maintain himself or herself in open society without engaging in assaultive or any other criminal activity.

(7) If the SAR is granted, the secretary may impose in writing any special conditions that are appropriate. The secretary may modify the conditions of the former inmate’s special action release at any time until discharge from supervision, and the agent may modify the rules and specific conditions of the inmate’s parole supervision at any time until discharge from supervision. The conditions that the secretary may impose include the following:

(a) A period of intensive supervision that requires the former inmate to report to the agent on the first day of release and to contact the agent in person at least once a week for a minimum of 90 days, and that requires the agent to visit the former inmate’s place of residence or employment once a month during the period of intensive supervision.

(b) Restrictions on residence.

(d) Restrictions on associations.

(e) Restrictions on possessions.

(f) Restrictions on consumption of drugs and alcohol.

(g) Requirements for inpatient or outpatient treatment, including treatment for alcohol abuse or other drug abuse.

(h) Requirements for training and participation in other self-improvement programs including job training.

(i) Requirements for the former inmate to make himself or herself available for any tests or searches ordered by the agent, including urinalysis, breathalyzer, and blood sample tests, or for search of the former inmate’s residence, person, or any property under their control.

(j) Electronic monitoring.

(k) Any other specific condition to achieve the purpose of maintaining the former inmate in open society without engaging in criminal activity.

(8) The institution where the inmate is incarcerated shall inform the inmate of the decision to grant or deny an SAR and, if granted, of any conditions imposed on the inmate’s release.

(9) Before the inmate is released, the department shall notify the municipal police department and the county sheriff for the area where the inmate plans to reside and shall notify the victim of the crime committed by the inmate, if the victim submits a card under s. 304.06 (1) (f), Stats., and if the victim can be found.

(10) An offender released under special action release who violates the rules or conditions of their supervision is subject to revocation under ch. DOC 331 procedures.

(11) The secretary’s decision is final and not subject to appeal.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction in (5) (i) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754.

Wis. Admin. Code § DOC 302.35 Certain earned releases {#sec-doc-302.35 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.35}

(1) The department may release to extended supervision or to another sentence inmates who are serving the confinement portion of a bifurcated sentence under s. 302.113 (9h), Stats., of 2009, repealed by 2011 Wisconsin Act 38, and who meet all of the following criteria:

(a) The inmate is serving a confinement portion of a bifurcated sentence for a misdemeanor or a Class F to Class I felony that is not a violent offense, as defined in s. 301.048 (2) (bm) 1., Stats.

(b) The inmate committed the offense, or was convicted, or sentenced on the offense between October 1, 2009 and August 3, 2011.

(c) The social worker or agent has reason to believe that the inmate will be able to maintain himself or herself while on extended supervision without engaging in assaultive activity.

(d) The release to extended supervision date is not more than 12 months before the inmate’s extended supervision eligibility date.

(2) An inmate is not eligible for certain earned release if any of the following apply:

(a) The inmate is the subject of a bulletin issued under s. 301.46 (2m), Stats.

(b) The inmate has, in his or her lifetime, been convicted of or found not guilty by reason of mental disease or defect of a sex offense, as defined in s. 301.45 (1d) (b), Stats.

(c) The inmate has, in his or her lifetime, been found to have committed a sex offense in another jurisdiction, as defined in s. 301.45 (1d) (am), Stats.

(d) The inmate is required to register under s. 301.45, Stats.

(e) The inmate has, in his or her lifetime, been committed under ch. 975, Stats.

(f) An inmate who is serving, begins to serve, or has served, during his or her current period of confinement, a sentence for a Class A or B felony.

(g) An inmate who is serving, begins to serve, or has served during his or her current period of confinement a sentence for a felony defined in ch. 940, Stats.

(3) The department shall consider all of the following when making a decision to release an inmate under this section:

(a) The inmate meets the eligibility criteria under sub. (1) and is not excluded from consideration under sub. (2).

(b) The inmate has served sufficient time so that release would not depreciate the seriousness of the offense.

(d) The inmate has not refused or neglected to perform required or assigned duties, including programming and treatment identified by the department.

(e) The inmate has participated in and has demonstrated sufficient efforts in required or recommended programs which have been made available by demonstrating one of the following:

The inmate has gained maximum benefit from programs.
The inmate can complete programming and treatment in the community without presenting an undue risk.
The inmate has not been able to gain entry into programming and treatment and release would not present an undue risk.

(f) The inmate has developed an adequate release plan.

(g) The inmate is subject to a sentence of confinement in another state or is in the United States illegally and may be deported.

(h) The inmate has reached a point at which the department concludes that release would not pose an unreasonable risk to the public and would be in the interests of justice.

(4) Release to detainer. An inmate who has an active detainer is eligible for certain earned release consideration without meeting the criteria under sub. (1) (a) and (b) if the detainer concerns a sentence imposed in another jurisdiction and the remainder of the confinement portion of that sentence is equal to or longer than the remainder of the confinement portion of the Wisconsin sentence. In this paragraph, “active” means that the jurisdiction issuing the detainer intends to obtain custody of the inmate immediately upon release.

(5) Prior to its decision to recommend release of an inmate under this section, the department shall notify an enrolled victim for the purpose of giving the victim the opportunity of providing input.

(6) Prior to release of an inmate under this section, the department shall notify an enrolled victim that the inmate is to be released.

(7) Upon the inmate’s release, The department shall notify the court and district attorney.

(8) Release authority. The secretary may release eligible inmates under this section consistent with public safety and reentry goals.

(9) When an inmate who has served less than the entire confinement time of the sentence imposed under s. 973.01, Stats., is released to extended supervision or to another sentence under this section, the term of extended supervision is increased so that the total length of the bifurcated sentence does not change.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.36 Positive adjustment time {#sec-doc-302.36 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.36}

Inmates who are eligible to earn positive adjustment time may petition the sentencing court to adjust the inmate’s sentence under s. 973.198, Stats., in accordance with the following:

(1) The inmate may petition the sentencing court up to 90 days prior to the completion of the confinement portion less positive adjustment time earned if all of the following criteria are met:

(a) The inmate is serving a sentence imposed under s. 973.01, Stats.

(b) The inmate earned positive adjustment time under s. 302.113, 2009 Stats., or s. 304.06, 2009 Stats. in accordance with one of the following:

The inmate serving a sentence imposed prior to October 1, 2009, for a crime committed after December 30, 1999, may earn positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., based on the number of days of positive adjustment time earned between October 1, 2009, and August 3, 2011.
The inmate serving a sentence for a crime committed, conviction entered, or sentence imposed between October 1, 2009, and August 3, 2011, may earn positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., based on the number of days of positive adjustment time earned between October 1, 2009, and discharge from the sentence.

(2) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence by the number of positive adjustment time earned, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

(3) An inmate who files a petition under sub. (1) shall be released to extended supervision or to another sentence only as determined and approved by the court.

(4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.37 Sentence adjustment {#sec-doc-302.37 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.37}

(1) Except as provided in s. 973.198, Stats., an inmate may petition the sentencing court to adjust the sentence if the following criteria are met:

(a) The inmate is serving a sentence imposed under s. 973.01, Stats., for a crime other than a Class B felony.

(b) The inmate served at least the applicable percentage of the term of confinement in prison portion of the sentence.

(2) If the court determines that the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

(3) The court may reduce the length of the term of extended supervision under s. 973.195 (1r) (h), Stats.

(4) If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.38 Challenge incarceration program {#sec-doc-302.38 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.38}

(1) Inmates who are convicted of a crime specified in ch. 940, Stats., or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, Stats., are excluded from eligibility for the challenge incarceration program.

(2) The department or sentencing court shall determine eligibility under one of the following:

(a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.

(b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.

(3) The department may enroll an inmate in the program if all of the following criteria are met:

(a) The inmate is determined to be eligible for participation under subs. (1) and (2).

(b) The inmate has not attained the age of 40 on the date of program entry if sentenced on or after July 26, 2003 or the inmate has not attained the age of 30 on the date of program entry if sentenced before July 26, 2003.

(d) The inmate meets department determined physical, medical, and psychological criteria required for program participation.

(e) The department determines the inmate has a substance abuse need.

(f) The department determines the inmate is suitable for the program. In determining suitability, the department may consider any of the following:

Department policy affecting enrollment in the program.
Department resources.
Inmate needs.
Inmate custody assignment.
Length of sentence being served.
Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

(4) The department may determine participant privileges to support program objectives.

(5) For inmates sentenced for crimes committed before December 31, 1999, the department shall determine successful completion of the program and notify the parole commission who will parole the inmate for that sentence.

(6) For inmates sentenced for crimes committed on or after December 31, 1999, the department shall determine successful completion of the program and notify the sentencing court of the successful completion to initiate a modification of the inmate’s sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate’s bifurcated sentence.

(7) The department shall provide notice to an enrolled victim prior to an inmate’s release under this section.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.39 Earned release program {#sec-doc-302.39 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.39}

(1) Inmates convicted of a crime specified in ch. 940, Stats., or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, Stats., are excluded from eligibility.

(2) The department or sentencing court shall determine eligibility for the program under one of the following:

(a) For inmates sentenced for crimes committed before December 31, 1999, the department determines eligibility.

(b) For inmates sentenced for crimes committed on or after December 31, 1999, the sentencing court determines eligibility.

(c) For inmates who are serving a bifurcated sentence and whose sentence was imposed on or after December 31, 1999, but before July 26, 2003, the inmate may petition the sentencing court with the department’s approval to determine eligibility. The inmate shall serve a copy of the petition on the district attorney who prosecuted him or her.

(3) The department may enroll an inmate in the program if all of the following criteria are met:

(a) The inmate is determined to be eligible for participation under subs. (1) and (2).

(b) The inmate volunteers to participate in the program and agrees to the rules and regulations of the program.

(d) The department determines the inmate is suitable for the program. In determining suitability, the department may consider any of the following:

Department policy affecting enrollment in the program.
Department resources.
Inmate needs.
Inmate custody assignment.
Length of sentence being served.
Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

(4) The department may determine participant privileges to support program objectives.

(6) For inmates sentenced for crimes committed on or after December 31, 1999, the department shall determine successful completion of the earned release program and notify the sentencing court of the successful completion to initiate a modification of the inmate’s sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate’s bifurcated sentence.

(7) The department shall provide notice to an enrolled victim prior to an inmate’s release under this section.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 302.40 Risk reduction sentence {#sec-doc-302.40 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.40}

(1) The sentencing court must impose a risk reduction sentence under s. 973.031, 2009 Stats. to be eligible for consideration under this section.

(2) Inmates convicted of a crime specified in s. 940.03, 940.06, 940.11 (1), 940.235, 940.302, 940.31 (1), 940.32 (3), 941.21, 946.465, 948.03 (2) (a), or 948.40 (4) (a) or for a felony murder under s. 940.03, an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d), an offense related to ethical government, as defined in s. 939.22 (20m), Stats., or an offense related to school safety, as defined in s. 939.22 (20s), 2015 Stats., are excluded from eligibility.

(3) An inmate is suitable for a risk reduction sentence if the inmate meets all of the following criteria:

(a) Is eligible for participation under subs. (1) and (2).

(b) Volunteers to participate in the program.

(d) Participates in formulation of a risk reduction plan.

(e) Successfully completes department designated programs, treatment and services related to the assigned criminogenic program need.

(f) Maintains satisfactory adjustment.

(g) Develops a department approved release plan.

(h) Attains release eligibility date.

(i) Is referred by the department to the sentencing court.

(4) The department shall monitor and review an inmate’s progress toward completion of the risk reduction plan through the reclassification hearing. The risk reduction plan may be modified if programming is unavailable or a new program need is identified.

(5) The department may rescind or withhold a determination regarding the completion of the risk reduction plan based on misconduct or failure to complete any component of the risk reduction plan.

(6) The department shall notify the sentencing court if the inmate has successfully completed the requirements of a risk reduction sentence. The department shall release the inmate within 6 working days upon receipt of a court order modifying the inmate’s bifurcated sentence.

(7) The department will notify an enrolled victim that the inmate will be released under this section.

(8) The department shall release an inmate to extended supervision on or after the inmate’s release eligibility date when the inmate has completed the risk reduction plan under sub. (3).

(9) If an inmate is released after successfully completing the risk reduction plan and demonstrating satisfactory institution adjustment but prior to their release eligibility date, the inmate’s overall sentence shall be reduced by the confinement time not served. The term of extended supervision shall not be increased.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750.

Wis. Admin. Code § DOC 302.41 Extraordinary health condition or geriatric petitions {#sec-doc-302.41 omnilex-key=us-wi-regs-official--agency-doc--DOC 302.41}

(1) An inmate who is serving a bifurcated sentence for a crime, other than a class A or B felony, may seek modification of the bifurcated sentence under s. 302.113 (9g), Stats., if the inmate meets one of the following criteria:

(a) The inmate is 65 years of age or older and has served at least 5 years of the term of confinement in the prison portion of the bifurcated sentence.

(b) The inmate is 60 years of age or older and has served at least 10 years of the term of confinement in the prison portion of the bifurcated sentence.

(2) Time served under sub. (1) (a) and (b) is calculated on each count.

(3) An inmate who meets one of the criterion under sub. (1) may submit a petition to a classification specialist. A petition submitted under this section shall contain documentation required by the department policy.

(4) Upon receipt of a petition from an inmate, the classification specialist shall review the petition to determine if the inmate is eligible to petition under sub. (1).

(5) If the inmate meets the criteria for a hearing, the classification specialist shall schedule a hearing with the PRC to determine if public interest would be served by a modification of the inmate’s sentence under s. 302.113 (9g).

(6) The PRC may request additional information from the agent, social worker, or community agencies.

(7) An inmate who is eligible to petition for modification of the sentence under this section may have an attorney present in proceedings.

(8) During the hearing the inmate or an attorney representing the inmate, if applicable, may provide a written or oral statement regarding the inmate’s petition and whether public interest would be served by a modification of the bifurcated sentence.

(9) The hearing may be conducted in person, by telephone, videoconferencing or other virtual communication at the discretion of the department.

(10) The PRC may defer making a decision at the hearing in order to obtain relevant information that may affect the final decision.

(11) During the hearing, the classification specialist shall summarize the inmate’s petition and case factors being considered.

(12) The department may consider all of the following in determining if public interest would be served by modification of an inmate’s sentence:

(a) Risk to the community/public safety.

(b) Institution adjustment.

(d) Impact on department resources.

(e) Release plan.

(13) The PRC shall do one of the following:

(a) Approve the petition and notify the inmate and the sentencing court that public interest would be served by a modification of the bifurcated sentence.

(b) Deny the petition and notify the inmate that public interest would not be served by a modification of the bifurcated sentence.

(14) The PRC shall prepare a report containing a summary of the information provided at the hearing.

(15) The inmate may not file another petition within one year of the date of the denial by the PRC or the sentencing court.

(16) The department may withhold or rescind a PRC decision based on subsequent changes in safety concerns or in the inmate’s medical condition, conduct, legal status, or release plan.

History

CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

Chapter DOC 303 DISCIPLINE

Subchapter I General Provisions

Wis. Admin. Code § DOC 303.01 Applicability and purposes {#sec-doc-303.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.01}

(1) Pursuant to authority vested in the department of corrections by s. 227.11 (2), Stats., the department adopts this chapter which applies to all inmates in its legal custody regardless of the inmates’ physical placement. This section does not preclude another jurisdiction that has physical custody of the inmate from enforcing its rules related to inmate behavior. This chapter implements ss. 301.03 (2), 302.04, 302.07, 302.08, and 302.11 (2), Stats. The rules governing inmate conduct under this chapter describe the conduct for which an inmate may be disciplined and the procedures for the imposition of discipline.

(2) Discipline includes the dispositions described in ss. DOC 303.70 and DOC 303.72. The objectives of the disciplinary rules under this chapter are the following:

(a) The maintenance of order in correctional facilities.

(b) The maintenance of a safe setting in which inmates can participate in constructive programs.

(d) Fairness in the treatment of inmates.

(e) The development and maintenance of respect for authority, the correctional system, and for our system of government through fair treatment of inmates.

(f) Punishment of inmates for misbehavior.

(g) Deterrence of misbehavior.

(3) Corporal punishment of inmates is prohibited.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.02 Definitions {#sec-doc-303.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.02}

In this chapter:

(1) “Administrator” means an administrator of a division of the department, or designee.

(2) “Authorized” means any of the following:

(a) According to departmental rules.

(b) According to policies, procedures and handbooks.

(d) With permission from the appropriate employee.

(3) “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.

(4) “Body specimen” means biological specimen, including a sample of urine, breath, blood, stool, hair, finger nails, saliva, semen, skin cells, or DNA.

(5) “Case record” means a method of storing information which is accessible by the use of an individual inmate’s name or department identification number.

(6) “Close family member” means natural, adoptive, step and foster parent, spouse, domestic partner, children, grandparent, grandchildren, or sibling. A surrogate parent is within the definition of parent if it is substantiated that the claimed surrogate has stood in the place of a parent and has been charged with the parent’s rights, duties, and responsibilities, either by virtue of voluntary assumption or court appointment.

(7) “Communicate” means to express verbally, in writing, or by means of a gesture or other action, to include electronic transmission.

(8) “Contraband” means any of the following:

(a) Any item which inmates may not possess under this chapter or is not authorized by department policy.

(b) Any item which is not state property and is on the institution grounds but not in the possession of any person.

(c) Any allowable item which comes into an inmate’s possession through unauthorized means or is required to be on the inmate’s property list and is not.

(d) Stolen property.

(e) Damaged or altered property.

(f) Items deemed contraband by the disciplinary committee or hearing officer.

(g) Items directly or indirectly derived from or realized through the commission of any offense under this chapter.

(h) Item used in the commission of any offense under this chapter.

(i) Items in excess of allowable limits.

(9) “Corporal punishment” means the deliberate infliction of pain as retribution for an offense or requiring the performance of tasks meant to humiliate or degrade.

(10) “Department” means the department of corrections.

(11) “Department policy” means any department or division policy, facility procedure, inmate or unit handbook, or other official notice available to the inmate.

(12) “Disciplinary separation” means a punitive, segregated status which is the result of a major penalty.

(13) “Disturbance” means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

(a) An assault on any person by two or more inmates.

(b) The taking of one or more hostages.

(d) The refusal by two or more inmates, acting in concert, to comply with an order.

(e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

(14) “Division” means the division of adult institutions, department of corrections.

(15) “Employee” means any department staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or institution.

(16) “Evidence” means any statement or object which could be presented at a disciplinary hearing or in a court of law, whether or not it is admissible.

(17) “Gambling” means betting on the outcome of all or any part of any game of skill or chance or an athletic contest or on the outcome of any event, or participation in any lottery or sweepstakes.

(18) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(19) “Harass” means to annoy or irritate persistently.

(20) “Hearing officer” means a supervisor assigned to conduct disciplinary hearings.

(21) “Institution” means a correctional institution or correctional facility defined under s. 302.01, Stats.

(22) “Intimate parts” means breast, penis, buttocks, anus, scrotum, or vaginal area or any other parts of the body that may result in sexual arousal or gratification for either party.

(23) “Intoxicating substance” means anything which if taken into the body may alter or impair normal mental or physical functions.

(24) “Member of a household” means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.

(25) “Negotiable instrument” means a writing, signed by the maker or drawer, which contains a promise to pay which is payable on demand or at a specified time, and which is payable to the order of the bearer.

(26) “Personally identifiable information” means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

(27) “Possession” means on one’s person, in any area to which the inmate has been assigned, or under one’s control.

(28) “Record” means any material on which written, drawn, printed, spoken, visual, electromagnetic, electronic or other information recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority.

(29) “Security director” means the security director at an institution or designee.

(30) “Security threat group” means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.

(31) “Serious mental illness” means a diagnosed major mental disorder that is usually characterized by psychotic symptoms, significant functional impairments, or both, including schizophrenia, bipolar disorder, or major depressive disorder.

(32) “Sexual contact” means any of the following:

(a) Touching by the intimate parts of one person to any part of another person whether clothed or unclothed.

(b) Any touching by any part of one person or with any object or device of the intimate parts of another person or any other parts of the body that may result in sexual arousal or gratification for either party.

(33) “Sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration by any part of the body or an object into the anus or vagina of another person.

(34) “Staff member” or “staff” means a person employed by the department as permanent, project and limited term employee.

(35) “Stalking” means an act by an inmate with the purpose of causing that person to suffer emotional distress or to fear bodily injury or death of himself or herself or a member of his or her family or household.

(36) “Substantial bodily harm” means bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.

(37) “Substantial involvement” means direct involvement with an alleged infraction, including being a witness or victim or serving as an investigator of an incident.

(38) “Suffer serious emotional distress” means to feel terrified, intimidated, threatened, harassed, or tormented. For an offense to be proved, it is not required that a victim has received or shall receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress.

(39) “Targeted person” means a person who is the subject of stalking. Targeted person may include a close family member, friend, co-worker or household member of the targeted person.

(40) “Temporary lock up” or “TLU” means a temporary nonpunitive segregated status allowing an inmate to be separated from the general population pending further administrative action.

(41) “Victim” means a person, other than the actor, against whom a violation under this chapter or a crime has been committed.

(42) “Warden” means the warden of an institution, or designee.

(43) “Without consent” means no consent in fact or that consent is given for any of the following reasons:

(a) Because the actor put the victim in fear.

(b) Because the actor purported to be acting under legal authority.

(c) Because the victim did not understand the nature of the act, conduct, or other matter, to which the victim consented.

(44) “Working days” means all days except Saturdays, Sundays, and state legal holidays.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.03 Lesser included offenses {#sec-doc-303.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.03}

(1) If an offense is a lesser included offense of another and the reporting employee charges an inmate with the greater offense, the inmate is also charged with the lesser included offense.

(2) The hearing officer may find an inmate guilty of a lesser included offense even if the reporting employee did not expressly charge the inmate with the lesser included offense.

(3) The hearing officer may not find an inmate guilty of 2 offenses or punish the inmate for 2 offenses based on a single incident if one offense is a lesser included offense of the other.

(4) The hearing officer may not find an offense a lesser included offense of another unless it is so listed in the following table:

(5) All offenses which are lesser included offenses of a substantive offense are listed in Table DOC 303.03.

(6) Aiding and abetting, attempt, and conspiracy are lesser included offenses of any offense.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.04 Conspiracy {#sec-doc-303.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.04}

(1) If 2 or more inmates or others plan or agree to commit one or more acts which are prohibited under this chapter, all inmates may be guilty of an offense.

(2) An inmate who plans or agrees with individuals to commit one or more acts which are forbidden under this chapter is guilty of an offense.

(3) The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses. See Table DOC 303.72.

(4) The number used for conspiracy, in recordkeeping and conduct reports, shall be the number of the offense plus the suffix C.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.05 Attempt {#sec-doc-303.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.05}

(1) An inmate is guilty of attempt to violate a rule if either of the following is true:

(a) The inmate planned to commit one or more acts which would have been a rule violation if actually committed.

(b) The inmate committed one or more acts which showed a plan to violate the rule when the act or acts occurred.

(2) The number used for attempt, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix A.

(3) The penalty for an attempt may be the same as for the completed offense. See Table DOC 303.72.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.06 Aiding and abetting {#sec-doc-303.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.06}

(1) An inmate who does any of the following is guilty of aiding and abetting a rule violation:

(a) Directs, requests, or hires another to commit a rule violation.

(b) Assists another in planning or preparing for a rule violation.

(d) Assists another to prevent discovery of a violation or the identity of the person who committed it.

(e) Has knowledge of a major violation under this chapter that may also violate a criminal law and fails to report the information to an employee.

(2) The reporting employee may charge and the disciplinary committee may find an inmate guilty of aiding and abetting even if no one is charged or found guilty of committing the offense. The principal should, if possible, be identified when the inmate is charged.

(3) The disciplinary committee may impose the same penalty for aiding and abetting as for the substantive offense. See Table DOC 303.72.

(4) The penalty for aiding and abetting shall be based on an appropriate assessment of the facts and the individual’s involvement and need not be the same for all participants.

(5) The number used for aiding and abetting, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix B.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.07 Department policy {#sec-doc-303.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.07}

(1) Institutions may make specific procedures for the operation of the institution in accordance with department policy. Inmates may be disciplined for violations of department policy, including institution regulations or procedures.

(2) Each institution shall maintain at least one official method for notifying inmates about notices of general applicability.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.08 Notice of disciplinary rules {#sec-doc-303.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.08}

(1) The department shall provide inmates with a copy of this chapter when they enter the prison system.

(2) The department shall provide notice of any published changes to this chapter.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.09 Seizure and disposition of contraband {#sec-doc-303.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.09}

(1) Seizure. Any employee who believes that an item is contraband may seize the item. The institution shall return property which is not contraband to the owner or dispose of the property in accordance with s. DOC 309.20 (4) and department policy.

(2) Disposition. The hearing officer or security director shall dispose of items in accordance with s. DOC 309.20 (4) and department policy. If an inmate files a complaint under ch. DOC 310 regarding the seizure or disposition of property, the institution shall retain the property until the final decision on the complaint is made in the inmate complaint review system. Contraband funds shall be deposited in the state general fund.

(3) Inmate reporting. Inmates shall immediately report to staff any property item that becomes damaged.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.10 Temporary lock up: use {#sec-doc-303.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.10}

(1) A security supervisor, security director, correctional center superintendent or warden may place an inmate in TLU.

(2) If the security supervisor places an inmate in TLU, the security director or correctional center superintendent shall review this action within 2 working days. Before this review and the review provided for in sub. (3), the institution shall provide the inmate with the reason for confinement and with an opportunity to respond, either orally or in writing. If upon review, the security director or the correctional center superintendent determines that TLU is not appropriate, the institution shall release the inmate from TLU as soon as practicable.

(3) The institution may not allow any inmate to remain in TLU more than 21 days, except that the warden may extend this period for up to 21 additional days. The administrator may extend an inmate’s time in TLU for a second time. The security director or correctional center superintendent shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate.

(4) The institution may place or retain an inmate in TLU for one or more of the following reasons:

(a) The inmate’s presence in general population may impede a pending investigation or disciplinary action.

(b) The inmate’s presence in general population may be disruptive to the operation of the institution.

(d) The inmate’s presence in general population may create a risk that the inmate shall try to escape from the institution.

(e) If the inmate completes disciplinary separation or administrative confinement and is awaiting placement at the appropriate security level or status.

(5) Institution staff shall document the reasons for TLU placement and shall notify the inmate of the reasons.

(6) The institution shall continue to compensate an inmate who had been earning institution compensation at the rate earned in the inmate’s previous status, except that the institution shall compensate an inmate employed by prison industries in accordance with ch. DOC 313.

(7) If 1983 Act 528 does not apply to the inmate, the inmate shall continue to earn extra good time credit. If an inmate was eligible for positive adjustment time under s. 302.113, 2009 Stats., or under s. 304.06, 2009 Stats., the inmate may earn positive adjustment time while in TLU status between October 1, 2009 and August 3, 2011.

(8) TLU time shall not be considered time served for disciplinary penalty purposes.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter II Offenses Against Bodily Security

Wis. Admin. Code § DOC 303.11 Assault {#sec-doc-303.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.11}

An inmate who does any of the following is guilty of assault:

(1) Causes bodily harm to another.

(2) Engages in a physical altercation with another person.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.12 Aggravated assault {#sec-doc-303.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.12}

An inmate who does any of the following is guilty of aggravated assault:

(1) Causes substantial bodily harm or great bodily harm to another.

(2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

(3) Spits, throws, or uses body fluids or waste or any substance on another.

(4) Causes the death of another.

(5) Uses any item as a weapon to cause bodily harm to another.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.13 Assault on employee {#sec-doc-303.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.13}

An inmate who does any of the following is guilty of assault on an employee:

(1) Causes bodily injury or harm to an employee.

(2) Impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of an employee.

(3) Spits, throws, or uses bodily fluids or waste or any substance on an employee.

(4) Causes the death of an employee.

(5) Uses any item as a weapon to cause bodily harm to an employee.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.14 Sexual conduct {#sec-doc-303.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.14}

(1) An inmate who does any of the following is guilty of sexual conduct:

(a) Requests, hires or tells another person to have sexual intercourse, sexual contact, or engage in sexual conduct.

(b) Exposes the inmate’s own intimate parts to another person for the purpose of sexual arousal or gratification.

(c) Has contact with or performs acts with an animal that would be sexual intercourse or sexual contact if with another person.

(d) Clutches, fondles, or touches the inmate’s own intimate parts, whether clothed or unclothed, while observable by another.

(e) Simulates a sexual act while observable by another.

(f) Kissing, hand holding, hugging, stroking or other physical displays of affection except for that allowed under department policy.

(g) Engages in sexual harassment including repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature.

(2) Consensual acts are prohibited under this section.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.15 Sexual contact or intercourse {#sec-doc-303.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.15}

(1) An inmate who does any of the following is guilty of sexual contact or intercourse:

(a) Has sexual intercourse.

(b) Has sexual contact.

(2) Consensual acts are prohibited under this section.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.16 Sexual assault {#sec-doc-303.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.16}

(1) An inmate who does any of the following with another person with force or the threat of force is guilty of sexual assault:

(a) Has sexual intercourse.

(b) Has sexual contact.

(2) Consensual acts are prohibited under this section.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.17 Sexual assault-aggravated {#sec-doc-303.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.17}

(1) An inmate who does any of the following is guilty of sexual assault-aggravated:

(a) Causes physical injury as a result of a sexual assault.

(b) Uses a weapon in the commission of a sexual assault.

(2) Consensual acts are prohibited under this section.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.18 Threats {#sec-doc-303.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.18}

An inmate who communicates intent to do any of the following to a person is guilty of threats:

(1) Physically harm, harass or intimidate that person or another.

(2) Cause damage to or loss of that person’s or another person’s property.

(3) Make an accusation he or she knows is false.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.19 Stalking {#sec-doc-303.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.19}

An inmate who engages in, causes, or requests a person to engage in any of the acts described in subs. (1) to (12) is guilty of stalking:

(1) Maintaining a visual or physical proximity to the targeted person.

(2) Approaching or confronting the targeted person.

(3) Appearing at the targeted person’s residence, place of employment, or places the targeted person frequents.

(4) Contacting the targeted person or the targeted person’s neighbors, friends, co-workers, household members, or family members.

(5) Causing the targeted person’s telephone to ring repeatedly or continuously, regardless of whether a conversation ensues.

(6) Photographing, videotaping, audio taping, or, through any other means, monitoring, recording, or logging the activities of the targeted person, regardless of where the act occurs and regardless of the means by which the monitoring, recording, or logging is conducted.

(7) Sending material by any means to the targeted person.

(8) Making information available about the targeted person by any means, whether true or false, to any person or in a manner in which the information would become available to any person.

(9) Touching or placing an object on or delivering an object to property owned, leased, or occupied by the targeted person.

(10) Seeking out in any way or possessing documents with personal identifying information pertaining to the targeted person.

(11) Possessing a photograph of, or media article pertaining to, a targeted person whom the inmate has previously been found guilty of stalking. This section shall not apply to an inmate who possesses a photograph of, or media article pertaining to, the inmate’s child, so long as the possession is not otherwise prohibited.

(12) Falsely representing himself or herself as the current or former spouse, boyfriend, girlfriend, close family member, relative, or household member of the targeted person.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter III Offenses Against Institutional Security

Wis. Admin. Code § DOC 303.20 Endangering safety {#sec-doc-303.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.20}

An inmate who endangers the health or safety of employees, inmates, others, or property by any means is guilty of endangering safety.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.21 Inciting a disturbance {#sec-doc-303.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.21}

An inmate who encourages, directs, commands, coerces or signals one or more other persons to participate in a disturbance is guilty of inciting a disturbance.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.22 Participating in a disturbance {#sec-doc-303.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.22}

An inmate who participates in a disturbance, or who remains in a group where some members of the group are participating in a disturbance, is guilty of participating in a disturbance.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.23 Taking a hostage {#sec-doc-303.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.23}

An inmate who seizes, confines, or restrains one or more persons is guilty of taking a hostage.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.24 Group resistance and petitions {#sec-doc-303.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.24}

An inmate who does any of the following is guilty of group resistance and petitions:

(1) Participates in any group activity which is not approved by the warden or is contrary to provisions of this chapter.

(2) Joins in or solicits another to join in any group petition or statement. The following activities are not prohibited:

(a) Authorized activity by groups approved by the warden.

(b) Group petitions to the courts.

(3) Participates in any activity associated with any security threat group or possesses any written materials, symbols or symbolism related to a security threat group.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.25 Cruelty to animals {#sec-doc-303.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.25}

An inmate who causes bodily injury or the unauthorized death of an animal is guilty of cruelty to animals.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.26 Escape {#sec-doc-303.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.26}

(1) An inmate who does any of the following without permission is guilty of escape:

(a) Leaves an institution.

(b) Leaves the custody of an employee or law enforcement personnel while outside of the institution.

(d) Leaves the authorized area to which the inmate is assigned.

(e) Leaves a work or study release site.

(2) Any inmate who makes or possesses any material for use in escape is guilty of an offense.

(3) Any inmate who removes restraints or tampers with doors, locks, or other security devices while outside the institution is guilty of an offense.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.27 Disguising identity {#sec-doc-303.27 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.27}

Any inmate who conceals or disguises the inmate’s usual appearance is guilty of disguising identity.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter IV Offenses Against Order

Wis. Admin. Code § DOC 303.28 Disobeying orders {#sec-doc-303.28 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.28}

(1) Any inmate or group of inmates who disobeys a verbal or written directive or order from any employee is guilty of disobeying orders.

(2) Any inmate who commits an act which violates an order, whether the inmate knew or should have known that the order existed, is guilty of disobeying orders.

(3) Any inmate who violates any administrative rule or department policy is guilty of disobeying orders.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.29 Disrespect {#sec-doc-303.29 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.29}

Any inmate who shows disrespect to any person is guilty of disrespect, whether or not the subject of the disrespect is present and even if the expression of disrespect is in writing. Disrespect includes derogatory or profane writing, remarks or gestures, name calling, yelling, and other acts which are made outside the formal complaint process, which are expressions of disrespect, and which have a reasonable potential to negatively affect institution security, safety, order, or inmate discipline.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.30 Soliciting an employee {#sec-doc-303.30 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.30}

An inmate who does any of the following is guilty of soliciting an employee:

(1) Offers or gives anything to an employee, an acquaintance, or family of an employee. This subsection does not apply to anything authorized by these rules or department policy.

(2) Requests or accepts anything from an employee, an acquaintance, or family of an employee. This subsection does not apply to anything authorized by these rules or department policy.

(3) Buys anything from, or sells anything to, an employee, an acquaintance or family of an employee. This subsection does not apply to items for sale in accordance with department policy.

(4) Requests an employee, an acquaintance or family of a staff member of an employee to purchase anything for the inmate. This subsection does not apply to anything authorized by these rules or department policy.

(5) Requests another person to give anything to an employee, or agrees with another person to give anything to an employee, or an acquaintance of an employee, or family of an employee.

(6) Conveys affection to, or about staff verbally or in writing whether personally written or commercially written or by drawings; or asks for addresses, phone numbers, favors, or requests special attention of an employee, or an acquaintance of an employee, or family of an employee.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.31 Lying {#sec-doc-303.31 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.31}

Any inmate who makes a false written or oral statement which may affect the orderly operation, safety or security of the institution is guilty of lying.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.32 Lying about an employee {#sec-doc-303.32 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.32}

Any inmate who makes a false written or oral statement about an employee outside the complaint review system under ch. DOC 310 is guilty of lying about an employee.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.33 Disruptive conduct {#sec-doc-303.33 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.33}

Any inmate who engages in, causes or provokes disruptive conduct, or whose actions disrupt the orderly operation of the institution, is guilty of disruptive conduct. Disruptive conduct includes physically resisting an employee, horseplay, arguing, any behavior which is loud, offensive or vulgar, or passive behavior which disrupts the orderly operation of the institution.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.34 Unauthorized forms of communication {#sec-doc-303.34 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.34}

Any inmate who does any of the following is guilty of unauthorized forms of communication:

(1) Communicates with another person by a method or with a device not authorized by the department.

(2) Communicates with persons where a court order exists prohibiting contact.

(3) Communicates with persons whom the department has prohibited contact.

(4) Communicates with a victim of a crime for which the inmate has been convicted, or a read-in offense, or victim’s family unless approved by the warden.

(5) Communicates in a manner that harms, harasses or intimidates any person.

(6) Communicates with any person that has not attained the age of 18 unless the person is on the approved visiting list, is approved by the warden, is the inmate’s minor child, or is the minor child of a close family member and the person is not the victim of the inmate’s crime.

(7) Communicates in a manner that is intended to be in code or in a manner that hinders staff’s ability to readily translate, understand or interpret the communication.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.35 False names and titles {#sec-doc-303.35 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.35}

Any inmate who uses any of the following is guilty of false names and titles:

(1) A title for the inmate other than Mr., Ms., Miss, or Mrs., as appropriate.

(2) A name, other than the name under which the inmate was committed to the department, unless the name was legally changed.

(3) The legally changed name without including the name under which the inmate was committed to the department.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.36 Enterprises and fraud {#sec-doc-303.36 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.36}

(1) Any inmate who engages in a business or enterprise, whether or not for profit, or who sells anything except as specifically allowed under other sections is guilty of enterprises and fraud, except for the following situations:

(a) An inmate who was owner or part owner of any lawful business or enterprise prior to sentencing may communicate with the inmate’s manager, partner, or attorney concerning the management of the enterprise or business.

(b) An inmate may write and seek publication of works in accordance with these rules and department policy.

(2) Any inmate who offers to buy or orders any item with the intention of not paying for it or buys it on credit is guilty of enterprises and fraud.

(3) Any inmate who obtains anything of value through any of the following is guilty of enterprises and fraud:

(a) Violating federal or state laws, local ordinances, these rules or department policy.

(b) The fraudulent use of information.

(4) Any inmate who provides or possesses information that could be used to receive access to telephone or other telecommunication services that are not authorized for use by the department is guilty of enterprises and fraud.

(5) Any inmate who provides or possesses false, fraudulent or unauthorized information that could be used to obtain money, property items, or other services of value, is guilty of enterprises and fraud.

(6) Any inmate who obtains or possesses personally identifiable information of any other person with the intent to fraudulently acquire goods or services, or to cause loss or harm, is guilty of enterprises and fraud.

(7) Any inmate who collects, sells or distributes personally identifiable information of another person is guilty of enterprises and fraud.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter V Offenses Against Property

Wis. Admin. Code § DOC 303.37 Theft {#sec-doc-303.37 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.37}

Any inmate who steals the property of another person or of the state is guilty of theft.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.38 Damage or alteration of property {#sec-doc-303.38 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.38}

(1) Any inmate who damages, destroys or alters any property of the state or of another person without written authorization by staff is guilty of damage or alteration of property.

(2) Any inmate who damages, destroys, alters, or disposes of the inmate’s own property, contrary to department policy, is guilty of damage or alteration of property.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.39 Misuse of state or federal property {#sec-doc-303.39 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.39}

Any inmate who uses government property in an unauthorized manner is guilty of misuse of state or federal property.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.40 Unauthorized transfer of property {#sec-doc-303.40 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.40}

Any inmate who gives, receives, sells, buys, exchanges, barters, lends, borrows, or takes any property from another inmate without authorization is guilty of unauthorized transfer of property.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.41 Counterfeiting and forgery {#sec-doc-303.41 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.41}

Any inmate who makes, uses, possesses, or alters any document so it appears that the document was made or signed by a different person; or that the document was signed at a different time or with different provisions is guilty of counterfeiting and forgery.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter VI Contraband Offenses

Wis. Admin. Code § DOC 303.42 Possession or use of money or negotiable instruments {#sec-doc-303.42 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.42}

Except as specifically authorized, any inmate who has in the inmate’s possession or who uses any of the following is guilty of possession or use of money or negotiable instruments:

(1) Coins or paper money.

(2) A check.

(3) A money order.

(4) A savings bond.

(5) A credit card, debit card, gift card, phone card, or information allowing access to or use of the cards or accounts.

(6) Any other negotiable instrument.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.43 Possession of intoxicants {#sec-doc-303.43 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.43}

Except as specifically authorized, any inmate who possesses any intoxicating substance is guilty of possession of intoxicants.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.44 Possession of intoxicant paraphernalia {#sec-doc-303.44 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.44}

Any inmate who possesses any device used in the manufacture of an intoxicating substance or any device used or intended for use in taking an intoxicating substance into the body is guilty of possession of intoxicant paraphernalia.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.45 Possession, manufacture or use of weapons {#sec-doc-303.45 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.45}

(1) Any inmate who makes or alters an item making it suitable for use as a weapon is guilty of possession, manufacture, or use of weapons.

(2) Any inmate who possesses an item which is designed to be used as a weapon is guilty of possession, manufacture, or use of weapons.

(3) Any inmate who possesses an item which could be used in the manufacture of a weapon is guilty of possession, manufacture, or use of weapons.

(4) Any inmate who uses an item as a weapon is guilty of possession, manufacture, or use of weapons.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.46 Possession of tobacco {#sec-doc-303.46 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.46}

(1) Any inmate who possesses a tobacco product is guilty of possession of tobacco.

(2) Any inmate who possesses materials to facilitate the use of tobacco is guilty of possession of tobacco.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.47 Possession of contraband—miscellaneous {#sec-doc-303.47 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.47}

(1) Each institution shall maintain and make available to inmates a list of property which inmates are allowed to possess in accordance with department policies relating to personal property.

(2) Any inmate who possesses any of the following is guilty of possession of contraband-miscellaneous:

(a) Items which are not allowed.

(b) Items which are required to be listed but are not listed on the inmate’s property list.

(d) Personally identifiable information relating to any employee or the employee’s close family member or any other person without the authorization of the warden.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.48 Possession of electronic communication or data storage devices {#sec-doc-303.48 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.48}

Except as specifically authorized, any inmate who possesses any electronic communication, data storage device or related accessories is guilty of possession of electronic communication or data storage devices.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.49 Unauthorized use of the mail {#sec-doc-303.49 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.49}

Any inmate who does any of the following is guilty of unauthorized use of the mail:

(1) Uses a postal service to communicate with a person with whom the inmate has been denied correspondence privileges.

(2) Sends through the mail anything which could be considered contraband.

(3) Makes or alters any postage stamp or alters or erases a postal cancellation mark or possesses any postage stamp that has been altered.

(4) Mails any letter or parcel on which is affixed a canceled postage stamp.

(5) Uses a forged, counterfeit, or altered document, postage stamp or postal cancellation mark.

(6) Attempts to circumvent the requirements under s. DOC 309.04 by sending a letter to a destination with the intent it be forwarded.

(7) Sends food through the mail.

(8) Sends a foreign substance, body fluids, or body wastes, including hair, through the mail.

(9) Sends correspondence which harms, harasses, or intimidates any person.

(10) Falsifies the identity or location of the actual recipient of a letter or parcel.

(11) Mailing or attempting to mail items using a non-institution mailbox or mail collection.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in numbering in (1) to (11) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705.

Subchapter VII Movement Offenses

Wis. Admin. Code § DOC 303.50 Punctuality and attendance {#sec-doc-303.50 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.50}

Inmates shall attend and be on time for scheduled activities. An inmate who violates this section is guilty of punctuality and attendance, unless one of the following exists:

(1) The inmate is sick and reports this fact as required by department policy.

(2) The inmate is authorized to be in another location.

(3) The inmate is authorized to be absent from the activity.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.51 Loitering {#sec-doc-303.51 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.51}

Inmates shall proceed at a normal pace and without stopping or delay, following a designated route when going to and from all activities. Any inmate who violates this section or department policy relating to this section is guilty of loitering.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.52 Leaving assigned area {#sec-doc-303.52 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.52}

Any inmate who leaves a room or area either inside or outside the institution where the inmate is required to be is guilty of leaving assigned area, unless one of the following exists:

(1) The inmate receives permission to leave from an employee supervising the activity.

(2) The inmate has authorization to be elsewhere at that time.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.53 Being in an unassigned area {#sec-doc-303.53 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.53}

Any inmate who, without an employee’s permission, enters or remains in a room or area either inside or outside the institution other than the one to which the inmate is assigned is guilty of being in an unassigned area.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.54 Entry into another inmate’s assigned living area {#sec-doc-303.54 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.54}

Any inmate who reaches, leans or puts any object or part of the body into the assigned living area of another inmate or permits another to do the same in their assigned living area, is guilty of entry into another inmate’s assigned living area, unless the entry is the result of one of the following:

(1) Part of a work assignment and under the supervision of an employee.

(2) Allowed according to department policy.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter VIII Offenses Against Safety and Health

Wis. Admin. Code § DOC 303.55 Improper storage {#sec-doc-303.55 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.55}

Any inmate shall keep toiletries, hobby materials, medications, cleaning supplies, food and any other items in the original containers, and in a designated area. Any inmate who stores any of these items in a different container or in an unauthorized area is guilty of improper storage.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.56 Dirty assigned living area {#sec-doc-303.56 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.56}

Any inmate who does not comply with department policy for orderly and clean assigned living area is guilty of dirty assigned living area, provided the inmate had knowledge of the condition of his or her assigned living area and had the opportunity to clean or rearrange it.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.57 Poor personal hygiene {#sec-doc-303.57 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.57}

(1) Any inmate whose personal hygiene is a health risk to the inmate or others, or is offensive to others, and who has knowledge of this condition and the opportunity to correct it, but does not, is guilty of poor personal hygiene.

(2) Any inmate who fails to comply with department policy regarding personal hygiene is guilty of poor personal hygiene.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.58 Misuse of medication {#sec-doc-303.58 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.58}

Any inmate who does any of the following is guilty of misuse of medication:

(1) Takes more of a prescription medication than prescribed.

(2) Takes a prescription medication more often than prescribed.

(3) Takes a prescription medication which was not prescribed for the inmate.

(4) Possesses or takes any prescription medication except at the time and place specified by the department.

(5) Improperly stores or disposes of medication.

(6) Deceives or attempts to deceive staff as to whether medication has been consumed.

(7) Takes a non-prescribed medication more often than recommended by the medication’s label or health services unit employees.

(8) Gives to or receives from a person any medication without authorization.

(9) Uses or takes medication in a manner that is not prescribed or intended.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.59 Disfigurement {#sec-doc-303.59 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.59}

(1) Any inmate who disfigures, cuts, pierces, removes, mutilates, discolors or tattoos any part of his or her or another person’s body, is guilty of disfigurement.

(2) Any inmate who possesses any item which has been used, altered, or intended to be used to disfigure, cut, pierce, remove, mutilate, discolor, or tattoo is guilty of disfigurement.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter IX Miscellaneous Offenses

Wis. Admin. Code § DOC 303.60 Use of intoxicants {#sec-doc-303.60 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.60}

(1) Any inmate who takes into the inmate’s body any intoxicating substance, except prescription medication in accordance with the prescription, is guilty of use of intoxicants.

(2) When a test on an inmate’s body specimen or a physical examination of an inmate indicates use of an intoxicating substance, the inmate is guilty of use of intoxicants. Confirmation tests shall be completed as follows:

(a) The institution shall confirm results of a test conducted under sub. (2) by a second test if the inmate requests a confirmatory test in accordance with department policy.

(b) An inmate who requests a confirmatory test shall pay for the cost of the test. If the inmate does not have sufficient funds to pay for the cost of the test, the institution in which the inmate is confined shall loan the inmate the necessary funds. If the confirmatory test does not validate the results of the first test, the institution shall refund any money the inmate contributed to the cost of the confirmatory test.

(3) An inmate who fails to provide a timely body specimen, refuses to provide a body specimen, submit to a physical examination, or a breathalyzer test, substitutes or attempts to substitute the specimen, or introduces or attempts to introduce a foreign substance into the specimen, is guilty of use of intoxicants.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.61 Gambling {#sec-doc-303.61 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.61}

Any inmate who gambles, is involved in gambling, or possesses any gambling material is guilty of gambling.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.62 Refusal to work or attend school {#sec-doc-303.62 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.62}

Any inmate who refuses to perform a work assignment or attend school is guilty of refusal to work or attend school.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.63 Inadequate work or school performance {#sec-doc-303.63 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.63}

Any inmate whose work fails to meet the standards set for performance on a work assignment, including a work release placement and project crew, or school program, including study release, and who has the ability to meet those standards, or an inmate who fails to follow work or school rules or safety standards, is guilty of inadequate work or school performance.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.64 Violating conditions of leave {#sec-doc-303.64 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.64}

Any inmate who violates conditions of leave imposed under ch. DOC 326 is guilty of violating conditions of leave.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Subchapter X Disciplinary Procedure and Penalties

Wis. Admin. Code § DOC 303.65 Disciplinary violation dispositions {#sec-doc-303.65 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.65}

The institution may deal with a violation of ss. DOC 303.11 to 303.64 in the following ways:

(1) If a staff member determines that a conduct report is not required, the staff member may counsel and warn the inmate under s. DOC 303.66.

(2) The staff member may dispose of a minor violation under s. DOC 303.76 or 303.77.

(3) Employees may refer any violation to the security director by writing a conduct report as provided under s. DOC 303.67 or an incident report if further investigation is necessary. The security director may deal with these reports as follows:

(a) Dismiss, alter or correct the conduct report as provided under s. DOC 303.68.

(b) Refer the matter to a supervisor to be disposed of in accordance with s. DOC 303.76 or 303.77 if the violation is a minor one.

(c) Refer the matter to a hearing officer to be disposed of in accordance with ss. DOC 303.78, 303.80, or 303.81 if the violation is a major one.

(d) Assign the report for further investigation.

(4) The security director may refer violations of criminal law to law enforcement authorities. The institution may continue the disciplinary process under this chapter regardless of action taken by law enforcement.

(5) If the hearing officer finds an inmate guilty, the hearing officer may refer the inmate to classification to review the inmate’s custody level or location.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.66 Offenses that do not require a conduct report {#sec-doc-303.66 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.66}

(1) The department does not require employees to write conduct reports on all observed violations of the disciplinary rules. Under any of the following conditions, employees may inform the inmate that the inmate’s behavior is against the rules, discuss the inmate’s behavior, offer an informal resolution and give a warning if one of the following applies:

(a) The inmate is unfamiliar with the rule.

(b) The inmate has not violated the same or a closely related rule within the previous year, regardless of whether or not a conduct report was issued.

(d) Although the inmate’s acts were a technical violation of a rule, the purposes of this chapter would not be served by writing a conduct report in the particular situation.

(2) The employee shall write a conduct report if an inmate commits a major offense listed under s. DOC 303.71.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.67 Conduct report {#sec-doc-303.67 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.67}

(1) Except as provided under s. DOC 303.66, any employee who observes or becomes aware of a rule violation shall verify that a violation has occurred and shall write a conduct report. If more than one employee knows of the same incident, only one of them shall write a conduct report.

(2) In the conduct report, the employee shall describe the facts and list the sections of this chapter which were allegedly violated.

(3) If more than one conduct report is written for an inmate for the same incident, the institution shall only complete the disciplinary process on one conduct report.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.68 Review by security office {#sec-doc-303.68 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.68}

(1) The security director shall review any conduct report not processed under s. DOC 303.76 or 303.77 within 5 working days and may do any of the following:

(a) Dismiss a conduct report.

(b) Strike any section number if the statement of facts could not support a finding of guilty of violating that section.

(c) Add any section number if the statement of facts could support a finding of guilty of violating that section and the addition is appropriate.

(d) Refer a conduct report for further investigation.

(e) Determine whether the conduct report should be processed as a major or minor offense. In deciding whether an alleged violation should be treated as a major or minor offense, the security director shall consider the following criteria and shall indicate in the record of disciplinary action the reason for the decision based on these criteria:

Whether the inmate has previously been found guilty of the same or a similar offense, how often, and how recently.
Whether the inmate has recently been warned about the same or similar conduct.
Whether the alleged violation created a risk of serious disruption at the institution or in the community.
Whether the alleged violation created a risk of serious injury.
The value of the property involved.
Whether the alleged violation created a risk of serious financial impact.
Psychological services input for seriously mentally ill inmates.

(2) The security office shall treat any alleged violation of a rule which may result in a suspension of visiting or mail privileges under ch. DOC 309, work or study release under ch. DOC 324, or leave under ch. DOC 325 or 326, as a major offense.

(3) The security office shall treat any conduct report containing at least one charge of a major offense as a major offense, even if it also includes minor offenses.

(4) The security director shall only process one conduct report for an inmate for the same incident.

(5) The security director’s decision under sub. (1) is final.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.69 Minor offenses {#sec-doc-303.69 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.69}

A minor offense is any violation of a disciplinary rule which is not a major offense under s. DOC 303.71 or which the security director has not classified as a major offense.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.70 Minor penalties {#sec-doc-303.70 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.70}

Minor dispositions are limited to one or more of the following penalties:

(1) Reprimand. A reprimand is an oral statement to an inmate addressing the inmate’s behavior when the inmate is found guilty of an offense. The hearing officer or supervisor shall only record the reprimand if no other penalty is given.

(2) Loss of recreation privileges. Recreation privileges include sports and leisure activities outside the cell, either on grounds or off grounds. Recreation privileges may be suspended for a period of time as follows:

(a) 1 to 60 days for inmates in the general population.

(b) 1 to 8 days for inmates in disciplinary separation.

(3) Building confinement. Building confinement is confinement to the building in which the inmate resides. During the period of confinement, the inmate may not leave the building without specific permission. The warden may authorize movement to other areas, including religious services, medical appointments, showers, and visits. Building confinement may be imposed for a period of 1 to 30 days.

(4) Room or cell confinement. During the hours of confinement, the inmate may not leave the inmate’s assigned living area without specific permission. The warden may authorize movement to other areas, including attendance at religious services, medical appointments, showers, and visits, if these must occur during the hours of confinement. Room or cell confinement may be imposed for a period of 1 to 15 days.

(5) Loss of privileges. One or more privileges may be suspended for a single offense, including use of inmate electronics, phone calls, participation in off grounds activities, eating meals in the dining area, or canteen privileges. Specified privileges may be suspended for a period of time as follows:

(a) 1 to 60 days for inmates in general population.

(b) 1 to 8 days for inmates in disciplinary separation.

(6) Assignments without pay. An inmate may be required to work or attend school for up to 80 hours without pay. Work assignments under this provision may be in addition to current assignments.

(7) Restitution. Full or partial restitution may be imposed as a penalty. Restitution is payment to reimburse any person or organization which has incurred expenses or sustained loss by reason of the inmate’s violation of ch. DOC 303 or the violation of ch. DOC 303 by those with whom the inmate acted, including the replacement cost of property, the expenses for medical goods and services, the costs of apprehending, holding, and return of an escaped inmate or inmates, and the costs of investigation of the violation of this chapter. Restitution may be taken from an inmate’s account or from any other assets of the inmate. If the inmate has insufficient assets to pay the ordered restitution in full at the time of the hearing, his or her obligation to pay the restitution shall remain in full force and effect until the time it has been paid in full. Transfer to another institution, release from incarceration, or release from custody of the department shall not terminate the inmate’s obligation to pay ordered restitution. When the amount of restitution is unknown at the time of the hearing, the hearing officer may impose an estimated maximum restitution amount. If the actual amount of restitution is less than the estimated amount, only the actual amount shall be assessed. Restitution may not exceed the estimated amount.

(8) Secure work crews. The hearing officer may give uncompensated secure work crew assignments under ch. DOC 304 as a minor disciplinary sanction to inmates.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.71 Major offenses {#sec-doc-303.71 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.71}

(1) A major offense is a violation of a disciplinary rule for which a major penalty may be imposed.

(2) Any violation of the following sections is a major offense:

(3) Except for an offense listed under sub. (2), an offense may be designated by the security director as either a major or a minor offense under s. DOC 303.68 (1) (e).

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.72 Major penalties {#sec-doc-303.72 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.72}

(1) A major disposition must include one or more of the following and may include one or more of the penalties under s. DOC 303.70:

(a) Extension of release date for inmates under one of the following:

Loss of good time for an inmate who is eligible for credit under s. 53.11 or 53.12, 1981 Stats.
Extension of the mandatory release date for an inmate who is eligible for mandatory release under s. 302.11, Stats.
Extension of extended supervision date for an inmate who is eligible for release under s. 302.113 (3), Stats.

(b) Disciplinary separation under s. DOC 303.73.

(d) Loss of recreation privileges for more than 60 calendar days for inmates in the general population.

(e) Loss of out of cell recreation privileges for more than 8 calendar days for inmates in disciplinary separation.

(f) Building confinement for more than 30 calendar days.

(g) Loss of specific privileges for more than 60 calendar days for inmates in the general population.

(h) Loss of specific privileges for more than 8 calendar days for inmates in disciplinary separation.

(2) The maximum disposition which may be imposed is the most severe disposition the inmate could receive for any individual offense of which the inmate is found guilty. The disposition may not exceed the schedule of penalties in Table DOC 303.72.

(3) Disciplinary separation shall be given for a specific term of 1 to 30 days, and thereafter in increments of 30 days not to exceed the maximum penalty under Table DOC 303.72.

(4) More than one minor or major disposition may be imposed for a single offense and both a major and minor disposition may be imposed for a major offense.

(5) Loss of accumulated good time or extension of the mandatory release or extended supervision date may be imposed as a disposition only where the violation is listed as a major offense under s. DOC 303.71 or is designated as a major offense by the security director under s. DOC 303.68.

(6) For those inmates to whom s. 53.11 or 53.12, 1981 Stats., applies, the number of days of good time lost on one occasion may be based on the number of prior occasions on which the inmate lost good time but shall not exceed the following:

(7) For those inmates to whom s. 302.113 (2) or 302.113 (3), Stats., applies, the number of days the mandatory release date or term of confinement portion of a bifurcated sentence is extended on one occasion may be based on the number of prior occasions on which the inmate lost good time or had his or her mandatory release date or term of confinement extended but shall not exceed the following:

(8) TLU time may not be considered as time served for disciplinary disposition purposes.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.73 Major penalty: disciplinary separation {#sec-doc-303.73 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.73}

(1) Conditions. Disciplinary separation may not exceed the period specified in s. DOC 303.72 (2). The hearing officer may impose disciplinary separation for a major offense. The institution shall provide inmates in disciplinary separation all of the following:

(a) Clean mattress.

(b) Sufficient light by which to read at least 12 hours per day.

(d) Adequate ventilation and heating.

(2) Necessities. The institution shall allow the following for each inmate in disciplinary separation, but the items need not be kept in the cell based on safety and security concerns as determined by the warden:

(a) Adequate clothing and bedding.

(b) A toothbrush, toothpaste, soap, a towel, a face cloth and a small comb.

(d) Nutritionally adequate meals.

(3) Other property. The institution may allow inmates in disciplinary separation access to material pertaining to legal proceedings, law books, and other property allowed by department policy.

(4) Visits and telephone calls. The institution shall permit inmates in disciplinary separation visitation and telephone calls in accordance with ch. DOC 309.

(5) Correspondence.

(a) Inmates in disciplinary separation may receive and send first class mail in accordance with these rules and department policy, relating to mail.

(b) Indigent inmates in disciplinary separation may, upon request, receive writing materials and postage in accordance with s. DOC 309.51 and department policy.

(6) Showers. The institution shall allow inmates in disciplinary separation to shower at least once every 4 calendar days.

(7) Services and programs. The institution shall provide social services, psychological and medical services, program opportunities and an opportunity to exercise for an inmate in disciplinary separation, but the institution shall provide these services at the inmate’s cell, unless otherwise authorized by the warden.

(8) Leaving cell. Inmates in disciplinary separation may not leave their cells except as needed for urgent medical or psychological attention, showers, visits, recreation and emergencies endangering their safety in the cell or other reasons as authorized by the warden. The warden may require inmates in disciplinary separation to wear mechanical restraints, as defined in s. DOC 306.02 (13), while outside their cells.

(9) Release dates. Release dates are not impacted by disciplinary separation.

(10) Pay. Inmates in disciplinary separation shall not earn compensation.

(11) Canteen. Inmates in disciplinary separation may have approved items brought in from the canteen but may not go to the canteen in person.

(12) Special procedures. Institutions may establish procedures for the orderly operation of facilities for inmates in disciplinary separation.

(13) Review of disciplinary separation. The warden may review an inmate’s status in disciplinary separation at any time and may place the inmate in the general population at any time. The warden shall review inmates in disciplinary separation at least every 30 days.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in numbering in (2) to (13) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705.

Wis. Admin. Code § DOC 303.74 Controlled separation {#sec-doc-303.74 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.74}

(1) Use. A security supervisor may order into controlled separation any inmate in segregated status who exhibits disruptive, destructive, or out of control behavior. Staff shall not place an inmate in controlled separation unless a conduct report or incident report is written for the conduct giving rise to the use of controlled separation. When the inmate’s behavior is no longer disruptive, destructive, or out of control, a security supervisor shall remove the inmate from controlled separation.

(a) A security supervisor may not order controlled separation for more than 72 hours.

(b) The security director may extend the placement if the behavior continues. The security director shall review extensions every 24 hours.

(2) Conditions.

(a) The institution shall provide inmates in controlled separation all of the following:

Clean mattress.
Sufficient light by which to read at least 12 hours per day.
Sanitary toilet and sink.
Adequate ventilation and heating.
Clothing consistent with the level of risk.
Essential hygiene supplies.
Nutritionally adequate meals.

(b) While an inmate is acting in a disruptive manner, the institution shall maintain close control of all property in subd. (a) 1., 5., and 6.

(3) Visits. Inmates in controlled separation may not receive visits, except from their attorney or with permission from the warden or security director.

(4) Special rules.

(a) Inmates in controlled separation may not possess any property in the cell except the property described in sub. (2), letters received while in controlled separation, legal materials, and writing materials as long as the property does not pose a security risk. Institutions may establish procedures for the orderly operation of the facilities for inmates in controlled separation.

(b) Inmates in controlled separation may not leave their cells except in emergencies endangering their safety in the cell or with permission from the warden or security director. The warden may require inmates in controlled separation to wear mechanical restraints, as defined in s. DOC 306.02 (13), while outside their cells if the use of mechanical restraints is necessary to protect employees or inmates or to maintain the security of the institution.

(5) Pay. An inmate in controlled separation shall earn compensation if the inmate earned compensation in the previous status.

(6) Records. Staff shall visually check inmates in controlled separation at least once every 30 minutes and make a written record or log entry at each interval noting the condition of the inmate.

(7) Credit. The institution shall give an inmate in controlled separation credit toward a term of disciplinary separation during the period of confinement.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.75 Referral for prosecution {#sec-doc-303.75 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.75}

In addition to enforcing this chapter, the department shall work with local law enforcement and the district attorney so that violations of criminal statutes may be investigated and appropriately referred for prosecution.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.76 Uncontested minor disposition {#sec-doc-303.76 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.76}

(1) Staff may write a conduct report and summarily find an inmate guilty and punish the inmate for minor rule infractions in accordance with this section.

(2) Before an inmate is found guilty and punished under this section, a staff member shall do the following:

(a) Inform the inmate of the nature of the alleged infraction and the contemplated disposition.

(b) Inform the inmate that a supervisor shall review the contemplated disposition, and may impose a different disposition.

(d) Inform the inmate that a disposition under this section must be agreed to and is not appealable.

(3) If the inmate consents to the disposition, the staff shall submit the contemplated disposition to the supervisor for review.

(a) If the supervisor approves, the inmate shall be notified and sign the conduct report agreeing to the disposition.

(b) If the supervisor disapproves of the disposition under this section, the supervisor may do one of the following:

Recommend a different disposition.
Refer the alleged infraction for review under s. DOC 303.68.

(c) If the supervisor approves of a different disposition, the staff shall inform the inmate of the supervisor’s recommendation. The inmate may agree or disagree with the recommended disposition.

If the inmate agrees to the disposition, the inmate shall sign the conduct report.
If the inmate disagrees, the report shall be disposed of under s. DOC 303.77.

(4) If the matter is not referred for processing under s. DOC 303.77, the staff shall impose the disposition or dispositions approved by the supervisor and agreed to by the inmate in accordance with s. DOC 303.70.

(5) Staff shall document dispositions under this section in the record indicating the disposition and approval by the supervisor.

(6) An inmate may not appeal an uncontested minor disposition to which he or she has agreed.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2014 No. 705.

Wis. Admin. Code § DOC 303.77 Contested minor disposition {#sec-doc-303.77 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.77}

(1) Staff may process a conduct report for a minor rule infraction in accordance with this section when an inmate refuses to accept an uncontested minor disposition.

(2) Staff shall do all of the following:

(a) Inform the inmate of the nature of the alleged infraction.

(b) Offer the inmate an opportunity to provide a statement. Staff shall document the inmate’s statement on the appropriate form.

(c) Inform the inmate the conduct report and the inmate’s statement shall be forwarded to the supervisor for review and determination of disposition.

(3) The supervisor shall review the conduct report and inmate’s statement, render a decision and notify the inmate within 5 working days.

(4) If there is a finding of guilt, the supervisor shall impose one or more dispositions in accordance with s. DOC 303.70.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.78 Uncontested major disposition {#sec-doc-303.78 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.78}

(1) An employee may write a conduct report and a supervisor may summarily find an inmate guilty and discipline the inmate for major rule infractions in accordance with this section.

(2) Before an inmate is found guilty and disciplined under this section, a supervisor shall do all of the following:

(a) Inform the inmate of the nature of the alleged infraction and the contemplated disposition.

(b) Inform the inmate that the security director shall review the contemplated disposition, and may impose a different disposition.

(3) If the inmate consents to the disposition, the supervisor shall submit the contemplated disposition to the security director for review.

(a) If the security director approves the disposition under this section, the inmate shall be notified and sign the conduct report agreeing to the disposition.

(b) If the security director disapproves of the disposition under this section, the security director may do one of the following:

Recommend a different disposition.
Refer the alleged infraction for review under s. DOC 303.68.

(c) If the security director approves of a different disposition, the supervisor shall inform the inmate of the security director’s recommended disposition. The inmate may agree or disagree with the recommended disposition.

If the inmate agrees to the disposition, the inmate shall sign the conduct report.
If the inmate disagrees, the report shall be disposed of under s. DOC 303.80.

(4) The supervisor shall document dispositions under this section in the record, indicating the disposition and approval by the security director.

(5) An inmate may not appeal an uncontested major disposition to which he or she has agreed.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.79 Hearing officer {#sec-doc-303.79 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.79}

(1) The warden shall assign a hearing officer to conduct a hearing.

(2) The warden may assign a committee to conduct a hearing. No more than three staff may be assigned. One member of the committee shall be a hearing officer.

(3) No person who has substantial involvement in the incident which is the subject of a hearing may serve as a hearing officer or committee member for that hearing. The hearing officer shall determine the subject matter of the hearing in advance in order to allow substitution of a hearing officer or committee member.

(4) A hearing officer may hold a hearing even if the inmate has waived due process.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.80 Contested major disposition {#sec-doc-303.80 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.80}

(1) Notice. When an inmate is alleged to have committed a major violation and the security director has reviewed the conduct report pursuant to s. DOC 303.68, staff shall give the inmate a copy of the conduct report within 2 working days after review. At any time prior to the hearing, the security director may amend the conduct report to either correct or add information or evidence to be considered at the hearing. The institution shall inform the inmate of all of the following:

(a) The rules which the inmate is alleged to have violated.

(b) The potential dispositions that may be imposed or other results that may occur, including removal from programming or work release.

(d) If the inmate waives the right to a full due process hearing, the inmate shall be given a hearing under s. DOC 303.81.

(e) If a full due process hearing is chosen, the inmate shall be informed of all of the following:

The inmate may present oral, documentary and physical evidence, and testimony from witnesses in accordance with this section and s. DOC 303.84. The hearing officer shall reject any written statement that fails to conform to s. DOC 303.84 (3) and return the statement to the inmate.
The accused inmate may present an oral statement. No written statement by the accused inmate may be submitted, except under extraordinary circumstances as authorized by the security director. A written statement under this paragraph shall only be accepted if the statement is a legibly printed statement limited to 500 words on no more than two sheets of paper, a transcript of an oral statement, or a recorded statement.
The inmate may have the assistance of a staff representative in accordance with this section and s. DOC 303.83.
The hearing officer may permit direct questions or require the inmate or the inmate’s representative to submit questions to the hearing officer to be asked of the witness.
The hearing officer may prohibit repetitive, disrespectful or irrelevant questions.
If the inmate refuses to attend a hearing or is disruptive and removed, the inmate shall forfeit the right to present a defense or to call witnesses. The hearing officer may conduct the hearing without the inmate being present. The hearing officer shall administratively review the conduct report and render a decision based upon the available evidence.

(2) Waiver. An inmate may waive the right to a due process hearing in writing at any time. If the inmate waives a due process hearing, the institution shall dispose of the conduct report under s. DOC 303.81. A waiver does not constitute an admission of the alleged violation. A waiver may not be retracted without the security director’s approval.

(3) Time limits.

(a) The institution may not hold the hearing until at least 2 working days after the inmate receives notice of disciplinary hearing rights and a copy of either the approved conduct report or amended conduct report, whichever is later. The disciplinary hearing shall be held within 21 days of the inmate receiving notice of disciplinary hearing rights unless the security director authorizes an extension of time. The security director may authorize a hearing beyond the 21 day time limit, either before or after the 21st day.

(b) The inmate may also request more time to prepare, and the security director may grant the request. An inmate may waive in writing the time limits provided in this section.

(c) The institution shall toll time for observation and control placements and for any full or partial day when the inmate is out of the institution on a temporary release order.

(4) Place. The due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

(5) Hearing. The hearing officer shall conduct the due process hearing by doing all of the following:

(a) Read the conduct report aloud.

(b) Permit the accused inmate to make an oral statement. An inmate may submit a written statement in lieu of an oral statement only under extraordinary circumstances as authorized by the security director. The written statement under this paragraph shall only be accepted if the statement is a legibly printed statement limited to 500 words on no more than two sheets of paper, a transcript of an oral statement, or a recorded statement.

(c) Question approved witnesses. The hearing officer may accept a written witness statement only if it conforms to the requirements under s. DOC 303.84 (3).

(d) Permit the offering of relevant physical evidence.

(e) Permit questions or require the inmate or the inmate’s staff representative to submit written questions to the hearing officer to be asked of the witness.

(f) Prohibit repetitive, disrespectful or irrelevant questions.

(g) Mark all documentary and physical evidence received into evidence from the accused as “Submitted By The Inmate.”

(h) If an inmate refuses to attend the hearing or disrupts the hearing and is removed, the inmate forfeits the right to present a defense or to call witnesses. The hearing officer shall administratively review the conduct report and render a decision based upon the available evidence.

(6) Decision. After the hearing the hearing officer shall do all of the following:

(a) Deliberate in private as needed.

(b) Consider all relevant information.

(d) Find the inmate guilty or not guilty on each charge and impose a disposition if found guilty. A committee of three may make a decision if at least two of the three members agree. If the committee is comprised of two members, the decision must be unanimous.

(e) Refer the matter to the warden for a decision if the disciplinary committee members do not agree on a finding of guilt or a disposition.

(f) Consider any of the inmate’s defenses or other mitigating factors.

(g) Inform the inmate of the decision.

(h) Provide the accused inmate and the inmate’s staff representative, if any, a written copy of the decision with reasons for the decision.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in numbering in (2) to (6) made under s. 13.92 (4) (b) 1., Stats., September 2014 No. 705.

Wis. Admin. Code § DOC 303.81 Contested major disposition: waiver of due process hearing {#sec-doc-303.81 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.81}

(1) Notice. If an inmate has waived a due process hearing under s. DOC 303.80 and the violation is not disposed of in accordance with s. DOC 303.78, the institution shall dispose of it in accordance with this section.

(2) Time limits. The institution may not hold the hearing until at least 2 working days after the inmate receives notice of disciplinary hearing rights and a copy of either the approved conduct report or amended conduct report, whichever is later. Unless otherwise authorized by the security director, the institution may not hold the hearing more than 21 calendar days after the inmate receives the hearing rights notice and conduct report. The security director may authorize a hearing beyond the 21 day time limit, either before or after the 21st day. The 21 day time limit is not jurisdictional. The inmate may also request more time to prepare, and the security director may grant the request. An inmate may waive in writing the time limits provided in this section. The institution shall toll time for observation and control placements and for any full or partial day when the inmate is out of the institution on a temporary release order.

(3) Hearing. The inmate has no right to a staff representative, to confront witnesses or to have witnesses testify on the inmate’s behalf. The hearing officer shall conduct the hearing by doing all of the following:

(a) Read the conduct report aloud.

(b) Provide the inmate with an opportunity to respond to the report and make a verbal statement about the alleged violation. No written statement by the accused inmate may be submitted.

(d) Mark all documentary and physical evidence received into evidence from the accused as “Submitted By The Inmate.”

(4) Attendance. If an inmate refuses to attend the hearing or disrupts the hearing and is removed, the inmate forfeits the right to provide a statement or evidence. The hearing officer shall administratively review the conduct report and render a decision based upon the available evidence.

(5) Place. The due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

(6) Decision. After the hearing the hearing officer shall do all of the following:

(a) Consider all relevant information.

(b) Render a decision on each charge.

(d) Find the inmate guilty or not guilty on each charge and impose a disposition if found guilty.

(e) Consider any of the inmate’s defenses or other mitigating factors.

(f) Inform the inmate of the decision.

(g) Provide the accused inmate a written copy of the decision with reasons for the decision.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in (4) (title) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705.

Wis. Admin. Code § DOC 303.82 Appeal of contested major or minor disposition or contested major waiver {#sec-doc-303.82 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.82}

(1) The inmate may appeal a disciplinary decision under s. DOC 303.77, 303.80, or 303.81, including procedural errors, to the warden within 10 days after the inmate receives a copy of the decision.

(2) The warden shall review all records and forms pertaining to the appeal and make the decision within 60 days following receipt of the request for appeal.

(3) The warden’s decision shall be one or more of the following:

(a) Affirm the decision.

(b) Modify all or part of the decision.

(d) Return the case for further consideration, to complete or correct the record, to correct any procedural error, or for rehearing.

(4) The warden’s decision is final regarding the sufficiency of the evidence. An inmate may appeal claims of procedural errors as provided under s. DOC 310.06 (2).

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in numbering in (4) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705; CR 16-054: am. (4), Register March 2018 No. 747 eff. 4-1-18.

Wis. Admin. Code § DOC 303.83 Due process hearing: staff representative {#sec-doc-303.83 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.83}

(1) At each institution, the warden shall designate staff representatives for inmates in disciplinary hearings at the institution.

(2) If an inmate or staff representative provides information and evidence to the warden that there is a conflict of interest in the case that would impair a staff representative’s ability to perform his or her duties, the warden shall evaluate the information and evidence to determine if a different representative should be assigned.

(3) The role of the staff representative is to help the accused inmate understand the charges against the inmate and to provide direction and guidance regarding the disciplinary process. The staff representative may use discretion in the performance of this role, including gathering relevant evidence and testimony and preparing the inmate’s own statement. The staff representative may speak on behalf of the accused inmate at a disciplinary hearing or may help the inmate prepare to speak.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register September 2014 No. 705.

Wis. Admin. Code § DOC 303.84 Due process hearing: witnesses {#sec-doc-303.84 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.84}

(1) The accused inmate may make a request to the security director for no more than two identified witnesses in addition to the reporting employee and shall explain the relevance of the witness testimony. The inmate shall make this request within two days of the service of notice of major disciplinary hearing rights. The security director may waive the two day time limit for good cause.

(2) After all witness requests have been received, the security director shall review them to determine whether the witnesses possess relevant information and shall be called.

(3) Written witness statements shall only be accepted if approved by the hearing officer. The hearing officer may consider a legibly printed written statement limited to 500 words on no more than two sheets of paper, a transcript of an oral statement, or a recorded statement.

(4) Witnesses requested by the accused who are staff or inmates shall attend the disciplinary hearing unless one of the following exists:

(a) The risk of harm to the witness if the witness testifies.

(b) The witness is unavailable. Unavailability means death, transfer, release, hospitalization, or escape in the case of an inmate; unavailability means death, illness, vacation, no longer being employed at that location, or being on a different shift in the case of an employee.

(d) The testimony is merely cumulative of other evidence and would unduly prolong the hearing.

(5) If the security director finds that testifying would pose a risk of harm to the witness, the hearing officer may consider a confidential statement signed under oath from that witness without revealing the witness’s identity or a signed statement from an employee getting the statement from that witness. The hearing officer shall reveal the contents of the statement to the accused inmate, except the hearing officer may edit or summarize the statement to avoid revealing the identity of the witness. The hearing officer may question a confidential witness if the witness is available.

(6) The hearing officer may consider written statements that can be corroborated in one of the following ways:

(a) By other evidence which substantially corroborates the facts alleged in the statement, including an eyewitness account by an employee or circumstantial evidence.

(b) By evidence of a very similar violation by the same inmate.

(7) If it is not possible to get a signed statement in accordance with subs. (3) and (5), the hearing officer may consider other evidence of what the witness would say if present.

(8) After determining which witnesses shall be called for the accused inmate, staff shall notify the inmate of the decision in writing.

(9) Witnesses other than inmates or employees may not attend hearings but the staff representative with the hearing officer’s permission may contact them. The hearing officer may designate a staff member to interview the witnesses and report to the hearing officer.

(10) The hearing officer may call additional witnesses as deemed necessary.

(11) After a decision has been reached by the hearing officer, and if a finding of guilt results, the hearing officer shall forward restricted or confidential information to the security director for retention in a restricted file.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.85 Disposition considerations {#sec-doc-303.85 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.85}

(1) In deciding the disposition for a violation or group of violations, the supervisor making uncontested dispositions or the hearing officer may consider any of the following:

(a) The inmate’s overall disciplinary record, especially during the previous 12 months.

(b) The inmate’s disciplinary record of the same or similar offenses.

(d) The risk of serious injury created by the violation.

(e) The value of the property involved.

(f) The risk of serious financial impact caused by the violation.

(g) Whether the inmate was actually aware that the inmate was committing a crime or offense at the time of the offense.

(h) The motivation for the offense.

(i) The inmate’s attitude toward the offense and toward the victim, if any.

(j) Mitigating factors, including coercion, family difficulties which may have created anxiety, and any special circumstances.

(k) Psychological input as appropriate regarding mental health status of seriously mentally ill inmates at the time of the behavior.

(L) The risk to the security of the institution, inmates, employees or the community caused by the violation.

(m) Any other relevant factors.

(2) A minor penalty may be imposed for a violation where a major penalty could be imposed.

(3) Restitution may be imposed in addition to any other penalty.

(4) Any combination of penalties may be imposed.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.86 Recordkeeping {#sec-doc-303.86 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.86}

(1) The department may keep records of disciplinary infractions in an inmate’s case record only if one of the following applies:

(a) The inmate was found guilty by uncontested disposition procedure.

(b) The inmate was found guilty by a supervisor or hearing officer.

(2) The department shall make necessary corrections to the record as required by appeal.

(3) The department shall take necessary steps to remove any record of a conduct report if there is an order to expunge.

(4) The department may keep conduct reports which have been dismissed or in which the inmate was found not guilty for statistical purposes, and security reasons, but the department may not consider them in making program assignment, transfer, or release decisions and the department may not include them in any inmate’s record.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.87 Evidence {#sec-doc-303.87 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.87}

(1) Evidence is relevant if the evidence makes it appear more likely or less likely that the inmate committed the offense of which the inmate is accused.

(2)

(a) A hearing officer may consider any relevant evidence, whether or not it would be admissible in a court of law and whether or not any violation of any state law or any DOC administrative code provision occurred in the process of gathering the evidence.

(b) A hearing officer may refuse to hear or admit relevant evidence for any of the following reasons:

Unreliable.
Marginally relevant.
Unduly cumulative or repetitious.

(c) Request for evidence must be made within two days after the service of notice of major disciplinary hearing rights. This time frame may be extended by the security director for good cause.

(3) The institution shall place the original conduct report and all due process documents in the inmate’s record, excluding evidence which shall be maintained in accordance with department policy.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.88 Harmless error {#sec-doc-303.88 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.88}

If staff does not adhere to a procedural requirement under this chapter, the error is harmless if it does not substantially affect a finding of guilt or the inmate’s ability to provide a defense.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.89 Warden-initiated review {#sec-doc-303.89 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.89}

The warden may at any time initiate a review of the decision and disposition of a conduct report and act on it unilaterally.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 303.90 Administrative assignment or transfer {#sec-doc-303.90 omnilex-key=us-wi-regs-official--agency-doc--DOC 303.90}

Notwithstanding any action taken under this chapter, the department may administratively change an inmate’s work, program, or housing assignment, restrict privileges, or transfer the inmate to another institution.

History

CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

Chapter DOC 304 INMATE SECURE WORK PROGRAM

Wis. Admin. Code § DOC 304.01 Purpose {#sec-doc-304.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 304.01}

The purposes of the secure work program are:

(1) To provide inmates work opportunities while the inmates are appropriately restrained for security purposes.

(2) To provide inmates opportunities to assume responsibility in work settings to prepare them for employment upon release to the community.

(3) To fulfill the goals of public protection and reintegration of the inmate into the community.

(4) To provide service to the community.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Wis. Admin. Code § DOC 304.02 Applicability {#sec-doc-304.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 304.02}

This chapter applies to the Wisconsin department of corrections and adult inmates in its custody. It interprets s. 303.063, Stats. This chapter is adopted pursuant to the authority of s. 303.063 (2), Stats.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Wis. Admin. Code § DOC 304.03 Organization of the secure work program {#sec-doc-304.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 304.03}

(1) An inmate is eligible to participate in a secure work program if the inmate meets the requirements under s. DOC 304.04.

(2) The warden of the correctional facility to which an eligible inmate is assigned or the warden’s designee shall review the proposed assignment of the inmate to a secure work program. An inmate may participate in a secure work program only after the warden or the warden’s designee approves the inmate’s assignment.

(3) A secure work crew may consist of a maximum of 12 inmates.

(4) An inmate may be assigned to any one secure work crew assignment for a maximum of 60 work days. An inmate may be placed on several secure work crew programs during the course of the inmate’s incarceration.

(5) Inmates participating in a secure work program assignment shall be restrained by individual chain leg restraints and may be required to wear electronic stun belts or utilize other security technology during the time they are outside the secure perimeter of the institution.

(6) Each work crew shall be supervised by at least 2 correctional officers, and at least one of those correctional officers shall be armed.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Wis. Admin. Code § DOC 304.04 Eligibility for secure work program assignment {#sec-doc-304.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 304.04}

(1) An inmate is eligible to participate in the secure work program if any of the following apply:

(a) The inmate has a security classification of medium security, medium outside security with supervision, minimum security or minimum security-community residential confinement under s. DOC 302.12 (1) (c) to (f).

Note: DOC 302.12 (1) (c) to (f) were repealed eff. 2-1-02.

(b) The inmate is an intensive sanction inmate who has been sanctioned back to prison or is a probationer or parolee who is being held in custody as an alternative to revocation.

(2) Inmates who otherwise meet the eligibility requirements of this section may be assigned to the secure work program as a disciplinary disposition under s. DOC 303.70 (8).

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98; CR 11-022: am. (2) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 304.05 Secure work program operation {#sec-doc-304.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 304.05}

(1) An inmate participating in a secure work program assignment may be assigned to work outside the secure perimeter of the correctional institution to which the inmate is assigned.

(2) Work assignments may include roadside cleaning, snow removal, construction projects and community service projects.

(3) Inmates who are participating in secure work program assignments shall wear distinctively colored outerwear during the time they are outside the secure perimeter of the institution. Inmates shall be outfitted in distinctively colored garments to be worn as the outermost layer of clothing and the garments shall be labeled “DOC inmate.”

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Wis. Admin. Code § DOC 304.06 Inmate secure work crew pay {#sec-doc-304.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 304.06}

Inmates assigned to secure work programs shall be compensated at an hourly rate unless serving a disciplinary sanction.

History

Cr. Register, January, 1998, No. 505, eff. 2-1-98.

Chapter DOC 306 SECURITY

Wis. Admin. Code § DOC 306.01 Applicability and purpose {#sec-doc-306.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.01}

Pursuant to authority vested in the department by ss. 301.02, 301.03 (2), 302.07 and 227.11 (2), Stats., the department adopts this chapter for purposes of establishing security standards and practices at state correctional institutions.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.02 Definitions {#sec-doc-306.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.02}

In this chapter:

(1) “Administrator” means the administrator of the division or designee.

(2) “Authority” means the highest-ranking individual available in the institution, based on the written institution line of succession.

(3) “Bodily injury” means physical injury, illness, or any impairment of physical condition.

(4) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily injury to another.

(5) “Department” means the department of corrections.

(6) “Disciplinary hearing” means a hearing authorized under ch. DOC 303 for the disciplining of inmates accused of misconduct.

(7) “Disturbance” means any of the following:

(a) An assault on any person by 2 or more inmates.

(b) The taking of a hostage by an inmate.

(d) The refusal by 2 or more inmates, acting in concert, to comply with an order.

(e) Any words or acts which incite or encourage inmates to do any of the above.

(8) “Division” means the division of adult institutions, department of corrections.

(9) Emergency” means an immediate threat to the safety of the public, staff or inmates of an institution, other than a disturbance. An emergency may include, but is not limited to the following:

(a) A public health threat.

(b) A utility malfunction.

(d) A bomb threat or explosion.

(e) An employee job action.

(f) Any natural disaster.

(g) A civil disturbance.

(h) Inmate escape.

(10) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way.

(11) “Great bodily injury” means bodily injury which creates a high probability of death, serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(12) “Institution” means a correctional institution, correctional facility, or center or a prison defined under intensive sanctions in ch. DOC 333 or a facility that the department contracts with for services to inmates.

(13) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to impede free movement of the inmate.

(14) “Non-deadly force” means force which the user reasonably believes will not create a substantial risk of causing death or great bodily injury to another.

(15) “Reasonably believes” means that the actor believes that a certain fact situation exists and such belief under the circumstances is reasonable.

(16) “Secretary” means the secretary of the department of corrections, or designee.

(17) “Security director” means the security director at an institution, or designee.

(18) “Warden” means the warden at an institution, or designee.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.03 Security policy {#sec-doc-306.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.03}

Primary security objectives of the department are to protect the public, staff, and inmates and to afford inmates the opportunity to participate in correctional activities in a safe setting.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.04 Responsibility of employees {#sec-doc-306.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.04}

Every employee of the department is responsible for the safe custody of the inmates confined in the institutions.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.05 Protective confinement {#sec-doc-306.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.05}

(1) The security director may place an inmate in protective confinement if one of the following exist:

(a) The inmate requests the placement in writing.

(b) The security director is satisfied that the placement is necessary for the safety and welfare of the inmate.

(2) An inmate shall remain in protective confinement unless the security director determines that the conditions which warranted protective confinement no longer exist and approves release.

(3) The department shall consider an inmate in protective confinement to be in maximum custody as defined in ch. DOC 302.

(4)

(a) Inmates in protective confinement shall have privileges and property at least equivalent to privileges and property allowed to inmates in disciplinary separation under s. DOC 303.73.

(b) Additional privileges and property as determined by what is ordinarily allowed inmates by the rules governing the location of the unit in which the inmate is protectively confined.

(5) The security director shall review placements in protective confinement at least every 90 days.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; CR 11-022: am. (4) (a) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 306.06 Inmate count {#sec-doc-306.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.06}

Each warden shall establish and maintain a system to accurately account for all inmates in the warden’s custody at all times. The institution shall make a count of all inmates at least 4 times each day. The institution shall space these counts to minimize interference with school, work, program, and recreational activities.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.07 Use of force {#sec-doc-306.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.07}

(1) Corporal punishment of inmates is forbidden.

(2) Staff may use non-deadly force against inmates only if the user of force reasonably believes it is immediately necessary to realize one of the following purposes:

(a) To prevent death or bodily injury to oneself or another.

(b) To regain control of an institution or part of an institution.

(d) To change the location of an inmate.

(e) To control a disruptive inmate.

(f) To prevent unlawful damage to property.

(g) To enforce a departmental rule, a policy or procedure or an order of a staff member.

(3) The use of an incapacitating agent is a form of non-deadly force and is regulated by s. DOC 306.09.

(4) Staff may use deadly force only if the user of force reasonably believes it is immediately necessary for the purpose of stopping the action and achieving the following:

(a) Preventing death or bodily injury to oneself or another.

(b) Preventing unlawful damage to property that may result in death or bodily injury to oneself or another.

(d) Preventing escape or apprehend an escapee.

(5) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.08 Use of firearms {#sec-doc-306.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.08}

(1) In this section, “issuance of firearms” means the deployment of firearms to authorized individuals, as determined by the warden, beyond designated armed posts in response to an emergency or disturbance.

(2) Only the warden or authority who is available may issue firearms to staff.

(3) Except in disturbances or emergencies, only staff assigned to posts requiring the use of firearms shall possess a firearm.

(4) Staff may only use firearms approved by the department and only after successfully completing the training program in sub. (5).

(5) The division shall provide an annual firearms training and qualification program which shall include instruction on the following:

(a) Safe handling of firearms while on duty.

(b) Legal use of firearms and the use of deadly force.

(d) Fundamentals of firearms use, including range firing.

(e) When firearms may and shall be used, including the use of verbal warnings and warning shots.

(6) If a staff member discharges a firearm pursuant to s. DOC 306.07 (4), either accidentally or intentionally, the following procedure shall be followed:

(a) The staff member who discharged the firearms shall notify his or her supervisor as soon as possible and shall write and submit an incident report.

(b) A supervisor shall investigate the incident and submit a report to the warden. The supervisor shall state in the report all facts relevant to the discharge of the firearm and shall include the supervisor’s opinion as to whether the discharge was justified and occurred in accordance with this chapter. The warden shall send the reports required by par. (a) and this paragraph and the warden’s conclusions as to the justification for the discharge and whether it was in accordance with these rules to the administrator.

(c) If a person is injured or killed by the discharge of a firearm, the department shall convene a firearm review panel to investigate the incident. The panel shall consist of 5 persons selected as follows:

Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.
Two members designated by the administrator, one of whom shall be a member of the central office staff and one of whom shall be a member of the public.
One member designated by the warden of the institution where the incident occurred, who is a member of the institution staff.

(d) The panel shall submit a written report to the secretary that includes the facts relevant to the incident and an opinion as to whether this chapter was complied with relating to the use of force.

(7) Only staff authorized by the warden may carry firearms off the institution premises.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.09 Use of incapacitating agents {#sec-doc-306.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.09}

(1) Definition. In this section “incapacitating agent” means any agent or device commercially manufactured and approved by the department for the purpose of temporary control of an inmate or area.

(2) Regulation. The use of an incapacitating agent is a form of non-deadly force and is regulated by this section.

(3) Authorization. Staff may use incapacitating agents in any of the following situations:

(a) To prevent death or bodily injury to oneself or another.

(b) To regain control of an institution or part of an institution.

(d) To change the location of an inmate.

(e) To control a disruptive inmate.

(f) To prevent unlawful damage to property.

(g) To enforce a departmental rule, policy or procedure or an order of a staff member.

(4) Application. Only a staff member trained under sub. (5)may use an incapacitating agent.

(5) Training. The division shall provide an incapacitating agent training program that shall include instruction on the following:

(a) Safe handling of incapacitating agents while on duty.

(b) Legal use of incapacitating agents.

(d) Fundamentals of use of incapacitating agents.

(e) When incapacitating agents may and shall be used.

(6) Medical attention and clean-up. As soon as possible after an incapacitating agent has been used, staff shall provide exposed inmates an opportunity for any necessary hygienic needs and shall consult with medical staff who shall provide any appropriate medical care.

(7) Incident report. As soon as possible following the use of an incapacitating agent, staff shall write and submit incident reports to their supervisor describing:

(a) The problem leading to the use of the incapacitating agent;

(b) The steps taken prior to the use of the incapacitating agent;

(d) Measures taken following the use of the chemical agent.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.10 Use of mechanical restraints for transportation of inmates {#sec-doc-306.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.10}

(1) Authorization. Staff members may use mechanical restraints if the warden determines that the use of mechanical restraints is necessary to protect the public, staff or other inmates or to maintain the security of the institution.

(2) Movement within institution. Staff may use mechanical restraints in the following situations if the warden determines that the use of mechanical restraints is necessary to protect the public, staff or other inmates or to maintain the security of the institution:

(a) In transporting an inmate from within the institution to outside the institution.

(b) In transporting an inmate to segregation or temporary lock-up status.

(d) For other security reasons as determined by the warden.

(3) Movement outside institution. Staff may use mechanical restraints in transporting an inmate outside an institution.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; CR 17-026: am. (3) Register June 2018, No. 750, eff. 7-1-18.

Wis. Admin. Code § DOC 306.11 Use of mechanical restraints to immobilize inmates {#sec-doc-306.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.11}

(1) Staff may use mechanical restraints to confine inmates only with the express authorization of the shift supervisor and only in the following circumstances:

(a) To protect staff and inmates from an inmate who poses an immediate risk of physical injury to others unless restrained.

(b) To protect an inmate who poses an immediate threat of physical injury to self unless restrained.

(2) Staff may not use mechanical restraints:

(a) As a method of punishment.

(b) In a way that causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the inmate.

(3) When staff places an inmate in a mechanical restraint, staff shall follow all of the following procedures:

(a) The shift supervisor shall notify the licensed psychologist or designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff. They shall interview the inmate and arrange for a physical and mental examination as soon as possible. They shall make recommendations to the warden concerning the inmate’s continued placement in restraints. The warden shall evaluate the recommendations and decide if the inmate shall remain in restraints.

(b) A staff member shall observe an inmate in restraints every 15 minutes.

(c) If possible, staff may release an inmate from restraints to perform bodily functions and for meals. Three staff members, one of whom shall be a security supervisor, shall be present at the time of release.

(d) The institution shall keep a record of inmates placed in restraints and it shall include:

The inmate’s full name, number, and date;
The names of the staff members and supervisor present when the inmate was placed in restraints;
The reasons for placing the inmate in restraints;
The times that the inmate was checked, the name of the person making the check, and comments on the individual’s behavior while in restraints;
The times the inmate was placed in restraints and removed; medication given; and
The names of staff visitors, the times of their visits, and any written comments they make.

(e) The warden shall not allow an inmate to remain in restraints for longer than 12 hours, unless the inmate is examined by a licensed psychologist or a designee acting under the supervision of the licensed psychologist, or a psychiatrist, and a member of the medical staff who shall make a recommendation to the warden concerning the inmate’s continued placement in restraints. The institution shall conduct such an examination at least every 12 hours an inmate is in restraints. The warden shall notify the administrator of the decision to continue the use of restraints beyond 12 hours.

(4) The security director shall maintain a supply of restraining devices which staff shall periodically examine.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.12 Duty of staff regarding escapes {#sec-doc-306.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.12}

Staff shall take actions to prevent the escape of any inmate.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.13 Escapes {#sec-doc-306.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.13}

(1) Each institution shall have a written plan to be implemented if an escape occurs or is attempted. The security director shall prepare this plan and shall review and update the plan yearly. A copy of the plan shall be filed with the administrator.

(2) As soon as possible following an escape, staff shall write and submit incident reports including:

(a) The method of escape;

(b) Who was involved in the escape;

(d) Action taken by the institution, including procedures initiated;

(e) Factors which may have contributed to the escape; and

(f) The identification of persons who may have information about the escape.

(3) If a staff member is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by staff. Staff shall disregard any orders issued by a hostage.

(4) The institution shall coordinate the pursuit of escapees with law enforcement authorities.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.14 Search of institution premises {#sec-doc-306.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.14}

A staff member may conduct a search of any area on the premises of a correctional institution.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.15 Periodic search of entire institution {#sec-doc-306.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.15}

Warden may suspend or modify institution operations and authorize a search of all or part of institution premises.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.16 Search of inmate living quarters {#sec-doc-306.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.16}

(1) Staff may conduct a search of the living quarters of any inmate at any time. Entry into the living quarters of an inmate by a staff member to retrieve state property does not constitute a search of the living quarters of an inmate.

(2) The institution shall maintain a written record of all searches conducted under sub. (1), which shall include:

(a) The identity of the staff member who conducted the search;

(b) The date and time of the search;

(d) The reason for conducting the search. If the search was a random one, the report shall so state;

(e) Any objects which were seized pursuant to the search; and

(f) Whether any damage was done to the premises during the search.

(3) If staff seize any property or damage any property pursuant to the search of an inmate’s living quarters, staff shall identify the property to the inmate in writing. The institution shall reimburse the inmate for damage to any property that is not contraband. The institution shall value any property which is damaged at its fair market value, not replacement cost.

(4) In conducting searches under this section, staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

(5) Staff shall read only that part of the inmate’s legal materials as necessary to determine that the item is legal material and does not contain contraband.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.17 Search of inmates {#sec-doc-306.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.17}

(1) Personal search.

(a) In this subsection, “personal search” means a search of a person, including, but not limited to, the clothing, frisking the body, and an inspection of the mouth.

(b) Any staff member may conduct a personal search of an inmate under any of the following circumstances:

If the staff member has reasonable grounds to believe that the inmate possesses contraband.
At the direction of a supervisor either verbally or in written job instructions, post orders, or policies and procedures.
Before an inmate enters or leaves the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.
Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.
Before and after a visit to an inmate or as part of a periodic search or lockdown of a housing unit.

(2) Strip search.

(a) In this subsection, “strip search” means a search in which the person is required to remove all clothes.

(b) Permissible inspection pursuant to a strip search includes examination of the inmate’s clothing and body and visual inspection of body cavities. Staff shall conduct a strip search in a clean and private place. Any staff member may conduct a visual inspection of body cavities. Except in emergencies, a person of the same sex as the inmate being searched shall conduct the strip search.

Before an inmate leaves or enters the security enclosure of a maximum or medium security institution or the grounds of a minimum-security institution.
Before an inmate enters or leaves the segregation unit or changes status within the segregation unit of an institution.
Before and after a visit under ch. DOC 309.
As part of a periodic search and lockdown of an institution under s. DOC 306.15.
At the direction of a supervisor.

(3) Body cavity search.

(a) In this subsection, “body cavity search” means an x-ray, or a strip search in which body cavities are inspected by the entry of an object or fingers into body cavities.

(b) Medical staff shall conduct body cavity searches. Medical staff may conduct a body cavity search only if the warden approves. The warden shall approve if there is probable cause to believe that contraband is hidden in a body cavity.

(4) Body contents search.

(a) In this subsection, “body contents search” means a search in which the inmate is required to provide a biological specimen, including, but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, or semen for analysis.

(b) Only assigned staff may obtain samples as part of a body contents search.

(c) Staff may conduct a body contents search only under one of the following conditions and only after approval by the warden:

Security reasons.
Program reasons.
Investigation purposes.
As part of a random testing program.
As required by a court for deoxyribonucleic acid or DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

(5) Staff conduct.

(a) Staff shall strive to preserve the dignity of inmates in all searches conducted under this section.

(b) Before a search is conducted pursuant to this section, staff shall inform the inmate that a search is about to occur, the nature of the search, and the place where the search is to occur.

(6) Incident report. Staff shall write and submit to the security director an incident report or log entry following all strip searches under sub. (2) (c) 4., of all body cavity searches under sub. (3), of all body contents searches under sub. (4) and of all searches in which contraband is found. The report or entry shall include:

(a) The identity of the staff member who conducted the search;

(b) The date and time of the search;

(d) The reason for the search. If the search was a random search, the report shall so state;

(e) Any objects seized pursuant to the search; and

(f) The identities of other staff members present when the search was conducted.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.18 Search of visitors {#sec-doc-306.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.18}

(1) Before a visit by a non-inmate to an institution is permitted, the staff member responsible for the admission of visitors shall be satisfied that the visitor is not carrying any unauthorized objects into the institution.

(2) The institution shall have information readily available to visitors informing them of the objects they may carry into the institution. The institution may provide a place for the safekeeping of objects that may not be carried into the institution.

(3) Before admitting a visitor, the staff member responsible for admission may require the visitor to empty pockets and containers, permit the inspection of containers and submit the visitor and objects carried by the visitor into the institution to inspection by a device designed to detect metal or other unauthorized objects.

(4) The warden may require a visitor to submit to a personal search or strip search as defined in s. DOC 306.17 (1) and (2) prior to entering the institution. The staff member may conduct such a search only with the approval of the warden, who shall require the search only if there are reasonable grounds to believe the visitor is concealing an unauthorized object.

(5) The staff member shall write a report if the visitor refuses to submit to a search or if the search is conducted, and shall submit the report to the security director, with a copy to the warden and the administrator. The report shall include:

(a) The identity of the staff member and the person who approved the search;

(b) The identity of the visitor and the inmate being visited;

(d) The reason for the request to permit a search which shall include the basis for the belief that unauthorized objects were concealed by the visitor; and

(e) Whether unauthorized objects were seized pursuant to the search and their description.

(6) Before an inspection or search is conducted pursuant to subs. (3) and (4) staff shall inform the visitor orally and in writing, either by a sign posted in a prominent place or on a notice, that the visitor need not permit the inspection or search and that if the visitor does not permit it, staff shall not admit the visitor to the institution at that time.

(7) If in an inspection pursuant to sub. (3) or a search under sub. (4) staff finds an unauthorized object, staff may deny the visitor the visit to the institution on the occasion, may suspend the visitor from further visits to the institution, or may allow the visit without the object.

(8) If the institution finds an unauthorized object pursuant to a search under this section, and it is illegal to conceal or possess the object, the warden shall inform a law enforcement agency and turn the object over to the law enforcement agency for referral to the district attorney pursuant to ss. 302.04 and 302.07, Stats. and deny the visit. If the institution determines that the visitor appears to be under the influence of an intoxicating substance, the warden shall deny the visit, may detain the visitor, and may inform a law enforcement agency.

(9) Staff shall conduct all inspections and searches in a courteous manner. Staff shall strive to protect the dignity of visitors who are inspected or searched pursuant to this section.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.19 Search of staff {#sec-doc-306.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.19}

(1) The warden may require that a staff member be searched while on the grounds of an institution or require that a staff member’s car be searched while on institution grounds. The institution may conduct such a search by requiring the staff members to empty pockets and containers and submit themselves and objects they carry into the institution to inspection by a device designed to detect metal or other unauthorized objects, a personal search, or a strip search, as defined under s. DOC 306.17 (1) and (2). Before a strip search of a staff member or the search of a staff members’ vehicle is conducted, the warden and the administrator shall approve the search. They shall approve the search only if there are reasonable grounds to believe the staff member is concealing an unauthorized object. The institution shall not admit a staff member who refuses to submit to a search into the institution or may remove such a staff member from the institution and may subject the staff member to disciplinary action.

(2) If an unauthorized object is found pursuant to a search conducted under this section and it is illegal to conceal or possess the object, the warden may detain the staff member pursuant to ss. 302.04 and 302.07, Stats., and shall inform a law enforcement agency and turn the object over to the sheriff or law enforcement agency for referral to the district attorney. If the warden determines that the staff member appears to be under the influence of an intoxicating substance, the warden may detain the staff member and may inform a law enforcement agency.

(3) Staff shall conduct all searches in a courteous manner. Staff shall strive to protect the dignity of staff who are inspected or searched.

(4) Each institution shall inform staff in writing what objects they may not carry into the institution.

(5) If a strip search is conducted pursuant to this section, the staff member conducting the search shall write and submit a report to the security director. The security director shall provide a copy of the report to the warden and the administrator.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.20 Use of contraband as evidence at disciplinary hearing {#sec-doc-306.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.20}

Contraband that is seized during a search under this chapter may be used as evidence by the institution at a disciplinary hearing conducted under ch. DOC 303.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.21 Use of test results as evidence at disciplinary hearings {#sec-doc-306.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.21}

Subject to the confirmation required under s. DOC 303.60 (2), the institution may use results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances as evidence at a disciplinary hearing conducted pursuant to ch. DOC 303.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.

Wis. Admin. Code § DOC 306.22 Emergency {#sec-doc-306.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.22}

(1) If an emergency occurs that prevents the normal functioning of the institution, the warden may suspend the administrative rules of the department or any parts of them, excepts ss. DOC 306.07 to 306.09, until the emergency is ended and order is restored to the institution.

(2) If an emergency occurs, the secretary may convene an emergency review panel to investigate the emergency. The panel shall be made up of persons selected in accordance with s. DOC 306.08 (5) (d). The panel shall submit a written report to the secretary that includes the facts relevant to the incident and an opinion as to whether this chapter was complied with relating to an emergency. The department shall provide the panel with staff adequate to conduct a thorough investigation of the emergency.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.23 Disturbance {#sec-doc-306.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.23}

(1) If a disturbance occurs that prevents the normal functioning of the institution, the warden may suspend the administrative rules of the department or any parts of them, except ss. DOC 306.07 to 306.09, until the disturbance is ended and order is restored to the institution. The warden shall make provisions for access to medical care.

(2) If a disturbance occurs and a person is injured and if it results in the suspension of these rules, the secretary may convene a disturbance review panel to investigate the disturbance. The secretary shall appoint the panel in accordance with s. DOC 306.08 (5) (d) and the panel shall submit a written report to the secretary that includes the facts relevant to the incident and an opinion as to whether this chapter was complied with relating to a disturbance. The department shall provide the panel with staff adequate to conduct a thorough investigation of the disturbance.

(3) A staff member taken hostage has no authority to order any action or inaction by staff.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Wis. Admin. Code § DOC 306.24 Emergency preparedness plan {#sec-doc-306.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 306.24}

(1) The warden shall ensure that the institution has a written emergency preparedness plan for disturbances and emergencies and that a copy of the plan is filed with the administrator and implemented in a disturbance or an emergency.

(2) The purposes of the written emergency preparedness plan for disturbances and emergencies shall be:

(a) To ensure the safety and welfare of the general public, staff, and inmates.

(b) To protect property.

(d) To identify any person who participated in the disturbance, to provide for disciplinary action to be taken according to these rules, and to provide relevant information to a law enforcement agency so that participants can be arrested and prosecuted.

(e) To identify any person who contributed to the creation of an emergency and to provide this information to a law enforcement agency for the person’s arrest and prosecution.

(3) The plan shall give the highest priority to insuring the safety and welfare of the general public, staff, and inmates.

History

CR 00-079: cr. Register July 2001, No. 547 eff. 8-1-01.

Chapter DOC 306 Appendix APPENDIX

Wis. Admin. Code § Chapter DOC 306 APPENDIX {#sec-chapter-doc-306 omnilex-key=us-wi-regs-official--agency-doc--Chapter DOC 306}

Note: DOC 306.05. Some inmates wish to be confined because they fear for their safety. Protective confinement is permitted by this rule.

Maximum custody is used in this case for the inmate’s safety. Because the status is not punitive, DOC attempts to provide normal property and privileges consistent with the place where the confinement occurs, but the inmate shall be allowed at least the privileges and property allowed in program segregation.

Note: DOC 306.06. Accurate counts are essential for security and recordkeeping. Given the variety among institutional schedules, each warden is given the responsibility to see to it that an accurate system exists and that it does not unduly interfere with programs.

Note: DOC 306.07. DOC 306.07 states the purposes for which non-deadly force and deadly force may be used.

Situations arise in prison that must be controlled before substantial danger to others arises. The requirements for discipline and order in a prison and to prevent an escape give substantial responsibility to prison officials that may require the use of force to fulfill.

Sub. (2) states the circumstances in which non-deadly force may be used in a prison. This rule applies to correctional staff and not inmates. Inmates are not authorized to use force at any time by this rule.

A typical situation in which a correctional staff member would be authorized to use force in defense of another is if there was a fight between or among inmates. The correctional staff member must be authorized to use force to stop the fight. In so doing, it might be necessary to use force against someone who is not unlawfully interfering with another but who is lawfully defending himself or herself. This is so because, in a prison setting, correctional staff must have the authority to prevent disturbances without worrying about who is wrongfully fighting and who is acting in self-defense.

Sub. (2) (d) authorizes the use of force to change the location of an inmate. Occasionally, an inmate is ordered to be placed in a segregation unit and refuses to go. To maintain the orderly operation of the institution, staff may have to physically move an inmate from one place to another.

Sub. (2) (g) authorizes the use of force to enforce department rules, policies and procedures and staff member orders. A typical situation in which a correctional officer would be authorized to use force under this paragraph is if an inmate refuses to be strip-searched prior to entering the segregation unit. Without the strip search the inmate could be hiding a weapon that could be used by a self-destructive inmate to kill or severely injure himself or herself or someone else. If the inmate cannot be persuaded to obey the order, staff may use force to compel compliance.

Note: DOC 306.08. The use of firearms is subject to the limitations on the use of force in DOC 306.07. This section reflects present policy of the department of corrections. Correctional staff in daily contact with inmates are not armed. Rather, officers who are posted in towers and in control centers are the only staff who are issued firearms, unless there is a disturbance or an emergency. Sub. (3).

Sub. (6) provides for the investigation of incidents in which a weapon is discharged. This investigation is for the purpose of administrative review and is not intended to take the place of an investigation conducted by another government agency.

Sub. (6) provides for investigation and reporting through the normal chain of command and for investigation and reporting by a special panel when anyone is killed or wounded by a firearm discharge. Because of the seriousness of such an event, it is desirable to include on the panel people from outside the department of corrections to insure that the investigation is conducted with the necessary objectivity.

Sub. (7) indicates that the warden must authorize staff before they may carry firearms off grounds. Correctional staff officers need not be deputized since “Correctional staff have authority and possess the power of a peace officer in pursuing and capturing escaped inmates.” (OAG 103-79).

Note: DOC 306.09. DOC 306.09 authorizes and regulates the use of incapacitating agents in adult correctional institutions.

As stated in sub. (2), this section regulates the use of incapacitating agents. Because incapacitating agents pose a risk of injury to others, staff may only use them in limited situations.

Subsection (3) identifies situations in which incapacitating agents may be used. Under this subsection, incapacitating agents may be used to regain control of an institution or part of an institution over which physical control has been lost during an emergency, DOC 306.02 (9), or disturbance, DOC 306.02 (7). “Part of an institution” may be a building or a small area like a room. Whether an incapacitating agent should be used in such a situation depends upon whether using the incapacitating agent is less hazardous for both the person seeking to use the incapacitating agent and the inmate than using other reasonable means to accomplish the purpose.

This rule requires appropriate medical care, if necessary, and an opportunity for hygienic care. “Exposed inmates” are not just those against whom the agent is used but those exposed to it because they are nearby. Medical examinations and cleaning may minimize the risk of permanent injury, and a change of clothes and bedding minimizes risks to the health of inmates from the residue of incapacitating agents as well as the discomfort they may cause.

The incident report for incapacitating agents in sub. (7) ensures adequate administrative notification and review of the use of incapacitating agents.

Note: DOC 306.11. DOC 306.11 regulates the use of restraints to immobilize inmates. Restraining devices are permitted in three situations: to protect property; to protect others from an inmate; and to protect an inmate from himself or herself. The use for transporting is regulated by DOC 306.10. While the use of restraints is never pleasant, it is sometimes more humane than other measures for controlling dangerous or disturbed people. DOC 306.11 is designed to insure that restraining devices are used only when necessary, to regulate their use to insure that they are used humanely, and to adequately provide for the safety of inmates and correctional staff.

It is important that the authority to require restraining devices be centralized. For this reason, only the warden may order their continued use or removal after review of psychological or medical staff reports. Sub. (3) (a).

To avoid injury, it is necessary to have adequate staff to subdue the inmate.

Inmates placed in restraints are typically in need of counseling, time to calm down, and periodic monitoring to insure that the person is not being injured by the restraints. Furthermore, the decision to keep a person in restraints must be continually reviewed. Sub. (3) (a) and (b) provide for medical exams and monitoring to get the inmate the immediate help he or she needs that may permit the removal of the restraints, as well as a review of the necessity for them.

Sub. (3) (c) provides for the removal of the restraints for meals and to perform bodily functions when possible. This is to preserve the inmate’s dignity, consistent with the safety of the inmate and staff.

Sub. (3) (e) requires an examination by a licensed psychologist or a designee acting under the supervision of a licensed psychologist, or a psychiatrist, and a member of the medical staff every 12 hours an inmate remains in restraints. This is to provide expert judgment about the need for restraints and to provide additional mental health services to the inmate.

Sub. (4) requires that DOC shall maintain and periodically review a supply of restraining devices. This is to insure that devices that might injure an inmate or permit escape are not used.

Note: DOC 306.12. DOC 306.12 states the general policy that it is the responsibility of each staff member to take appropriate actions to prevent escapes. Appropriate action may include being alert and diligent, reporting observations and events, and may also include taking physical actions consistent with directed duty and training. Decisive action when signs of trouble exist is also important.

Note: DOC 306.13. Sub. (3) states that no hostage, no matter what his or her rank, has any authority while a hostage. A person under such stress cannot be expected to make decisions that affect himself or herself, the institution, or inmates. To permit a person to retain authority while a hostage is an invitation to take high ranking officials as hostages.

Note: DOC 306.14. DOC 306.14 authorizes the search of institution premises at any time. Contraband, including drugs and weapons, are sometimes concealed in areas of general access, in workshops and in classrooms. Searches turn up contraband and also serve as a deterrent to bringing contraband into institutions.

Such searches must be performed randomly so that inmates may not move the contraband in anticipation of a search. DOC is not required to give a specific reason for conducting a search.

Note: DOC 306.15. DOC 306.15 permits that each institution may be completely searched periodically. DOC has discovered contraband during these searches. This has convinced correctional officials of the desirability of such searches and of random area searches

These searches are to include the living quarters of inmates as good correctional practice.

Note: DOC 306.16. The search of the living quarters of an inmate is of importance to correctional officials and inmates. It is important that random searches of living quarters be conducted because contraband, including drugs and objects fashioned into dangerous weapons, are sometimes discovered during such searches and such searches deter the possession of contraband.

Contraband is a direct threat to the safety of staff and the institution as a whole. Weapons can be used against staff as well as inmates and may be an inducement to cause a disturbance that threatens everyone in the institution.

DOC conducts its searches unannounced so that inmates do not have the opportunity to remove contraband from the living unit. Various means may be used to conduct searches, including the use of canines and other available technological methods.

DOC staff conduct searches in a manner which demonstrates respect for an inmate’s personal property. DOC staff shall notify inmates of any objects that are seized.

Note: DOC 306.17. DOC 306.17 is primarily directed to controlling the entry of contraband, including intoxicating substances, into correctional institutions and its movement within institutions. Visitors or inmates who go outside may carry contraband into institutions. Contraband is transported by inmates within institutions and is frequently moved to avoid detection. Contraband, including money illegally obtained, is also removed from institutions. Much of this contraband poses a threat to inmates, to correctional treatment, to staff, and to the very institution itself. See the note to DOC 306.16.

Body contents searches and urinalyses in particular are directed at controlling inmate use of intoxicants. Drug and alcohol use promotes the illegal entry, movement and selling of contraband within institutions and provides financial incentives which may corrupt other inmates and staff. Body contents searches and subsequent testing of those specimens are effective means to detect illicit use of drugs and alcohol. Test results may form the basis for disciplinary action, the prospect of which should deter inmates from using intoxicants or bringing them into the institutions.

Because inmates bring contraband in and out of institutions, it is necessary to permit strip searches upon entry and exit.

DOC places inmates in segregation units because they have committed a serious violation of prison rules, or because they are dangerous or disturbed. With this need for a heightened level of security, it is essential to the safety of inmates that contraband not be brought into a segregation unit. Strip searches of inmates as they move in or out of the segregation unit are necessary for security.

Sub. (2) (c) 3. authorizes strip searches prior to and after a visit. Frequently, visitors are not restricted to the visiting area during visits. Either the authority must exist to permit the search of visitors and inmates, or contact with visitors must be limited.

Sub. (2) (c) 4. authorizes strip searches during a search of an entire institution or a part of an institution during a lockdown. Without strip searches during a lockdown, inmates can conceal contraband on their persons and defeat the purpose of the search under s. DOC 306.15.

Sub. (2) (c) limits staff members’ discretion to conduct strip searches.

Sub. (4) (c) describes the circumstances under which a body contents search may be conducted. The division of adult institutions is expected to develop a protocol to define the role of health staff and their obligations under these rules for both body cavity and body contents searches. When possible, less invasive means of screening for contraband will be employed before involving health care staff.

Note: DOC 306.18. DOC 306.18 regulates the search of visitors. Other rules relating to visits are found under ch. DOC 309.

Sub. (1) states the principle that correctional staff must be satisfied that visitors are not carrying unauthorized objects into the institution. Because such objects may be things which people normally carry with them and which visitors might assume are authorized, it is important to inform visitors of what they may or may not carry. If space is available, visitors may be provided with a place to store their belongings during the visit. Sub. (2).

If a visitor does not wish to submit to an inspection or search, the visitor need not do so. This will result in the visitor not being permitted to enter the institution on this occasion. No authority exists independently to require visitors to submit to inspections or searches. However, the responsibility for the safety of the institution does permit visitors to be excluded if they refuse to submit to inspections and, in the rare cases when they are conducted, personal searches.

The large majority of visitors are asked to empty pockets, permit the inspection of containers and submit to a metal detector screening similar to those used in airports. Sub. (3). This typically satisfies staff that contraband is not concealed. Occasionally, correctional staff has received information that a visitor is carrying contraband and that the inspection called for in sub. (3) will not detect it. If there are reasonable grounds to believe a visitor is carrying contraband, the warden may require the visitor to submit to a personal search or strip search as defined in DOC 306.17 (1) (a) and (2) (a) or be excluded from the institution.

Sub. (7) states the rule that visitors shall be excluded from the institution if they attempt to bring contraband into the institution. The visiting privilege itself may be suspended, as provided in ch. DOC 309. It is not the intention of the rule to exclude people who unwittingly carry unauthorized objects.

Sub. (8) requires correctional staff to turn over to law enforcement such objects that it is illegal to possess or conceal. The warden is a peace officer within the institution and on institution grounds by virtue of 301.29 (2), Stats. Under s. 939.22 (22), Stats., “peace officer” means any persons vested by law with a duty to maintain public order or to make arrest for crimes, whether that duty extends to all crimes or is limited to specific crimes. Section 302.095, Stats., makes delivering articles to inmates a crime subject to being detained by staff and turned over to the sheriff or local law enforcement officers. (OAG-103-79).

Note: DOC 306.19. Searches of staff members are sometimes necessary. Staff members may inadvertently bring unauthorized objects into institutions. For example, an employee taking medication may bring in more than he or she needs for an 8-hour period. Also, inmates may threaten staff or their families and thereby attempt to force the staff member to bring contraband into an institution. In addition, a staff member may deliberately bring an unauthorized object into an institution.

Note: DOC 306.23. Sub. (1) permits the suspension of the rules of the department. It is not intended that this rule be relied on frequently, but only in situations where the usual functioning of the institution becomes impossible. For example, programs and visits are impossible if a portion of an institution is taken over by inmates. Some rules, like those relating to the use of force, may never be suspended. This is provided for in the rule.

Chapter DOC 308 ADMINISTRATIVE CONFINEMENT

Wis. Admin. Code § DOC 308.01 Purpose {#sec-doc-308.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 308.01}

The purpose of this chapter is to provide for an involuntary nonpunitive status for the segregated confinement of an inmate whose continued presence in general population poses a serious threat to life, property, self, staff, or other inmates, or to the security of the institution.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, June, 1998, No. 510, eff. 7-1-98.

Wis. Admin. Code § DOC 308.02 Applicability {#sec-doc-308.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 308.02}

Pursuant to authority vested in the department under ss. 227.11 (2), 301.02 and 301.03, Stats., the department adopts this chapter which applies to the department and all adult inmates in its legal custody. It interprets ss. 302.07 and 302.08, Stats.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; correction made under s. 13.93 (2m) (b) 7., Stats; Register, June, 1987, No. 378.

Wis. Admin. Code § DOC 308.03 Definitions {#sec-doc-308.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 308.03}

In this chapter:

(1) “Administrative confinement review committee” or “ACRC” means the administrative confinement review committee appointed by the warden, consisting of 3 members, one of which shall be from security, one from treatment, and at least one member shall be a supervisor who will serve as the hearing officer.

(2) “Administrator” means the administrator of the division of adult institutions, department of corrections, or designee.

(3) “Department” means the department of corrections.

(4) “Disturbance” means a riot or other disturbance to institutional order caused by a group of 2 or more inmates that may include one of the following:

(a) An assault on any person by 2 or more inmates.

(b) The taking of one or more hostages.

(d) The refusal by 2 or more inmates, acting in concert, to comply with an order.

(5) “Division” means the division of adult institutions, department of corrections.

(7) “Misconduct” means behavior in violation of state or federal statutes or the administrative rules of the department.

(8m) “Security threat group” means a group of individuals which threatens, intimidates, coerces, or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules, or departmental policy.

(9) “Street gang” means a group of people, outside the institution, which threatens, intimidates, coerces, or harasses other people or engages in activities that intentionally violate or encourage the intentional violation of federal statutes, state statutes or administrative rules, county or municipal ordinances or resolutions, or institutional policies or procedures.

(10) “Warden” means the warden at an institution, or designee.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; renum. (1), (3), (4), (6) to be (3), (5), (7), (10), and am. (5) and (10), cr., (1), (4), (6), (8) and (9), am. (2), Register, June, 1998, No. 510, eff. 7-1-98; CR 11-022: am. (4) (intro.), (b), (d), r. (6), (8) cr. (8m) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 308.04 Administrative confinement {#sec-doc-308.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 308.04}

(1) Administrative confinement is an involuntary nonpunitive status for the segregated confinement of an inmate whose continued presence in general population poses a serious threat to life, property, self, staff, or other inmates, or to the security or orderly running of the institution. Inmate misconduct shall be handled through the disciplinary procedures.

(2) An inmate may be placed in administrative confinement for any of the following reasons:

(a) The inmate presents a substantial risk to another person, self, or institution security as evidenced by a behavior or a history of homicidal, assaultive or other violent behavior or by an attempt or threat to cause that harm.

(b) The inmate’s presence in the general population poses a substantial risk to another person, self or institution security.

(c) The inmate’s activity gives a staff member reason to believe that the inmate’s continued presence in general population will result in a riot or a disturbance.

(d) The inmate has been identified as having an active affiliation with an inmate gang or street gang or there are reasonable grounds to believe that the inmate has an active affiliation with an inmate gang or street gang; and there is reason to believe that the inmate’s continued presence in the general population will result in a riot or a disturbance.

(3) An inmate may be placed in administrative confinement only after a review by the administrative confinement review committee in accordance with this section. An inmate may be placed in administrative confinement from the general population or any form of segregation and may be confined in temporary lockup or TLU in accordance with the departmental rules, pending a review according to this section.

(4) An inmate shall be given written notice of the review which shall include all of the following:

(a) The reason under sub. (2)that administrative confinement is considered necessary.

(b) The evidence to be considered at the review.

(d) An explanation of the possible consequences of any decision.

(e) An explanation of the inmate’s rights at a review which include all of the following:

The right to be present at the review.
The right to deny the allegation.
The right to present documentary evidence.
The right to present and question witnesses in accordance with sub. (7) and the hearing procedures for major disciplinary offenses. In the case that the witness is a confidential informant, then sub. (5) shall apply.
The right to assistance of a staff representative in accordance with s. DOC 303.83.
The right to receive a written decision, stating the reasons for it based upon the evidence.
The right to appeal the finding.

(f) The date, time, and place of the review and an order that the inmate appear at the review.

(5)

(a) If a witness is a confidential informant, a designated security staff member shall do all of the following:

Investigate to determine whether testifying would pose a significant risk of bodily injury to the witness.
Attempt to obtain a signed statement under oath from the witness and determine that the statement is corroborated in accordance with s. DOC 303.84 (5) if the designated staff member finds a significant risk of bodily injury.
Prepare a summary of the signed, corroborated statement to avoid revealing the identity of the witness.
Deliver a copy of the summary to the inmate and the ACRC hearing officer.

(b) The summary of the statement of the confidential informant may be considered as evidence.

(c) The ACRC hearing officer shall have access to the original signed statement and may question the confidential informant if the confidential informant is available.

(d) The original signed statement shall be available to the warden or administrator for review.

(e) The original signed statement shall be kept in a restricted department file.

(6) The review shall take place not sooner than 2 days and not later than 21 days after service of notice to the inmate. The inmate may waive these time limits in writing. The administrative confinement hearing officer may extend the time limit upon written request from the inmate for good cause. The time limits will be tolled during any time the inmate is unavailable.

(7) At the review, all of the following shall occur:

(a) The reason for placing the inmate in administrative confinement shall be read aloud.

(b) All witnesses for or against the inmate, including the inmate and the staff member who recommended the placement, shall have a chance to speak.

(d) The ACRC hearing officer may permit direct questions or require the inmate or the inmate’s advocate, if any, to submit questions to the ACRC hearing officer to be asked of the witnesses.

(e) Repetitive, disrespectful, or irrelevant questions may be forbidden.

(8) All of the following shall occur after the review:

(a) The ACRC shall deliberate in private considering only the evidence presented to it that supports or refutes the need for administrative confinement and the inmate’s records.

(b) The ACRC shall decide whether the evidence and the records support the need for administrative confinement and, if so, shall order the placement.

(c) If the vote is not unanimous, the record, with the views of each ACRC member, shall be forwarded to the warden for a decision.

(d) The record, except portions regarding the identities of sources of information or containing statements or evidence that could, upon disclosure, threaten personal safety or institution security, shall be shared with the inmate who may make known any additional relevant information in writing to the warden.

(e) The reasons for the decisions of the ACRC and warden shall be based upon the evidence and given to the inmate in writing.

(9) An inmate may appeal the ACRC’s decision to the warden within 10 days of the date of the decision and again to the administrator within 10 days of the date of the warden’s decision.

(10) An inmate’s progress in administrative confinement shall be reviewed by the ACRC at least every 6 months following the procedures for review under this section. Monthly progress shall be reviewed consistent with the review of disciplinary separation as outlined in s. DOC 303.73 (13).

(11) If an inmate has been in administrative confinement for 12 months or longer, the warden and administrator shall do all of the following:

(a) Automatically review a decision by the ACRC to continue the inmate’s confinement in this status.

(b) Affirm, reverse, or remand the decision within 10 working days of the earlier decision. A decision to affirm, reverse, or remand the earlier decision shall state the reasons for it based on the evidence. A failure to issue a decision within the time allotted shall constitute an affirmance of the earlier decision.

(c) Send a copy of the warden’s and administrator’s decision to the ACRC and inmate. The decision of the warden and administrator is final except that the inmate may challenge any procedural [errors] through the inmate complaint review system under ch. DOC 310.

(12) While in administrative confinement, an inmate:

(a) Shall have a classification of maximum custody; supervision, movement, and program shall be in accordance with ss. DOC 302.09 (1) and 306.10.

(b) Shall be allowed to have any property in the inmate’s cell that is consistent with property limits for the assigned area.

(d) May receive and send mail in accordance with ch. DOC 309.

(e) Shall be permitted to shower at least once every 4 days.

(f) Shall be provided religious, social, and clinical services as possible; however, they must be provided at the inmate’s cell unless otherwise authorized by the warden.

(g) May earn extra good time credit in accordance with ch. DOC 302, and all inmates shall earn compensation consistent with pay for involuntarily unassigned inmates.

(h) May not go to the canteen in person but may have approved items from the canteen delivered to the inmate.

(i) May have any other properties and privileges consistent with departmental rules, at the discretion of the warden.

Note: Administrative confinement under s. DOC 308.04 is a nonpunitive measure taken to ensure personal safety and security within the institution. This measure may be infrequently needed and of short duration but, as to a particular inmate, the reasonable needs of safety and security within the institution may require continued confinement for long periods of time.

Sub. (2) establishes the conditions under which administrative confinement may be used. Administrative confinement is a vehicle for removing inmates from the general population to protect and ensure the safety, security and orderly running of the institution. Without the ability to confine this type of inmate, the primary security objectives of the department, namely protecting the public, staff, inmates, and property, cannot be met.

Inmate misconduct is handled through the disciplinary process. Segregation in administrative confinement cannot be a penalty for misconduct, but may result either prior to or subsequent to a disciplinary proceeding or independent of any such proceeding.

Sub. (3) requires special review by the ACRC. This review incorporates components of the standard of the major disciplinary hearing procedure. This review is provided despite the fact that the U.S. Supreme Court has indicated that due process does not require this review for these transfers. Meachum v. Fano, 427 U.S. 215 (1976); Montanye v. Haymes, 427 U.S. 236 (1976). In Caldwell v. Miller, 790 F2d 589 (7th Cir 1986), the court found no liberty interest in a transfer from one cell block in an institution to another. Due process protections are important and are afforded to few inmates affected by this provision because of the seriousness of the prolonged social isolation of administrative confinement. Nonetheless, by providing the review, the Department does not intend to create any protected liberty interest by using mandatory language. Administrative confinement is a typical approach used in prison to respond to situations listed in this chapter. See Sandin v. Conner, 115 S. Ct. 2293 (1995).

At this special review, in this status, there must be proof, from evidence presented at the hearing and from the inmate’s records, that he or she meets one of the criteria for administrative confinement under sub. (2). The responsibility for placement rests solely with the ACRC. An appeal is provided first to the warden and then to the administrator of the division of adult institutions, one of the highest levels in the department, in recognition of the potential serious consequences of prolonged segregation in administrative confinement.

Sub. (4) gives the inmates certain rights. It requires that adequate written notice of the review be given the inmate. If necessary, a verbal explanation of the notice should be made in accordance with the inmate’s needs. The rights also include the right to present and question a witness in the same manner as for due process hearings, s. DOC 303.84.

Sub. (9) provides for a review of the inmate’s status at least once every 6 months. A review may occur earlier at the discretion of the warden. This time period balances fairness to the inmate with the practicalities of providing for a meaningful review by the ACRC. Compliance with departmental rules alone may not be sufficient and an inmate may continue to be confined if there is still reasonable fear of violent behavior, harm to the inmate by others, harm to others or riots.

Sub. (10) reflects the view that administrative confinement may have serious consequences and that extreme care should be exercised at the highest level in assessing the need for continued confinement.

This chapter is in substantial accord with the provisions regarding the special management of inmates in the American Correctional Association’s Manual of Standards for Adult Correctional Institutions (1993), standards 3-4237, 3-4249, 3-4254, 3-4255, and 3-4261.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; r. and recr. (2) and (4), am. (5), (6), (7) and (11), Register, April, 1985, No. 352, eff. 5-1-85; emerg. am. (12) (a), eff. 11-18-85; am. (12) (a) Register, May, 1986, No. 365, eff. 6-1-86; emerg. am. (2) (b), eff. 12-5-86; r. and recr. (12) (g), Register, February, 1987, No. 374, eff. 3-1-87; am. (2) and (4) (e) 4., Register, June, 1987, No. 378, eff. 7-1-87; am. (1), (2) (a), (3), (4) (intro.) to (e) 3., 5. to 7. and (12), r. and recr. (2) (b), (c), (4) (e) 4., r. (8) and (11), cr. (2) (d), (5), and (9), renum. (5), (6),(7), (9), (10) to be (6), (7), (8), (10), (11), and am., Register, June, 1998, No. 510, eff. 7-1-98; CR 11-022: am. (4) (e) 5., (5) (a) 2., (10) Register September 2014 No. 705, eff. 1-1-15; CR 17-026: am. (12) (a) Register June 2018 No. 750 eff. 7-1-18.

Chapter DOC 309 RESOURCES FOR INMATES

Wis. Admin. Code § DOC 309.01 Applicability {#sec-doc-309.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.01}

This chapter applies to the department of corrections, and to all inmates in the legal custody of the department, except for inmates placed by the department in county penal facilities used by the department or other state or federal penal facilities. The department promulgates this rule pursuant to authority conferred by ss. 227.11 (2), 301.02, and 301.03, Stats., and interprets ss. 46.07, 301.32, 302.07, 302.08, 302.12, 303.01, and 303.065, Stats.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1987, No. 378; am. Register, September, 1998, No. 513, eff. 10-1-98; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

Wis. Admin. Code § DOC 309.02 Definitions {#sec-doc-309.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.02}

As used in this chapter:

(1) “Adjustment committee” means the adjustment committee authorized under the departmental disciplinary rules to impose disciplinary measures for inmate misconduct.

(2) “Administrator” means the administrator of the division of adult institutions, department of corrections, or designee.

(3) “Clinical services unit supervisor” means the clinical services unit supervisor at an institution, or designee.

(4) “Close family member” under ss. DOC 309.08 and 309.41 to 309.49 means the inmate’s natural, adoptive, step, and foster parents; spouse, children, grandparents, grandchildren, or siblings. A parent surrogate is within the definition of parent if an inmate substantiates that a claimed surrogate did in fact act as a parent to the inmate, although the parent surrogate was not an adoptive, foster, or stepparent.

(5) Contraband has the meaning given in s. DOC 303.02 (8).

(6) “Department” means the department of corrections.

(7) “Division” means the department of corrections, division of adult institutions.

(7m) “Features” means the publication contains depictions of nudity on a routine or regular basis or promotes itself based upon depictions of nudity in the case of individual one-time issues. The department will not prohibit a publication solely because it contains nudity that has a medical, educational or anthropological purpose.

(8) “General or trust account” means an account established by an institution to receive all funds for the benefit of an inmate.

(9) “Human sexual behavior” means the actual or simulated act of any of the following:

(a) Sexual intercourse, which means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration by any part of the body or an object into the anus or vagina of another person.

(b) Fellatio or cunnilingus.

(d) Bestiality.

(e) Masturbation.

(f) Necrophilia.

(g) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture, or bondage.

(h) Sexual excitement.

(10) “Institution business manager” means the person designated to receive and disburse money and property at each institution or that person’s designee.

(12) “Mail” means materials such as letters and other items of correspondence processed through the United States postal service and letters and other items of correspondence processed within an institution.

(14) “Nudity” for commercially published material means the showing of human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state. “Nudity” for purposes of a personal photograph means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of the areola or nipple, or the depiction of covered male genitals in a discernibly turgid state.

(15) “Photograph” means an image on film, video tape, or electronic transmission.

(16) “Pornography” means any of the following:

(a) Any material, other than written material, that depicts any of the following:

Human sexual behavior.
Sadomasochistic abuse, including but not limited to flagellation, bondage, brutality to or mutilation or physical torture of a human being.
Unnatural preoccupation with human excretion.
Nudity which is not part of any published photograph or printed material, such as a personal nude photograph.
Nudity of any person who has not attained the age of 18.

(b) A publication that features nudity.

(c) Written material which the average person, applying state contemporary community standards, would find, when taken as a whole does all of the following:

Appeals to the prurient interest.
Describes human sexual behavior in a patently offensive way.
Lacks serious literary, artistic, political, educational, or scientific value.

(18) “Release account” means an account established for an inmate in which a percentage of the inmate’s income is deposited, in accordance with s. DOC 309.466 so that the inmate has sufficient funds when released from the institution to purchase release clothing, out-of-state transportation, and other items and services needed on release.

(19) “Representatives of the news media” means persons whose principle employment is to gather or report news for any of the following:

(a) A newspaper that qualifies as a general circulation newspaper of record in the community in which it is published.

(b) A news magazine that publishes news of a general character and of general interest which has a statewide or national circulation and is distributed at newsstands or by mail subscription to the general public.

(d) A radio or television news program of general character and general interest, at a station holding a federal communications commission license.

(20) “Secretary” means the secretary of the department of corrections, or designee.

(21) “Security director” means the security director at an institution, or designee.

(22) “Segregated account” means an account established for the receipt and disbursement of funds received by inmates for participation in a work or study release program under ch. DOC 324 and certain institution educational programs. Such funds include, but are not limited to, social security, veterans administration, and railroad retirement funds.

(23) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(24) “Warden” means the warden at an institution, or designee.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. cr. (9m), eff. 5-15-86; cr. (9m), Register, September, 1986, No. 369, eff. 10-1-86; cr. (2m) and (8m), Register, April, 1994, No. 460, eff. 5-1-94; renum. and am. (2), (4), (7), (9m), (10), (13) to be (4), (2), (8), (18), (19), (24), renum. (2m), (3), (5), (6), (8), (8m), (9), (11), (12) to be (5), (6), (7), (3), (10), (13), (15), (21), (22), cr. (9), (12), (14), (16), (20), (23), Register, September, 1998, No. 513, eff. 10-1-98; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2001, No. 548; CR 01-022: cr. (7m), am. (14) and (16), Register August 2001 No. 548, eff. 9-1-01; CR 11-022: am. (5) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 309.03 News media access to inmates {#sec-doc-309.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.03}

(1) Representatives of the news media shall be permitted to visit correctional institutions. Visits and interviews by media representatives with correctional staff and inmates can foster the public’s understanding of the qualities, problems, and needs of inmates and institutions. Such understanding helps to develop community acceptance and support of correctional objectives, including the objective of successful reintegration of offenders into the community.

(2) The warden may permit news media representatives to interview individual inmates, unless one of the following exists:

(a) The warden believes that an interview will jeopardize or be detrimental to any of the following:

The safety or order of the institution.
The welfare of the inmate.
The welfare of the victim, the victim’s family or the community.
Legitimate correctional objectives, including resources.

(b) The inmate is confined in segregation.

(3) Representatives of the news media who visit correctional institutions are subject to the same rules as other visitors. They will not be counted against any limits as to the number of visitors permitted, unless they are on an inmate’s visiting list.

(4) With the written permission of the inmate, news media representatives may photograph the inmate. The permission shall include the date of the photo and the use to be made of it.

(5) The warden shall regulate all visits and interviews conducted pursuant to this section as to time, location, length, and equipment used.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. (2) (intro.), (a) (intro.), 1., 2., (5), cr. (2) (a) 3., 4., r. (2) (b), renum. and am. (2) (c) and (d) to be (2) (b) and (c), Register, September, 1998, No. 513, eff. 10-1-98.

Wis. Admin. Code § DOC 309.04 Inmate mail {#sec-doc-309.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.04}

(1) The department may allow inmates to communicate with their families, friends, government officials, courts, and other people concerned with the welfare of inmates consistent with the need to protect the public.

(2)

(a) Incoming mail addressed to inmates may be opened, examined, censored, and delivered under this section only if the inmate consents in writing to receive mail through institution mail services.

(b) If an inmate does not consent under par. (a), the institution shall return incoming mail addressed to the inmate to the post office unopened marked, “refused.”

(d) All outgoing inmate mail shall be stamped. The stamp shall identify the mail as coming from the Wisconsin state prison system.

(3) Institution staff may not open or read for inspection mail sent by an inmate to any of the parties listed in pars. (a) to (j), unless the security director has reason to believe that the mail contains contraband. Institution staff may open mail received by an inmate from any of these parties in the presence of the inmate. Staff may inspect the document but only to the extent necessary to determine if the mail contains contraband, or if the purpose is misrepresented. Staff may read the mail if staff has reason to believe it is other than a legal document. The department shall process contraband in accordance with sub. (4) (e) (intro.) and 1., (f) and (g). This subsection applies to mail clearly identifiable as being from one or more of the following parties:

(a) An attorney.

(b) The governor of Wisconsin.

(d) Members of the United States congress.

(e) The secretary of the department.

(f) The administrator of the division.

(g) The attorney general or an assistant attorney general of Wisconsin.

(h) An investigative agency of the federal government.

(i) The clerk or judge of any state or federal court.

(j) The President of the United States.

(4) Except as provided in sub. (3), the department shall apply the following restrictions to all inmate correspondence:

(a) Incoming and outgoing mail may be opened and inspected for contraband. It shall not be delivered if it contains contraband.

(b) Correctional staff may read mail other than mail specified in sub. (3) in order to ensure the safety of the institution, institution staff, inmates and the general public. If the correspondence is between inmates and concerns joint legal matters, staff shall not read further and staff shall submit the mail for delivery.

Threatens criminal activity or harm to any person.
Threatens blackmail or extortion.
Concerns sending contraband in or out of an institution.
Concerns plans to escape.
Concerns activity that, if completed, would violate the laws of Wisconsin or the United States or the administrative rules of the department.
Is in code.
Solicits gifts from a person other than a family member or a person on the visiting list.
Is “injurious”, meaning material that:

a. Is pornography.

b. Poses a threat to the security, orderly operation, discipline or safety of the institution.

c. Is inconsistent with or poses a threat to the safety, treatment or rehabilitative goals of an inmate.

d. Facilitates criminal activity.

Contains information that, if communicated, would create a clear danger of physical or mental harm to any person.
Teaches or advocates illegal activity, disruption, or behavior consistent with a gang or a violent ritualistic group.
Is determined by the warden, on a case by case basis, to interfere with an inmate’s penological interests, goals, or needs.
Is determined by the warden, for reasons other than those listed in this paragraph, to be inappropriate for distribution throughout the institution.

(d) The security director shall keep a record of any mail that is read, except inmate to inmate mail. The record shall include the name of the sender and receiver, the date, the reason for reading it, and the name of the reader. Inmates shall address questions regarding mail inspection to the security director.

(e) A record of any mail that is not delivered shall be kept by the security director. It shall include the name of the sender and intended receiver, the date, and the reason for not delivering it.

If it is incoming mail, the letter and a written notice stating why the letter was not delivered shall be sent to the sender, unless the sender was an inmate. The inmate to whom the letter was sent shall be given a written notice that the letter was not delivered and the identity of the sender.
If the letter is outgoing mail, the department shall provide the sender a notice stating why the letter was not delivered. Correctional staff shall dispose of the letter consistent with s. DOC 303.09 (2).

(f) An inmate may appeal decisions regarding non-delivery of mail to the warden, who shall decide the appeal in accordance with this subsection.

(g) A record of cash, checks, money orders, and any negotiable instruments shall be made. It shall include the name of the sender and receiver, the amount, and date.

(h) If the inspection or reading of mail reveals an attempt to send contraband in or out of an institution or to secure delivery of mail that may not be delivered pursuant to par. (c), the security director may order that mail to or from the inmate or sender shall be opened and read for a reasonable period of time.

(5) Parcels, packages, and any other incoming or outgoing items other than correspondence that are mailed or delivered to an inmate may be opened for inspection for contraband. If, upon opening, the contents are found to be damaged, the inmate should be notified.

(6) The department shall dispose of contraband found through inspections conducted pursuant to this section in accordance with s. DOC 303.09 (2).

(7) For violations of administrative rules or policies and procedures made by institutions relating to mail, mail privileges may be suspended by the security director or adjustment committee.

(8) If an inmate is alleged to have violated these rules or institution policies and procedures relating to mail, institution staff may write a conduct report which shall be disposed of in accordance with the rules providing for disciplinary procedures for major offenses. For such violation, the department may impose a penalty which may include suspension of mail privileges with a specific person for a specific period, subject to the following:

(a) An inmate may appeal a suspension of 6 months or less to the warden within 10 days of the imposition.

(b) An inmate may appeal a suspension of more than 6 months to the warden within 10 days of its imposition and thereafter to the administrator.

(9) If a member of the public is alleged to have violated these sections or institution policies and procedures relating to mail, the security director shall investigate and decide if such a violation occurred. If such a violation occurred, the security director may suspend mail privileges with a specific person for a specific period. Suspension of mail privileges may be appealed in accordance with sub. (8).

History

Cr. (3) (h) to (j), (4) (c) 8., 10. to 12., renum. and am. (1) and (2) (c), (3) (intro.) to (g), (4) (intro.), (b), (c) (intro.) to 7., (d), (e) 2., (f), (6), (8) (intro.) to (b) from DOC 309.05 (1), (2) (c), (4) (intro.) to (f), (L), (6) (intro.), (b), (c) (intro.) to 7., (d), (e) 2., (f), (8), (10) (intro.) to (b), renum. (2) (a), (b), (d), (4) (a), (c) 9., (e), 1., (g), (h), (5), (7), (9) from DOC 309.05 (2) (a), (b), (d), (6) (a), (c) 9., (e), 1., (g), (h), (7), (9), (11), r. (6) (c) 8. and 9., (12), Register, September, 1998, No. 513, eff. 10-1-98; emerg. am. (4) (c) 8. a. eff. 2/23/01; CR 01-022: am. (4) (c) 8. a., Register August 2001 No. 548, eff. 9-1-01; CR 11-022: am. (4) (e) 2., (6) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 309.05 Publications {#sec-doc-309.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.05}

(1) The department shall facilitate inmate reading of publications, including books, magazines, newspapers, and pamphlets.

(2) Section DOC 309.04 applies to receipt of publications. In addition, the department shall restrict receipt of publications by inmates as follows:

(a) Inmates may only receive publications directly from the publisher or other recognized commercial sources in their packages.

(b) Inmates may not receive publications that:

Teach or advocate violence or hatred and present a danger to institutional security and order.
Teach or advocate behavior that violates the law of the state or the United States or the rules of the department.
Teach or describe the manufacture or use of weapons, explosives, drugs, or intoxicating substances.
Are injurious as defined in s. DOC 309.04 (4) (c) 8.
Teach or describe the manufacture or use of devices that create a substantial danger of physical harm to self or others.

(c) The department may not prohibit a publication on the basis of its appeal to a particular ethnic, racial, or religious audience or because of the political beliefs expressed therein.

(3) If a publication is not delivered pursuant to sub. (2), the department shall notify the inmate and the sender. The inmate may appeal the decision to the warden within 10 days of the decision.

History

Renum. and am. (1), (2), (3) from DOC 309.06 (1), (2), (3), Register, September, 1998, No. 513, eff. 10-1-98.

Wis. Admin. Code § DOC 309.06 Visitation {#sec-doc-309.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.06}

The department shall administer a visitation program which regulates visitation of inmates by family members, friends, and others consistent with resources available, the department’s responsibility for the secure and orderly operation of institutions, public safety, and the protection of visitors, staff and inmates.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 309.07 Conduct during visits {#sec-doc-309.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.07}

Visitors and inmates shall obey the administrative rules and institution policies and procedures regarding visitation.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 309.08 Visiting list {#sec-doc-309.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.08}

(1) Each inmate shall have an approved visitor’s list.

(a) Except as otherwise provided under this section, the warden shall only permit visitors on the inmate’s approved list to visit the inmate. Except as provided under par. (c), the warden shall only permit each inmate 12 adult visitors on the visiting list.

(b) Children of the inmate and children of approved visitors who have not attained their 18th birthday may visit and the warden shall not count them against the 12 visitors permitted. In order to be permitted to visit an inmate, children shall have written approval of a non-incarcerated custodial parent or legal guardian, or have a court order directing the visit, and their names must appear on the approved visitors list.

(c) The warden may approve more than 12 visitors on the visiting list if the first 12 visitors on the visiting list are close family members.

(d) The institution may require inmates to provide accurate and complete information regarding proposed visitors, including, but not limited to, the name and address of the proposed visitor, the inmate’s relationship to the proposed visitor, and date of birth of the proposed visitor.

(e) The institution may require and utilize information from other sources in determining a proposed visitor’s suitability for visitation.

(f) An inmate may not make any changes in an inmate’s visiting list for a minimum of 6 months from the date of its original approval or for a minimum of 6 months after each subsequent approval or disapproval determination is made.

(2) The department shall establish procedures for the formulation and maintenance of visiting lists.

(3) The warden may place additional limitations or conditions on the visitation of inmates during periods of intensive programming or special placement for an individual inmate or a class of inmates. The additional limitations shall be related to the special programs or placements for security or program reasons. Limitations may include the number of visits or visitors and time or duration of visits. Conditions may include no contact visits or visitation provided by technological means not requiring direct personal contact, such as video connections.

(4) The warden shall determine whether a person may be approved for visiting, including no-contact visiting, or removed from a visiting list based on the following:

(a) The requesting inmate has provided falsified, incorrect, or incomplete information.

(b) The proposed visitor has provided falsified, incorrect, or incomplete information.

(c) There is no signed and dated approval of a non-incarcerated custodial parent or legal guardian for a proposed visitor less than 18 years of age or there is no court order directing the visit.

(d) The warden has reasonable grounds to believe the visitor has attempted to bring contraband into any penal facility, as defined in s. 19.32 (1e), Stats., or that the visitor otherwise poses a threat to the safety and security of visitors, staff, inmates or the institution.

(e) The warden has reasonable grounds to believe that the inmate’s reintegration into the community or rehabilitation would be hindered.

(f) The warden has reasonable grounds to believe that the inmate’s offense history indicates there may be a problem with the proposed visitation.

(g) The warden has reasonable grounds to believe that the proposed visitor may be subjected to victimization.

(h) The proposed visitor has been incarcerated within the last twelve months.

(i) A visitor was approved for visiting by mistake or based on inadequate information.

(j) The proposed visitor is a current or former employee, volunteer, contract agent or similarly situated individual within the past 12 months.

(5) A custodial parent, or authorized adult who is on the approved list, shall accompany visitors who have not attained their 18th birthday, unless the visitor is the spouse of the inmate.

(6) If the warden disapproves a proposed visitor or approves a proposed visitor for no-contact visiting only, the warden shall inform the visitor of the reasons for the action in writing. The proposed visitor may appeal this decision in writing to the warden. An inmate may appeal this decision through the inmate complaint review system.

(7) The warden may permit occasional visits by people not on an inmate’s visiting list. The warden may require notification in advance of such a visit.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 309.09 Regulation of visits for inmates {#sec-doc-309.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.09}

(1) The department shall establish policies and procedures governing visitation in prisons. Each institution shall establish written policies and procedures regarding visitation and shall make them available to inmates and visitors at each institution.

(2) Each institution shall establish a visitation schedule consistent with other institution activities and available resources.

(3) Each institution shall permit each inmate in the general population the opportunity for visitation at least 9 hours per week according to the visitation schedule established under sub. (2).

(4) Each institution shall permit each inmate in a segregated status the opportunity for visitation at least 1 hour per week with the exception of controlled segregation and observation, which require the approval of the warden.

(5) Institutions shall require visitors to provide identification before permitting the visit.

(6) Institutions may limit visitation for inmates in segregation by issuing restrictions concerning minor visitors, number of visitors, hours and location of visits, or if the warden determines that the visit poses a threat to the proposed visitor, staff or inmates.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 309.10 Special visits {#sec-doc-309.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.10}

(1) Public officials, elected tribal officials, tribal judges, and members of private and public organizations who provide services to inmates may visit institutions with the approval of the warden. These visitors shall make arrangements for all such visits in advance with the warden to minimize interference with normal operations and activities. The warden may limit the duration of such visits for security reasons. A person who has not attained the age of 18 may not participate in any group visit except with the approval of the warden, unless the person is a family member on the inmate’s approved visitor list.

(2) The warden shall permit attorneys, attorney aides, and law students to visit their inmate clients to provide professional services during institution business hours on weekdays. The warden shall permit pastoral visits during institution business hours on weekdays. The warden shall not count these persons against the allowable number of visitors or hours of visits of the inmate. The warden may require advance notice of these visits. The warden may approve visits of this type outside institution business hours in emergencies.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; 2017 Wis. Act 59: am. (1) Register October 2017 No. 742, eff. 11-1-17.

Wis. Admin. Code § DOC 309.11 No-contact visiting {#sec-doc-309.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.11}

(1)

(a) The warden may impose no-contact visiting in response to an initial application to visit or upon subsequent review of the visiting status of an inmate or visitor. In making such determination, the warden shall consider the criteria in s. DOC 309.08 (4). After a period of one year the inmate or visitor may request review of the conditions of visiting.

(b) If the warden imposes no-contact visiting on an inmate, the warden may apply no-contact visiting to all visitors of the inmate.

(c) If the warden imposes no-contact visiting on a visitor, the warden may apply no contact visiting to all visits of the visitor, and may recommend to the administrator the no-contact visits be imposed at all other institutions. The administrator may approve the recommendation.

(2) The security director may impose no contact visiting if:

(a) The security director finds that an inmate or visitor has introduced contraband into any institution or engaged in other behavior that threatens security or interferes with the rights of others.

(b) An inmate is in temporary lockup, observation, voluntary confinement, adjustment segregation, program segregation, controlled segregation, disciplinary separation, or administrative confinement.

(3)

(a) If staff allege an inmate has violated visitation rules or institution policies or procedures relating to visitation, staff shall write and dispose of a conduct report in accordance with the rules providing for disciplinary procedures. For a visiting violation, staff may impose any penalty provided in the disciplinary rules.

(b) In addition to any penalty imposed in par. (a), for a visiting violation the security director may impose no-contact visiting for up to one year, and the inmate may appeal this to the warden.

(c) In addition to any penalty imposed in par. (a), for a visiting violation, the warden may impose no-contact visiting for more than one year, and the inmate may appeal this to the administrator.

(4) If staff allege a visitor has violated visitation rules or institution policies and procedures relating to visitation, the security director shall investigate and decide if a violation occurred. If the security director determines a violation occurred, the security director may impose no-contact visiting restrictions on that visitor. The visitor may appeal the no-contact visiting restrictions in accordance with sub. (3). The warden shall inform the visitor and inmate of the restriction promptly in writing and the reasons for it.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 309.12 Revocation, suspension, and termination of visiting privileges {#sec-doc-309.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.12}

(1) In this section:

(a) “Revoke” means to remove visiting privileges based upon new information or changed circumstances that affects visiting approval.

(b) “Suspend” means to restrict the visits of an inmate by a specific visitor for a specific period of time due to an investigation or review process because of an alleged violation of visitation rules, policies and regulations.

(c) “Terminate” means the stopping of a visit in progress, usually based on an alleged violation of visitation rules, policies and regulations during the visit.

(2) A supervisor may terminate a visit, and the warden or security director may suspend or revoke visiting privileges.

(3) If staff allege an inmate has violated visitation rules, policies or procedures during a visit, staff shall write and dispose of a conduct report in accordance with the rules provided for in disciplinary procedures. In addition to any disciplinary penalty, the warden or security director may suspend or revoke visiting privileges, and a supervisor may terminate a visit.

(4) If staff allege a visitor has violated these sections or institution policies and procedures relating to visits, the security director shall investigate and decide if such a violation occurred. If the security director determines that such a violation occurred, the security director may suspend visiting privileges with that visitor. The visitor may appeal the suspension of visiting privileges in accordance with sub. (2). The security director shall inform the visitor and inmate of the suspension promptly in writing and the reasons for it.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 309.13 Special events {#sec-doc-309.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.13}

Special events may be held in correctional institutions subject to the approval and regulation of the warden.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 309.155 Legal services {#sec-doc-309.155 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.155}

(1) Policy. It is the policy of the department to permit inmates reasonable access to the judicial process and to legal materials, and to afford a reasonable opportunity to prepare legal documents. Such access serves important rehabilitative goals and ensures effective procedures for raising and resolving complaints about institution practices and policies.

(2) Access to courts. Inmates shall have access to courts and administrative agencies. Inmates’ decisions to seek judicial or administrative relief shall not adversely affect their program, security classification or assignment to an institution.

(3) Access to legal materials. Each institution, except correctional centers and the Wisconsin resource center, shall maintain a law library and make legal materials available to inmates at reasonable times and for reasonable periods. Special provisions shall be made to provide access to legal materials for inmates with a special legal need and for inmates with a special need, such as illiteracy. The department may employ the use of current technology in providing access to legal materials.

(4) Access to legal assistance. The department shall make reasonable efforts to ensure that adequate legal services are available to indigent inmates. These legal services need not be provided directly by the department, but may be provided by outside agencies. The legal services by these agencies may include services provided by lawyers, law students and aides supervised by lawyers and paraprofessionals.

(5) Inmate to inmate legal services. Inmates may provide legal services to other inmates except that institutions may regulate the time and place of such legal services. Compensation of any kind for the provisions of such inmate to inmate legal services is prohibited. The department is not responsible for legal materials not provided by the department that are given to other inmates.

History

Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § DOC 309.20 Personal property {#sec-doc-309.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.20}

(1) Policy. The department shall permit inmates to have personal property in their possession in an institution subject to this section and the policies and procedures established under this section by the administrator or by the warden, relating to the acquisition, possession, use and disposal of inmate property.

(2) Inventory. Each institution shall monitor and control authorized property in an inmate’s possession. A written inventory shall be maintained of all authorized personal property in an inmate’s possession. An inmate is responsible for notifying the institution property department immediately if a discrepancy exists between the inventory and the property in the inmate’s possession.

(3) Acquisition, possession and use. Each warden shall develop policies and procedures subject to the approval of the administrator, relating to the acquisition, possession and use of the personal property of inmates within the institution, and including the following components:

(a) A written list of the personal property items permitted at the institution. The list and any changes to it shall be approved by the administrator of the division of adult institutions.

(b) Permissible methods by which personal property may be acquired by an inmate, including either of the following:

Purchase from institution canteen.
Purchase from approved retail outlets.
Gifts from friends and relatives brought in on visits; or
Other methods approved by the institution.

(c) An inmate shall store all personal property as specified by each institution. The volume of an inmate’s possession may not exceed the maximums provided under this section.

(d) All inmate personal property, excluding medically prescribed items, hobby materials, legal materials, electronic equipment, typewriters, fans or other large items, shall fit in a receptacle which is no larger than 32″ x 16″ x 16″ or 8192 cubic inches.

(e) All inmate hobby materials shall fit in a receptacle which is no larger than 14″ x 14″ x 14″ or 2744 cubic inches, except one oversized item.

(f) The department shall allow an inmate legal materials which are necessary for that inmate’s legal actions or the actions of another inmate whom the first inmate is assisting. All of an inmate’s legal materials which are kept in the inmate’s cell or room shall fit in a receptacle which is no larger than 20″ x 20″ x 20″ or 8000 cubic inches. A warden may authorize additional storage space on a temporary basis upon demonstrated need in connection with on-going litigation and consistent with fire codes and regulations.

(g) Repair of inmate property shall be at the inmate’s expense. Loss or damage to property caused by another inmate is not the responsibility of the institution. Repair or replacement of loss or damage caused by institution staff shall be at the expense of the institution. Value of property shall be determined in accordance with sub. (5).

(4) Disposal. Each warden shall develop policies and procedures subject to the approval of the administrator, relating to the disposal of personal property of inmates within the institution. The department shall provide inmates the option of choosing the method of disposal subject to security concerns. The department shall include the following components:

(a) Inmates released to discretionary parole, mandatory parole or discharge shall be notified in advance of their release date that the options for disposal of their personal property are as follows:

Property may be taken with the inmate at the time of release.
Property may be sent by commercial carrier on or before the date of release. An inmate shall make arrangements through the institution business office prior to release for this service and payment shall be made from the inmate’s account.
Arrangements may be made in advance for pickup of all property, on or before the date of release, except for necessities which are required by the inmate during the balance of incarceration, and which the inmate can take on the day of release.
Upon an inmate’s release to parole or mandatory release, the department shall disburse funds in the inmate’s account as specified in s. DOC 309.49 (5).
Unclaimed property shall be held for a one year period after the date of release, after which time the property shall be disposed of in accordance with s. DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.

(b) Upon the escape of any inmate, the institution shall collect all personal property of the inmate as soon as possible, prepare an inventory of such property and place the property in a secure area for safekeeping.

The institution shall hold property and funds of an inmate who has escaped for a period of 30 days after which time the property shall be considered abandoned. The institution shall dispose of the abandoned inmate personal property in accordance with the policies and procedures of the institution. The institution shall not be responsible for damage due to prolonged storage. The institution shall not release property to family members solely at the request of the inmate’s family members.
If an inmate is apprehended and returned to an institution within one year of the date of escape, the inmate’s property stored under this paragraph shall be transferred to the institution of placement by the institution from which the inmate escaped. If an inmate is incarcerated in a prison or jail which is not under the jurisdiction of the department, the property may be transferred upon the written request of the inmate and at the inmate’s expense to the location of the inmate’s confinement.

Approve the disbursement of property and funds to next of kin if the property and funds do not exceed $150.00 in value in accordance with s. 302.14, Stats.
Prepare an affidavit for transfer of property under s. 867.03, Stats., if the property and funds value more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and filed with the institution and the Wisconsin department of revenue prior to transfer of property to the next of kin in accordance with s. 867.03, Stats.
Unclaimed property shall be held for a one year period after the date of death, after which time the property shall be disposed of in accordance with s. DOC 303.09 (2). The institution shall not be responsible for damage due to prolonged storage.

(d) Inmates who are currently incarcerated shall be notified that the options for disposal of their personal property are as follows:

The department shall, upon notification to the inmate, return to the sender items received at an institution which are not approved. The department shall forward these items by commercial carrier to a person on the inmate’s visiting list at the inmate’s expense, or arrange to have these items picked up by a person on the inmate’s approved visiting list within 30 days. The institution shall immediately dispose of items which are not approved and pose a security concern to the institution. The warden shall dispose of property which cannot be disposed of as provided in this paragraph, at the discretion of the warden.
Items which are contraband shall be disposed of in accordance with s. DOC 303.09 (2).
Inmates shall be given written notice within 10 days of the disposal of any of their personal property.
The department shall permit inmates to sell to other inmates only property items which are specified in policies and procedures established by each warden and subject to approval by the administrator.

(5) Value of property. The cost of a musical instrument or individual or combination electronic item may not exceed $500.00, excluding taxes and shipping costs. The cost of other items except those which are medically prescribed may not exceed $150.00 for each item, excluding taxes and shipping costs. Personal property shall require a receipt from the merchandise supplier. In case of loss or damage caused by the staff of an institution, the value of an inmate’s personal property shall equal its value at the time of loss or damage, not to exceed its purchase price.

(6) Transportation of property. The administrator of the division of adult institutions shall develop procedures regulating the transportation of inmate personal property between institutions, subject to the following:

(a) Items of personal property may not exceed the size limitations under sub. (3) (d) through (f). Property in excess of these limitations shall be disposed of in accordance with sub. (4).

(b) For the purposes of transportation, an inmate’s legal materials shall fit in a receptacle which is no larger than 20″ x 20″ x 20″ or 8000 cubic inches. Commercial carrier shall ship materials in excess of this amount at the inmate’s expense. The warden may authorize payment of shipping costs for excess materials if the inmate can establish indigence in accordance with s. DOC 309.36.

(7) Contraband. The institution shall consider items not permitted at an institution or permitted but not on an inmate’s property list under sub. (2) contraband and subject the items to seizure and disposition under s. DOC 303.09 (2). The institution may subject an inmate to discipline for possessing contraband under ss. DOC 303.42 through 303.49.

History

Renum. from DOC 309.35, am. (1), (3), (b) (intro.), 1., 2., (c), (f), (4) (intro.), (a) 4., (b) 1., (c) (intro.), (d) 1., 4., (6) (b) and (7), Register, September, 1998, No. 513, eff. 10-1-98; correction in (4) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 11-022: am. (4) (a) 5., (c) 3., (d) 2., (7) Register September 2014 No. 705, eff. 1-1-15: EmR2307: emerg. am. (5), eff. 5-3-23; CR 23-029: am. (5) Register February 2024 No. 818, eff. 3-1-24.

Wis. Admin. Code § DOC 309.23 Food {#sec-doc-309.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.23}

(1) The department shall provide nutritious and quality food for all inmates. Menus shall satisfy generally accepted nutritional standards. The sanitation requirements set by the warden at each institution shall be in writing and shall also be satisfied.

(2) Each institution shall make written policies regulating eating outside the dining area. Institutions may forbid taking certain foods into or out of the dining area and living quarters.

(3) The menu for each institution shall be posted once a week for the following week. However, menus may be subject to change.

(4) Consistent with available resources, inmates who require a modified diet for medical reasons shall be provided with such a modified diet.

(5) An inmate may abstain from any foods that violate the inmate’s religion. Consistent with available resources, staff shall provide a substitute from other available foods from the menu at that meal. The substitution shall be consistent with sub. (1).

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; renum. from DOC 309.37 and am., Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § DOC 309.24 Personal hygiene {#sec-doc-309.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.24}

(1) Each institution shall enforce the maintenance of good personal hygiene standards for its inmates. Personal cleanliness shall be the responsibility of each inmate. Adequate facilities shall be provided for this purpose.

(2) Institutions shall provide a minimum of 2 bathing periods per week for each inmate. Clean undergarments, shirts, and stockings shall be allowed for or provided at least twice each week. Inmates whose work or other activity makes it desirable shall be allowed more frequent bathing and changes of clothing.

(3) Grooming shall be regulated as follows:

(a) Specific policies and procedures for hairdressing, use of cosmetics, and personal hygiene shall be made by the division of adult institutions.

(b) The department has the authority to regulate the length of hair, mustaches, and beards based upon institution health and safety concerns.

(c) Inmates assigned to food preparation and serving areas shall be required to wear hairnets or other suitable hair covering.

(d) Inmates performing work assignments that may reasonably be considered to be hazardous shall maintain suitably cropped hair or wear protective appliances or headgear for safety purposes.

(e) The length of an inmate’s fingernails may not exceed the end of the inmate’s fingertips.

(f) Use of hair pins, barrettes, or curlers are permitted under such policies and procedures established by the warden. These policies and procedures shall be in writing.

(g) An institution may require new identification photographs of any inmate whose appearance changes.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; renum. from DOC 309.38 and am. (3) (d) and (f), cr. (3) (b), (e) and (g), Register, November, 1997, No. 503, eff. 12-1-97.

Wis. Admin. Code § DOC 309.245 Maintaining orderly and clean living quarters {#sec-doc-309.245 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.245}

(1) An inmate shall keep assigned quarters neat and clean. Institution staff shall make necessary cleaning materials available to the inmate for this purpose.

(2) Bed sheets, pillow cases, and towels shall be changed at least once a week. Each inmate shall be provided with a standard issue of blankets and similar items necessary for physical comfort. The inmate shall take proper care of these items.

(3) The warden may establish other appropriate specific policies and procedures to ensure the maintenance of clean quarters to maintain institution health and safety. These policies and procedures shall be in writing.

History

Cr. Register, November, 1997, No. 503, eff. 12-1-97; renum. from s. DOC 309.255 under s. 13.93 (2m) (b) 1., Stats., Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § DOC 309.36 Leisure time activities {#sec-doc-309.36 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.36}

(1) The department shall provide as much leisure time activity as possible for inmates, consistent with available resources and scheduled programs and work. Leisure time activity is free time outside the cell or room during which the inmate may be involved in activities such as recreational reading, sports, film and television viewing, and handicrafts.

(2) Each institution shall permit inmates to participate in leisure time activities for at least 4 hours per week. Institutions with the facilities to permit more leisure time activity should do so.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81.

Wis. Admin. Code § DOC 309.365 Inmate activity groups {#sec-doc-309.365 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.365}

(1) Definitions. In this section:

(a) “Activity group” means a group of inmates organized to promote educational, social, cultural, religious, recreational or other lawful leisure time activities.

(b) “Inmate union” means an organization of inmates formed for the sole purpose of serving the inmates’ collective interest with respect to conditions of confinement issues such as inmate wages, working conditions, housing conditions, programming and services.

(2) Approval required.

(a) With the exception of organizational activities approved by the superintendent under sub. (3), no group of inmates may refer to itself by a collective name, conduct meetings or engage in any organized activity which promotes identification with a particular group unless the group has been approved by the superintendent under sub. (5).

(b) With the exception of organizational activities approved by the superintendent under sub. (3), no individual inmate or other person from inside or outside the institution may attempt to carry out organized activities within an institution which promote identification with a particular group unless the group has been approved under sub. (5).

(3) Approval of organizational activities. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for permission to engage in organizational activities necessary to formulate a request for approval as an activity group under sub. (4). The request submitted under this subsection shall state the objectives and proposed activities of the proposed activity group and the activities necessary to formulate a request for approval under sub. (4). Using the criteria listed in sub. (5) (b) 1., the superintendent shall determine within 14 calendar days after receipt of the request whether to permit the requested organizational activities.

(4) Requests for approval. A group of inmates or an inmate on behalf of a group may submit a written request to the superintendent for approval as an activity group. The request shall include:

(a) The name of the group;

(b) The group’s mailing address and phone number, if other than that of the institution;

(d) The group’s objectives and proposed activities;

(e) The inmate population the group intends to include;

(f) The group’s charter, constitution or by-laws, or all 3 documents;

(g) The institutional services and resources, such as staff time or meeting rooms, needed for the group’s activities; and

(h) The anticipated length and frequency of group meetings or activities.

(5) Criteria for approval of groups.

(a) The decision to approve a group as an activity group rests solely with the superintendent.

(b) In determining whether to approve a group, the superintendent shall:

Consider whether the objectives of the group promote educational, social, cultural, religious, recreational or other lawful leisure time interests of the inmates who will participate in the group’s activities;
Consider whether the proposed activities can be accommodated within the available resources of the institution;
Balance the benefits of the group’s activities and services against the necessary allocation of staff time and institution resources to the group. The consideration of the group’s benefits to inmates is subject to s. DOC 309.61 (1) (a).
Consider whether the activities, services or benefits offered by the group are adequately provided by existing programs, groups or resources readily available to the inmate population.

An inmate union; or
A group that he or she has reasonable grounds to believe is a security threat group, as defined in s. DOC 303.02 (30).

(d) The superintendent shall approve or disapprove a request submitted under sub. (4) within 14 calendar days after receipt of the request.

(e) If the superintendent approves an activity group, he or she shall specify in writing:

The types of activities the group may undertake;
The times at which the group may hold its meetings and activities;
The places where the group may hold its meetings and activities;
The maximum number of members of the group;
Whether persons from outside the institution may participate in the group’s meetings or activities, and the maximum number of those persons permitted;
The name of the staff member assigned as advisor to the group;
Whether a staff member’s presence is required at group meetings and activities;
Whether the group is required to provide the superintendent with an agenda prior to meetings, minutes of its meetings, and a list of inmates and other persons who attend its meetings; and
Whether the group is required to provide the superintendent with an up-to-date list of group members.

(6) Institutional policies. Each superintendent shall establish written policies which cover:

(a) Money-making activities by groups;

(b) Group membership dues;

(d) The responsibilities of staff advisors to groups; and

(e) Fiscal responsibility requirements of groups.

(7) Withdrawal of approval.

(a) A superintendent may withdraw approval of an activity group if he or she has reasonable grounds to believe that:

The group has created a disturbance as defined in s. DOC 306.22;
The group poses a threat to the order and security of the institution;
The group has developed a purpose or practice outside the scope of its original charter, constitution or by-laws;
The group’s purposes and activities no longer provide benefits to inmates which, on balance, warrant the staff time and institution resources which must be allocated to the group; or
The group has violated a statute, administrative rule or institutional policy or procedure.

(b) The superintendent shall notify the activity group in writing of the withdrawal of approval and of the reasons for the withdrawal.

History

Emerg. cr. eff. 12-5-86; cr. Register, June, 1987, No. 378, eff. 7-1-87; CR 11-022: am. (5) (c) 2. Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 309.39 Inmate telephone calls {#sec-doc-309.39 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.39}

(1) The department shall encourage communication between an inmate and an inmate’s family, friends, government officials, courts, and people concerned with the welfare of the inmate. Communication fosters reintegration into the community and the maintenance of family ties. It helps to motivate the inmate and thus contributes to morale and to the security of the inmate and staff. A telephone shall be used in a lawful manner.

(2)

(a) The warden shall establish facilities for inmate telephone use.

(b) An inmate who wishes to use an institution telephone shall use a telephone provided for inmate telephone calls, shall comply with these rules, and shall comply with institution policies and procedures established under sub. (10).

(c) An inmate may be permitted to phone individuals of the inmate’s choice who are on the approved visiting list as provided under s. DOC 309.12 and others as provided in this chapter.

(d) An inmate may make a properly placed telephone call to an attorney. For the purposes of this section, “properly placed” means an inmate telephone call to an attorney placed in compliance with this section, these rules, and the procedures of the institution.

(3) Each inmate shall be permitted to make a minimum of one telephone call per month. Where resources permit, more than one telephone call may be allowed and is encouraged.

(a) Telephone calls not made during the month may not be banked for use at a later date.

(b) The inmate may be prohibited from calling if in segregated status, but may be permitted to make calls under s. DOC 309.405 or 309.41 (2).

(4) All calls shall be made collect unless payment from the inmate’s general account is approved. Third party billing or electronic transfer of an inmate’s call to a third party is not permitted. The inmate is responsible for any misuse of the telephone subject to this section and the policies and procedures established by the administrator of the division of adult institutions or by the warden, relating to the use of telephones. The warden shall refer an incident of unlawful telephone use by an inmate to appropriate law enforcement authority.

(5) Calls shall not exceed 6 minutes in duration, without permission.

(6) A corrections officer or supervisor may do all of the following:

(a) Monitor and record an inmate’s phone call. A corrections officer or supervisor may not knowingly monitor or record a properly placed telephone call to an attorney. For the purpose of this paragraph, “knowingly” means that the corrections officer or supervisor is aware that the inmate has obtained approval from the appropriate staff member for the telephone call to an attorney or the telephone number which the inmate calls is the inmate’s attorney telephone number or that during a monitored telephone conversation the corrections officer or supervisor becomes aware that the call is a telephone call to an attorney. For the purpose of this paragraph, “attorney” means the inmate’s lawyer of record or an attorney with whom the inmate has a client-attorney relationship or an attorney with whom the inmate seeks to establish a client-attorney relationship. A telephone call to an attorney which is recorded under this section shall be considered privileged to the extent provided under s. 905.03, Stats., and shall not be disclosable under s. 19.35, Stats. Upon learning that a telephone call to an attorney was monitored or recorded, the warden of the institution which monitored or recorded the telephone call shall notify the pertinent inmate and the attorney that the telephone call was monitored or recorded.

(b) Record the date, time, destination, number, duration of a call, and the conversation.

A member of the adjustment committee.
The director of the office of offender classification.
The warden.
The administrator of the division of adult institutions.
The secretary of the department of corrections.
An investigative officer.
A law enforcement officer.

(d) Use the contents of a recording of an inmate’s telephone conversation for any of the following reasons:

For disciplinary purposes.
In deciding placement or transfer of an inmate.
For investigations of an inmate’s plans to escape.
For investigations of threats to the security of the correctional facility.
For investigations of threats to the safety, health or welfare of employees, the public, and other inmates.
For investigations of threats against witnesses.
For investigations of trafficking of drugs or other contraband.
For investigations of any illegal activity.
As evidence in administrative and judicial proceedings.

(7) A corrections officer or supervisor may use a recording of an inmate telephone call only for the purposes stated in sub. (6) (d).

(8) During assessment and evaluation an inmate shall be given a notice written in English and Spanish which informs the inmate of the monitoring and recording of any calls. A non-English or non-Spanish speaking inmate shall be provided notice written in the inmate’s native language or, if the notice can not be translated, provided orally in the inmate’s native language. The inmate shall sign a receipt for the notice or the institution staff member shall note in writing the inmate’s receipt of the notice if the inmate declines to sign the receipt.

(9) A written notice in English and Spanish shall be posted on the telephone or near enough to the telephone used by an inmate that the inmate will be able to read the notice when the inmate uses the telephone. The notice shall inform the inmate that a call other than a properly approved call to an attorney shall be monitored and recorded and that the use of the telephone constitutes consent to the monitoring and recording.

(10) In order to preserve the security and orderly management of the institution and to protect the public, the warden may establish policy or procedures subject to the approval of the administrator relating to the use of telephones.

History

Cr. Register, October, 1981. No. 310, eff. 11-1-81; am. (1) and (4), r. and recr. (2), cr. (6) to (10), Register, September, 1995, No. 477, eff. 10-1-95; renum. from DOC 309.56, Register, September, 1998, No. 513, eff. 10-1-98.

Wis. Admin. Code § DOC 309.40 Clothing {#sec-doc-309.40 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.40}

(1) Each inmate shall be provided with adequate clothing. Inmates are required to maintain this clothing in good condition. Worn clothing shall be exchanged.

(2) Each institution shall make policies relating to wearing personal clothing. These policies must be approved by the administrator of the division of adult institutions.

(3) Inmates shall dress in a clean, neat, and appropriate manner.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81.

Wis. Admin. Code § DOC 309.405 Telephone calls to attorneys {#sec-doc-309.405 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.405}

(1) Inmates may call attorneys regarding legal matters with the permission of the appropriate staff member. Such calls may be made regardless of the inmate’s security status.

(2) An inmate’s telephone calls to an attorney are not subject to the maximum limit in number, and an attorney’s name need not be on the inmate’s approved visiting list.

(3) An inmate’s telephone calls to an attorney shall be made collect unless payments from the inmate’s general account is approved.

(4) Staff shall give permission for calls to attorneys for the following reasons:

(a) To allow an inmate to return a call from an attorney.

(b) When there is a statutory time limit that would be missed and the inmate needs to convey information to the attorney.

(d) When an inmate is unable to write.

(e) When an emergency exists.

History

Renum. from DOC 309.57 and am. (4) (a) to (d), Register, September, 1998, No. 513, eff. 10-1-98.

Wis. Admin. Code § DOC 309.41 Incoming and emergency calls {#sec-doc-309.41 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.41}

(1) Because of the difficulty of reaching inmates for incoming calls, a person calling an inmate should be asked to leave a message. The message shall be delivered to the inmate as soon as possible.

(2) In the case of emergencies, including but not limited to critical illness or death of a close family member of an inmate, a special telephone call may be permitted regardless of the security status of the inmate or the number of calls already made during that month.

History

Renum. from DOC 309.58, Register, September, 1998, No. 513, eff. 10-1-98.

Wis. Admin. Code § DOC 309.42 Calls between inmates {#sec-doc-309.42 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.42}

(1) The department shall permit an inmate to make telephone calls to the inmate’s spouse, parent, or child committed to another Wisconsin correctional or mental health institution. The department shall permit calls under this section only after prior arrangements through appropriate staff have been made. Calls under this section shall be paid for from the account of the inmate originally requesting the call.

(2) Calls under this section are subject to the limits under s. DOC 309.39 (3).

History

Renum. from DOC 309.59 and am. (1), Register, September, 1998, No. 513, eff. 10-1-98.

Wis. Admin. Code § DOC 309.43 Procedure for approval {#sec-doc-309.43 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.43}

(1) Each institution shall make a written policy available to inmates that contains a specific procedure for requesting telephone calls and that sets time limits for the calls. The procedure shall be consistent with this chapter.

(2) The warden may make exceptions to any limits on inmate calls consistent with the policy of this chapter.

History

Renum. from DOC 309.60 and am. (2), Register, September, 1998, No. 513, eff. 10-1-98.

Wis. Admin. Code § DOC 309.45 Inmate funds and canteen — purpose {#sec-doc-309.45 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.45}

The department shall manage inmate funds and permit and forbid spending to achieve the following objectives:

(1) To promote the eventual successful reintegration of inmates into society through a policy designed to ensure that an inmate will have funds available upon release and can manage them responsibly;

(2) To prevent the exchange of contraband and victimization within institutions by prohibiting inmates from carrying money and by requiring all inmate funds to be deposited in accounts for the inmate;

(3) To develop a sense of responsibility on the part of inmates for payment of family financial obligations and debts;

(4) To permit inmates to obtain personal property in accordance with s. DOC 309.20; and

(5) To give inmates the opportunity to manage their funds in a manner consistent with ss. DOC 309.45 to 309.52.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. am. (1), eff. 5-15-86; am. Register, September, 1986, No. 369, eff. 10-1-86; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1998, No. 513.

Wis. Admin. Code § DOC 309.46 Deposit of money {#sec-doc-309.46 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.46}

All money in any form delivered to any institution for the benefit of an inmate shall be delivered to the institution business manager. The institution business manager shall credit the appropriate account in the name of the inmate in accordance with these sections and ch. DOC 324.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81.

Wis. Admin. Code § DOC 309.465 Crime victim and witness assistance surcharge {#sec-doc-309.465 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.465}

For an inmate who committed a crime on or after October 1, 1983, and who has not paid the crime victim and witness assistance surcharge required under s. 973.045, Stats., upon transfer to the first permanent placement and in all subsequent placements in correctional institutions, the institution business office shall deduct 25% of all income earned by or received for the benefit of the inmate until the surcharge is paid in full. The business office shall forward the funds to the state treasurer to satisfy the surcharge in accordance with s. 973.045, Stats.

History

Emerg. cr. eff. 5-15-86; cr. Register, September, 1986, No. 369, eff. 10-1-86.

Wis. Admin. Code § DOC 309.466 Release account funds {#sec-doc-309.466 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.466}

(1) Upon transfer of the inmate to the first placement, following initial classification under s. DOC 302.16, and in all subsequent reclassifications under s. DOC 302.17, the institution business office shall deduct 10% of all income earned by or received for the benefit of the inmate, except from work release and study release funds under ch. DOC 324, until $5,000 is accumulated, and shall deposit the funds in a release account in the inmate’s name. The department shall adjust the maximum release account amount every 5 years by multiplying $5,000 by the percentage increase of the Consumer Price Index, as defined in s. 16.004 (8) (e) 1., Stats., from January 1, 2010 to January 1 of the next fifth year [2015, 2020] and adding that amount to $5,000, rounded to the nearest $100 increment. If the Consumer Price Index reflects a percentage decrease, the maximum release account amount will not be reduced but remain the same.

(2) Prior to release, the department may authorize the disbursement of release account funds for purposes that will aid the inmate’s reintegration into the community or that will reimburse the department for incarceration costs, including legal loans and restitution. Following the inmate’s release, these funds shall be disbursed in accordance with s. DOC 309.49 (5).

(3) An inmate may request that release account funds be deposited in an interest-bearing account established at a bank designated by the department. Deposits shall be made in accordance with department procedures. All interest earned by these funds shall accrue to the inmate and shall be exempt from release account deductions under sub. (1).

(4) An inmate may request that general account funds be transferred to his or her release account up to the release account limit established by the department under sub. (1).

(5) The institution business office shall disburse release account funds in accordance with s. DOC 309.48.

History

Emerg. cr. eff. 5-15-86; cr. Register, September, 1986, No. 369, eff. 10-1-86; EmR0920: emerg. am. (1) and (2), cr. (5), eff. 9-10-09; CR 09-075: am. (1) and (2), cr. (5) Register March 2010 No. 651, eff. 4-1-10; CR 17-026: am. (1), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 309.47 Receipts {#sec-doc-309.47 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.47}

Inmates shall be provided with a receipt or monthly statement of transactions involving personal funds and shall receive a periodic statement from an institution savings account containing the inmate’s funds.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81.

Wis. Admin. Code § DOC 309.48 Procedure for inmate requests for disbursements of inmate account funds {#sec-doc-309.48 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.48}

Each institution shall set forth in writing a procedure whereby inmates may request the disbursement of funds. This procedure shall be consistent with ss. DOC 309.45 to 309.52 and shall include the following information:

(1) How and to whom requests must be made;

(2) What information requests shall include;

(3) Who investigates requests;

(4) Who approves or disapproves requests;

(5) Notice that the inmate may appeal to the superintendent any decision not made by the superintendent;

(6) Notice that all decisions shall be in writing, shall state the underlying facts and shall be based on reasons consistent with s. DOC 309.45;

(7) Time limits for decisions; and

(8) Notice to the inmate that, if the recipient of funds is receiving government aid, the recipient may have a duty to report receipt of the inmate’s funds.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; EmR0920: emerg. am. (title), eff. 9-10-09; CR 09-075: am. (title) Register March 2010 No. 651, eff. 4-1-10.

Wis. Admin. Code § DOC 309.49 Disbursement of inmate account funds {#sec-doc-309.49 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.49}

(1) General account funds, in excess of the amount specified for canteen, under s. DOC 309.52 (1) (b), shall be disbursed by the institution business manager under sub. (3). All disbursements shall be consistent with the purposes under s. DOC 309.45.

(2) Inmates may request to have general account funds disbursed for any reason. The procedure for processing inmate requests is required to be written under s. DOC 309.48.

(3) Requests for disbursement in excess of $25 to more than one close family member and to other persons under sub. (4) (a) may be made only with written permission of the superintendent or designee. All other disbursements are approved or disapproved by the person designated by the institution under s. DOC 309.48 (4).

(4) The objectives of s. DOC 309.45 may be fulfilled by disbursements of general account funds in excess of the canteen limit including, but not limited to, the following:

(a) To any source not including sources under par. (b), (c), (d), or (f) only with written permission from the superintendent under sub. (3).

(b) Twenty-five dollars or less to the inmate’s one close family member once every 30 days. Such disbursements do not require approval by the superintendent.

(c) To deposit in an interest bearing account established in the inmate’s name at a bank designated by the department. All interest shall accrue to the inmate. Such disbursements do not require approval by the superintendent.

(d) To purchase United States savings bonds. Bonds purchased for others are subject to the limitations under par. (b). Bonds purchased shall be retained by the institution business manager until redeemed or until the inmate’s release. Any redemption money shall be returned to the general account. Such disbursements do not require approval by the superintendent.

(e) To pay creditors’ claims acknowledged in writing by the inmate and claims reduced to judgment. Such disbursements require approval by the superintendent. If necessary, the claims may be verified.

(f) To pay costs of temporary release under ch. DOC 325 and leave for qualified inmates under ch. DOC 326. Such disbursements do not require approval by the superintendent.

(4m) An inmate may request that the institution business office disburse release account funds. The institution business office shall disburse release account funds only for reasons consistent with the purposes under s. DOC 309.466 or subject to a lawful court order.

(5) Before releasing an inmate to field supervision, the releasing institution shall inform the parole agent of the balances in the inmate’s general account, release account under s. DOC 309.466 and segregated account, if any, under s. DOC 309.50. The agent shall instruct the institution business manager as to where these balances shall be transferred. Following release, the former inmate may use funds formerly held in his or her institution accounts only with the approval of the agent. When the client is discharged from field supervision, any remaining funds from these accounts shall be paid to the client.

(6) Inmates may not open charge accounts or possess charge cards.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; emerg. r. (5), eff. 5-15-86; r. and recr. (5), September, 1986, No. 369, eff. 10-1-86; EmR0920: emerg. am. (title), cr. (4m), eff. 9-10-09; CR 09-075: am. (title), cr. (4m) Register March 2010 No. 651, eff. 4-1-10.

Wis. Admin. Code § DOC 309.495 Transportation for inmates upon release {#sec-doc-309.495 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.495}

The department shall arrange for the transportation of an inmate released from an institution to the inmate’s release placement location in the state, or shall give the inmate the means to procure transportation to that location.

History

Emerg. cr. eff. 5-15-86; cr. Register, September, 1986, No. 369, eff. 10-1-86.

Wis. Admin. Code § DOC 309.50 Segregated account funds {#sec-doc-309.50 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.50}

(1) Funds received for inmates on work or study release shall be credited to a segregated account.

(2) Collection and disbursement of funds received under sub. (1) shall be governed under ch. DOC 324.

(3) Funds received by inmates for enrollment in programs within the institution and funded by the institution shall be placed in a segregated account. Inmates shall be required to pay the costs of tuition and books from these funds. If an inmate refuses to do so, it may be grounds for removal from a program.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81.

Wis. Admin. Code § DOC 309.51 Funds for legal correspondence and copying {#sec-doc-309.51 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.51}

(1) Correspondence to courts, attorneys, parties in litigation, the inmate complaint review system under ch. DOC 310 or the parole board may not be denied due to lack of funds, except as limited in this subsection. Inmates without sufficient funds in their general account to pay for paper, photocopy work, or postage may receive a loan from the institution where they reside. No inmate may receive more than $200 annually under this subsection, except that any amount of the debt the inmate repays during the year may be advanced to the inmate again without counting against the $200 loan limit. The $200 loan limit may be exceeded with the superintendent’s approval if the inmate demonstrates an extraordinary need, such as a court order requiring submission of specified documents. The institution shall charge any amount advanced under this subsection to the inmate’s general account for future repayment. An inmate may be permitted to retain in the inmate’s general account an amount of money specified, in writing, by the bureau of adult institutions that is not subject to repayment of the loan.

(2) The costs to inmates of engaging in correspondence described in sub. (1) may not exceed the following:

(a) Fifteen cents per page of photocopy; and

(b) Two cents per sheet of paper.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; am. (1), r. and recr. (2), Register, December, 1989, No. 408, eff. 1-1-90.

Wis. Admin. Code § DOC 309.52 Canteen {#sec-doc-309.52 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.52}

(1)

(a) Each institution shall maintain a canteen accessible directly or indirectly to inmates to facilitate purchase of property approved under s. DOC 309.20. Institution staff may consult with the inmate population in selecting canteen stock.

(b) The division of adult institutions shall establish, in writing, a maximum allowable amount of money that may be spent during a specified period of time. The division should adjust this amount periodically to reflect the impact of inflation on purchasing power.

(c) A current list of approved and available merchandise, giving the price of each item, shall be conspicuously posted at each canteen. Copies shall be made available to inmates who do not have direct access to the canteen.

(d) Institutions shall permit inmates to purchase approved personal property not carried in the canteen. The procedures to be followed shall be written and available to inmates. The procedures shall permit purchases from a sufficient number of enterprises to ensure a reasonable selection and a competitive price.

(2) Each institution canteen shall maintain an identification and bookkeeping system for withdrawal of funds from the inmate’s general account for purchases made through the canteen. No canteen shall use money as a means of exchange.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1998, No. 513.

Wis. Admin. Code § DOC 309.55 Compensation {#sec-doc-309.55 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.55}

(1) Purposes and applicability.

(a) Except as provided under sub. (7), this section shall govern compensation for inmates participating in approved work and program assignments while confined in a correctional institution. This section does not apply to corrections industries or the prison farms. Inmates participating in work and program assignments are not employees of the state.

(b) The purposes of this section are:

To provide uniform and fair compensation standards to encourage and reinforce positive inmate behavior;
To enable inmates to make purchases from the canteen and accumulate funds to assist them upon their release;
To encourage inmates to complete their assignments successfully;
To promote institutional order by providing inmates with an incentive for good behavior; and
To encourage inmates to develop skills that will be useful in helping them to become reintegrated into the community upon release.

(2) Definitions. In this subsection:

(a) “Full performance level” means the maximum level of performance expected on a work assignment or program assignment other than school or vocational training in terms of skills exhibited, output achieved, responsibility, diligence and effort shown, and level of supervision required.

(b) “Program assignment” means a placement in a school, vocational training or other program to which the inmate has been assigned by a program review committee in accordance with ch. DOC 302.

(c) “Range” means the ranking established by an institution for a work assignment or for a program assignment other than school or vocational training, based on the skill and responsibility required for the assignment.

(3) Eligibility. Except as provided under sub. (7), only inmates participating in approved work and program assignments while confined in a correctional institution shall be compensated.

(4) Exceptions. No compensation may be paid under this section to an inmate who:

(a) Participates in a work release program approved under ch. DOC 324, unless the inmate participates in a work or program assignment in a correctional institution in addition to the work release program;

(b) Participates in a work or program assignment while assigned to the assessment and evaluation program at Dodge correctional institution;

(d) Is voluntarily unassigned; or

(e) Is placed in one of the following segregated statuses:

Voluntary confinement under s. DOC 306.05, unless the inmate requested placement in this status upon the recommendation or approval of the security director for the purpose of ensuring the inmate’s personal safety and the inmate was receiving pay immediately prior to placement in voluntary confinement;
Administrative confinement under ch. DOC 308, if the inmate was not receiving pay immediately prior to that placement and is not participating in an approved work or program assignment while in administrative confinement;
Observation under ch. DOC 311, if the inmate was not receiving pay immediately prior to that placement and is not participating in an approved work or program assignment while in observation status;
Disciplinary separation under s. DOC 303.73.
Controlled separation under s. DOC 303.74.

(5) Work assignment pay plan.

(a) Each institution shall rank its work assignments on a scale of one to 5 based on the level of skill and responsibility required by each assignment. Range 5 shall include work assignments requiring the most skill and responsibility and range one shall include work assignments requiring the least. The department shall ensure that the ranking of comparable work assignments within an institution is consistent. The range of the work assignment shall determine the pay rate for the full performance level of the work assignment.

(b) The number of work assignments an institution may have in each range may vary to meet institutional needs, but an institution may not exceed the total allocation of work assignment funds made available to it on the basis of the percentages in Table 309.55.

(c) Compensation for inmates in work assignments shall be computed on an hourly basis. The department shall determine an hourly pay rate for the full performance level of each range. The hourly pay rate for work assignments requiring more skill and greater responsibility shall be higher than the hourly pay rate for work assignments requiring less skill and responsibility.

(d) The department shall set hourly pay rates for weekend and legal holiday work which are higher than the full performance level pay rates determined under par. (c).

(e) Institutions may vary compensation rates for inmates working in comparable work assignments at less than the full performance level based on individual work performance. If an inmate is compensated at less than the full performance level pay rate under this paragraph, the inmate’s supervisor shall evaluate the inmate’s performance in writing at least once a month until the inmate is paid at the full performance level pay rate. The criteria to be used in evaluating the inmate’s work performance include, but are not limited to, the following:

Attitude toward fellow employees and staff;
Initiative and ability to perform assignments with minimal supervision;
Punctuality and attendance;
Quality of performance of assigned duties;
Diligence in applying one’s self to an assignment and willingness to acquire and apply job skills;
Conduct as it relates to the job assignment; and
Improvement.

(f) Each institution may establish a probationary period, not to exceed 6 months, during which an inmate may be compensated at a lower rate of pay than the full performance rate for the work assignment. The pay rate may not be lower than the pay rate 2 ranges below the full performance level of the work assignment.

(g) In exceptional circumstances, such as an inmate demonstrating a substantial improvement in effort shown or output achieved, the superintendent, upon the recommendation of the inmate’s supervisor, may compensate an inmate working above the full performance level at a higher pay rate than the full performance rate for the work assignment.

(6) Program assignment pay plan.

(a) The department shall establish a single uniform pay rate higher than the pay rate for range one of work assignments for all inmates whose primary program assignment is to a school or vocational training program and who are adequately performing their school or vocational training assignments. An inmate’s supervisor shall periodically evaluate the performance of an inmate participating in a school or vocational training assignment. Criteria to be used in evaluating program performance include, but are not limited to, skills exhibited, output achieved, responsibility, diligence and effort shown, and level of supervision required. To the extent necessary because of the unique requirements of a school or vocational training assignment, the supervisor shall establish additional reasonable criteria consistent with the necessary skills and responsibilities of that assignment. An inmate who does not meet the established performance criteria for an adequate performance level shall be compensated using the pay rate for a range one work assignment.

(b) Each institution shall rank and establish pay rates for the full performance level of program assignments other than school or vocational training. The department shall ensure that the ranking within an institution of comparable program assignments other than school or vocational training is consistent. An inmate’s supervisor shall periodically evaluate the performance of an inmate participating in a program assignment. Institutions may vary compensation rates based on individual performance evaluations for inmates working at less than the full performance level in comparable program assignments other than school or vocational training.

(c) Each institution may establish a probationary period, not to exceed 6 months, during which an inmate may be compensated at a lower pay rate than the pay rate established for adequate performance of the school or vocational training assignment or full performance of the program assignment that is not school or vocational training. The probationary period pay rate may not be lower than 2 ranges below the adequate performance level of the school or vocational training assignment or the full performance level of the program assignment that is not school or vocational training.

(d) Compensation for inmates in program assignments shall be determined on a daily basis. For purposes of determining daily pay for inmates in program assignments:

Full-time vocational training and school programs are equivalent to 7 hours a day;
Full-time program assignments other than vocational training and school are equivalent to 8 hours a day;
Half-time programs are equivalent to 4 hours a day; and
Quarter-time programs and programs which are less than quarter time are equivalent to 2 hours a day.

(7) Special categories.

(a) Unless otherwise specified in this section, the department shall establish a uniform compensation rate less than that for range one work assignments for inmates who are:

Involuntarily unassigned;
In sick cell status;
In hospital placement, including inmates transferred to mental health or medical facilities;
Unable to perform work assignments, such as elderly or disabled inmates, and not otherwise assigned under this section; or
In voluntary confinement status if that status was requested by the inmate upon the recommendation or approval of the security director for the inmate’s personal safety and the inmate was receiving pay immediately prior to the placement in voluntary confinement.

(b) An inmate who is in sick cell status or hospital confinement as a result of injury sustained in a job-related accident shall be compensated at the rate he or she was earning in his or her previous status.

(8) Status changes. An inmate in temporary lockup shall be compensated at the rate earned in his or her previous status. An inmate in administrative confinement or observation status and eligible for compensation under this section shall receive the rate earned in his or her previous status.

(9) Lockdowns. An inmate who has a work or program assignment shall be compensated for the period of any lockdown required for search of an institution pursuant to ch. DOC 306, unless the lockdown is precipitated by the misconduct of any inmate, in which case, under s. DOC 306.14 (2), only those inmates allowed to work to perform necessary housekeeping chores shall be compensated.

Note: DOC 306.14 (2) was repealed eff. 8-1-01.

History

Cr. Register, October, 1981, No. 310, eff. 11-1-81; r. and recr. Register, June, 1989, No. 402, eff. 7-1-89; CR 11-022: r. (4) (e) 4. to 6., cr. (4) (e) 4., 5. Register September 2014 No. 705, eff. 1-1-15; correction in (4) (e) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 309.61 Religious beliefs and practice {#sec-doc-309.61 omnilex-key=us-wi-regs-official--agency-doc--DOC 309.61}

(1) General principles.

(a) The department may not discriminate against an inmate or an inmate group on the basis of the inmate’s or group’s religious beliefs. The department recognizes that religious beliefs can provide support to inmates which may aid in their adjustment to institutional life and can lead to development of community ties which may aid in the inmates’ successful reintegration into the community upon release.

(b) Inmates may pursue lawful religious practices required or encouraged by their respective religions which are consistent with their orderly confinement, the security of the institution and fiscal limitations.

(c) The department may not require inmates to participate in religious activities and may not maintain information concerning an inmate’s religious activities other than records required for administrative purposes.

(d) To the extent feasible, institutions shall make facilities and other resources available to inmates for religious practices permitted under sub. (2).

(2) Inmate participation in religious practices.

(a) An inmate who wants to participate in religious practices that involve others or that affect the inmate’s appearance or institution routines shall submit a written request to the superintendent for permission to participate in specific religious practices. The request shall include a statement that the inmate professes, or adheres to, a particular religion and shall specify the practices of the religion in which the inmate requests permission to participate.

(b) Upon receipt of the request, the superintendent, with the assistance of the chaplain or designated staff person with appropriate religious training, shall determine if the request is motivated by religious beliefs.

Whether there is literature stating religious principles that support the beliefs; and
Whether the beliefs are recognized by a group of persons who share common ethical, moral or intellectual views.

(d) In determining whether the request is motivated by religious beliefs, the superintendent may not consider:

The number of persons who participate in the practice;
The newness of the beliefs or practices;
The absence from the beliefs of a concept of a supreme being; or
The fact that the beliefs are unpopular.

(e) If the superintendent determines that the request is not motivated by religious beliefs, he or she shall deny the request.

(f) If the superintendent determines that the request is motivated by religious beliefs, he or she shall grant permission to participate in practices that are consistent with orderly confinement, the security of the institution and fiscal limitations.

(g) The superintendent shall establish guidelines consistent with this section to govern inmate participation in religious practices and the guidelines shall be posted in a conspicuous place or distributed to all inmates.

(3) Religious services and prayers. To the extent feasible, each superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, shall arrange the institution’s schedule so that inmates may attend religious services, pray or meditate at the times prescribed or encouraged by their religion.

(4) Chaplains.

(a) The superintendent may employ one or more chaplains to coordinate and supervise the institution’s religious programs.

(b) The chaplain shall hold services, provide counseling and provide other pastoral services or shall arrange for other qualified persons to provide these pastoral services.

(c) The chaplain or designated staff person with appropriate religious training shall develop and maintain close relationships with religious resources from outside the institution and shall encourage religious groups from outside the institution to take part in institution religious activities.

(d) The superintendent, upon the recommendation of the chaplain or designated staff person with appropriate religious training, may permit representatives of religious groups from outside the institution to visit inmates, hold services, provide counseling, perform marriages and provide other services commonly provided by chaplains. The superintendent may compensate these representatives.

(5) Religious literature. Religious literature transmitted through the U.S. mail or otherwise distributed shall be delivered to inmates unless the security director has reasonable grounds to believe that the literature will jeopardize the safety of the institution or that the literature promotes illegal activity.

(6) Symbols. Inmates may wear garments, religious medals and other symbols required by their religion, unless this interferes with the identification of inmates or the security of the institution.

(7) Dietary laws.

(a) Upon request of an inmate, the superintendent shall provide the inmate with a list of the contents of each meal in advance of the meal.

(b) To the extent feasible, institutions shall plan meals so that an inmate may maintain a nutritious diet while complying with dietary restrictions prescribed by the inmate’s religion.

History

Emerg. cr. eff. 6-16-86; cr. Register, January, 1987, No. 373, eff. 2-1-87.

Chapter DOC 309 Appendix APPENDIX

Wis. Admin. Code § Chapter DOC 309 APPENDIX {#sec-chapter-doc-309 omnilex-key=us-wi-regs-official--agency-doc--Chapter DOC 309}

Note: DOC 309.06. Although visitation serves several important corrections objectives: maintenance of family and community ties, maintenance of morale and motivation of inmates, opportunity for the exchange of ideas and information, the department must regulate visitation of inmates consistent with resources, security and orderly operation of institutions.

Note: DOC 309.07. DOC 309.07 requires visitors as well as inmates to obey visiting rules.

Note: DOC 309.08. DOC 309.08 regulates visitation and the criteria for approval to visit. Each inmate is to have an approved visiting list. It may have only 12 people on it because institutions cannot accommodate unlimited numbers of visitors. Setting a limit by number has the virtue of permitting a substantial number of family visitors for those who desire them and of permitting people without family to include a substantial number of friends. It is an easier system to administer and, on the whole, seems fairer. It leaves to the inmate the choice of who may visit.

People who have not attained their 18th birthday who are the children of visitors or the inmate do not count against the 12. This is to enlarge the number of visitors and for the convenience of visitors. Children who have not attained the age of 18 are required to have written approval of a non-incarcerated custodial parent or legal guardian or there is a court order directing the visit.

Subsection (1) (d) is to prevent hardship to inmates with large families. This exception to the limit of 12 requires that only close family members be on the visiting list.

Subsection (1) (d) requires inmates to provide accurate and complete information. Under sub. (4), the warden, in determining whether to approve visitation, is required to consider whether the inmate has provided falsified, incorrect, or incomplete information.

In determining whether to approve visitation, sub. (1) (d) permits staff to acquire and utilize information from other sources other than that provided by the inmate.

Subsection (1) (f) is to limit the administrative burden that results from frequent changes of visitors on the list.

Subsection (3) permits the warden to place other limits on visitations, including, the number of visits, visitors, or the time or duration of visits.

Subsection (4) states the criteria for a warden approving or removing a person from a visiting list.

The purpose of sub. (6) is to make known to non-approved or no-contact visitors and inmates the reasons for non-approval or no-contact visiting and to permit review of the decision.

An example is the best way to illustrate what is contemplated under sub. (8). An inmate may have a relative in California who visits Wisconsin once a year. Such a person may be allowed to visit the inmate without being added to the inmate’s visiting list.

Note: DOC 309.09. DOC 309.09 regulates some aspects of visiting by requiring institutions to make policies and procedures. Flexibility is needed in the rules relating to visitation because of the great differences among institutions. For example, at maximum security institutions with large populations, visitation can be during daytime, nighttime, and weekends, to accommodate the large numbers of visitors, the difficulty some visitors have getting to institutions except at night and on weekends, and the need to avoid unnecessary disruption of correctional programs.

On the other hand, some correctional centers are in remote areas of the state. The majority of inmates are working in the community during the day, and the camps are not heavily staffed. Therefore, visitation is feasible only on weekends and by special arrangement.

For the above reasons, the rules simply direct each institution to make policies and procedures and set some minimal requirements. In some cases, no change in present policy is necessary.

Subsection (3) requires the opportunity for a minimum of 9 hours of visitation per week per inmate in general population. Subsection (4) requires the opportunity for a minimum of one hour of visitation per week for inmate in segregation, except for the inmate in controlled segregation or observation. Visitation for inmates in controlled segregation and observation requires the approval of the warden.

Note: DOC 309.10. DOC 309.10 regulates visits by state officials, groups, attorneys, and clergy.

It is important that state officials and the public have access to correctional institutions. Such access develops an understanding of the correctional process, dispels misconceptions, and encourages the exchange of ideas and information among leaders and members of the public, inmates, and correctional staff. Such visits are not subject to the restrictions under DOC 309.09, but advance notice is necessary to accommodate groups. Such visitors should have virtually unlimited access to institutions, unless a security problem dictates that the visit be limited. Staff and visitors should also be sensitive to the inmates’ desire for privacy and try to be as unobtrusive as possible.

Attorneys and clergy are permitted access to their clients any time during business hours. No attempt is made to define “clergy.” Superintendents are now making the decision as to who should be admitted based on the activity that ensues, not on the credentials of the leader of the activity. This same access is accorded law students and aides who have written authorization from their referring attorney. Pell v. Procunier, 417 U.S. 817 (1974). In emergencies, efforts should be made to allow lawyers and clergy to visit outside of business hours. Advance notice is desirable though not always possible. Of course, visits by attorneys, clergy, law students, and attorneys’ aides do not count against allowable visitation hours.

This section is consistent with present policy and in substantial agreement with the ABA, standards 6.2 (d) and (f), and substantially satisfies ACA, standard 4306.

Note: DOC 309.11. No-contact visiting refers to the inability of the inmate and visitor to physically touch during a visit. DOC 309.11 (1) states the policy for no-contact visits. The need to decrease the risk to the security of the institution may require such action.

Subsection (2) permits the warden to impose no-contact visiting based on criteria in s. DOC 309.08 (4). No-contact visiting may be imposed up to a year. After the year, the inmate or visitor may request a review of the no-contact visiting.

Subsection (3) permits the security director or adjustment committee to impose no-contact visiting if the inmate is found guilty of violation of administrative rules, institution policies or procedures, or a violation of the listed rules. Sub. (6) permits no-contact visiting for up to a year if imposed by the adjustment committee and appealed to the warden.

Under sub. (4), if no-contact visiting is imposed on an inmate or a visitor, no-contact visits may apply to all visitors of the inmate and to all visits. Under sub. (5), if no-contact visiting is imposed on a visitor, it applies to all visits.

Subsection (8) permits no-contact visiting to be imposed for the period of time an inmate is in segregation.

Note: DOC 309.12. DOC 309.12 (2) provides for the termination, suspension, or rescission of visiting privileges for violations of administrative rules or institution policies or procedures relating to visiting.

Chapter DOC 310 COMPLAINT PROCEDURES

Wis. Admin. Code § DOC 310.01 Purpose and authority {#sec-doc-310.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.01}

(1) The purpose of this chapter is to afford inmates in institutions a process by which grievances may be expeditiously raised, investigated, and decided.

(2) The inmate complaint review system serves the following objectives:

(a) To allow inmates to raise in an orderly fashion issues regarding department policies, rules, living conditions, and employee actions that personally affect the inmate or institution environment, including civil rights claims.

(b) To provide the department an opportunity to resolve the issue before an inmate commences a civil action or special proceeding.

(d) To review and explain correctional policy or practice to inmates and employees.

(e) To identify errors and deficiencies in correctional policy or practice.

(3) This chapter interprets ss. 301.02 and 301.03 (2), Stats.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.02 Applicability {#sec-doc-310.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.02}

(1) This chapter applies to all inmates in the department’s legal custody.

(2) Inmates may file complaints with the department for matters under the department’s authority.

(3) Inmates housed in other jurisdictions are required to file complaints with that jurisdiction for all matters under that jurisdiction’s control.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.03 Definitions {#sec-doc-310.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.03}

In this chapter:

(1) “Calendar week” means Sunday through Saturday.

(2) “Calendar year” means 12 calendar months beginning January 1 and ending December 31.

(3) “Complaint record” means ICRS forms and evidence compiled in connection with an ICRS complaint by the ICE or CCE.

(4) “Corrections complaint examiner” or “CCE” means the employee of the department who is designated by the secretary to process and review complaints appealed to the secretary.

(5) “Days” means all calendar days including Saturdays, Sundays, and state legal holidays.

(6) “Department” means the department of corrections.

(7) “Division” means the division of adult institutions.

(8) “Employee” means any staff member, an employee of a contract agency, an independent contractor, or a volunteer of the department or an institution.

(9) “Good cause” means substantial grounds, justification, or reason to take a certain action as determined by the examiner.

(10) “Inmate complaint review system” or “ICRS” means the process by which complaints filed by inmates of adult correctional institutions are investigated and resolved.

(11) “Institution” means a correctional institution or correctional facility defined under s. 302.01, Stats.

(12) “Institution complaint examiner” or “ICE” means the person or persons at each institution designated by the warden to process, investigate, and make recommendations on complaints filed under this chapter.

(13) “Moot” means any of the following:

(a) Abstract and not arising from existing facts or rights.

(b) Already resolved.

(14) “PREA” means the prison rape elimination act, 42 U.S.C. 15601, et seq. and the standards issued thereunder, 28 C.F.R. Part 115.

(15) “Reviewing authority” means a person who is authorized to review and decide an inmate complaint.

(16) “Secretary” means the secretary of the department or designee.

(17) “Sexual abuse” means the definition given under 28 C.F.R. s. 115.6.

(18) “Sexual harassment” means the definition given under 28 C.F.R. s. 115.6

(19) “Staff member” or “staff” means a person employed by the department as a permanent, project, or limited term employee.

(20) “Warden” means the warden, superintendent, or designee.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (20) made under s. 35.17, Stats, Register March 2018, No. 747.

Wis. Admin. Code § DOC 310.04 Inmate complaint review system {#sec-doc-310.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.04}

(1) The department shall maintain an inmate complaint review system that shall be accessible to all inmates in institutions. The department shall do all of the following:

(a) Provide access to written notification of the complaint procedures to inmates.

(b) Provide each inmate written or oral explanation of the complaint procedures.

(d) Provide complaint and appeal forms.

(e) Permit an inmate to seek assistance to file a complaint.

(f) Not subject an inmate to retaliation for participation in the ICRS.

(g) Allow an inmate to pursue a complaint of retaliation through the ICRS.

(h) Review and investigate inmate complaints.

(2) Inappropriate use of the ICRS per s. DOC 310.07 (4) may be subject to discipline under ch. DOC 303.

(3) The warden shall designate an employee to function as an institution complaint examiner or to assist in the process.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (2) made under s. 35.17, Stats., Register March 2018.

Wis. Admin. Code § DOC 310.05 Exhaustion of administrative remedies {#sec-doc-310.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.05}

Before an inmate may commence a civil action or special proceedings, the inmate shall exhaust all administrative remedies the department has promulgated by rule.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.06 Scope of complaint review system {#sec-doc-310.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.06}

(1) An inmate may use the ICRS to raise issues regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.

(2) An inmate may raise issues, including civil rights claims, through the ICRS regarding classification, disciplinary actions, administrative confinement, or request for qualified leave, and decisions regarding requests to authorize new religious practice or religious property only after exhausting any of the following, as appropriate:

(a) The classification administrative review process under ch. DOC 302.

(b) The disciplinary appeal process under ch. DOC 303.

(d) A request for qualified leave process under ch. DOC 326.

(e) A review process designated by the department for the request of new religious practice or property.

(3) An inmate may not use the ICRS to challenge any of the following:

(a) A complaint or submission returned under the provisions of s. DOC 310.09 (3) or 310.12 (4) (a) to (e).

(b) A parole commission decision.

(d) Records or actions not originated by the division.

(e) The declination or denial of a public record request.

(f) The content of health care records.

(g) Actions of the legislature.

(h) Court decisions or orders.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18; correction in (3) (a) made under s. 35.17, Stats., Register March 2018 No. 747.

Wis. Admin. Code § DOC 310.07 Filing of complaints {#sec-doc-310.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.07}

(1) Prior to filing a formal complaint, an inmate shall attempt to resolve the issue by following the designated process specific to the subject of the complaint. The ICE may request inmates to provide evidence of having followed the specified process.

(2) An inmate shall file a complaint within 14 days after the occurrence giving rise to the complaint. At the discretion of the ICE, a late complaint may be accepted for good cause. An inmate shall request to file a late complaint in the written complaint and explicitly provide the reason for the late filing.

(3) Each complaint shall meet all of the following requirements:

(a) Be submitted on a complaint form provided by the department.

(b) Be legibly handwritten or typed.

(c) Be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.

(d) Include the inmate’s original signature.

(e) Not exceed 500 words total and not exceed two pages.

(f) Provide relevant supporting documentation, which may be accepted at the discretion of the ICE.

(4) A complaint will not be processed and a referral for disciplinary action may occur in accordance with ch. DOC 303 if the complaint contains any of the following:

(a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.

(b) A foreign substance.

(5) Each complaint may contain only one clearly identified issue.

(6) A complaint must contain sufficient information for the department to investigate and decide the complaint.

(7) An inmate may not file more than one complaint per calendar week except that any of the following are not subject to the filing restrictions contained in this paragraph:

(a) Complaints regarding the inmate’s health and personal safety.

(b) Complaints made under PREA.

(8) An inmate shall submit a signed complaint by placing it in a receptacle designated for complaints or by submitting it to the ICE office through institution or USPS mail.

(9) If an inmate is transferred after an incident but before filing a complaint, the inmate shall file a complaint related to the incident at the currently assigned institution. The ICE shall refer the complaint to the ICE at the appropriate institution for investigation and reviewing authority decision. If the transfer is to a contracted facility, the inmate shall file the complaint with the institution where the issue arose.

(10) Inmates shall file complaints with the institution where the incident occurred.

(11) The ICE may waive any requirements under this section for good cause.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.08 PREA complaint procedure {#sec-doc-310.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.08}

An inmate may file a complaint alleging sexual abuse using the procedures under this chapter. The following provisions apply to complaints alleging sexual abuse or sexual harassment:

(1) Notwithstanding s. DOC 310.07 (2), an inmate may file a complaint regarding sexual abuse or sexual harassment at any time. If a portion of the complaint alleges an issue that does not relate to sexual abuse or sexual harassment, the time limits under s. DOC 310.07 apply.

(2) Notwithstanding s. DOC 310.07 (1) or (8), an inmate is not required to attempt to resolve the issue with the staff member who is the subject of the complaint or to file a complaint regarding sexual abuse or sexual harassment with the staff member who is the subject of the complaint. The inmate may use an alternative method of filing, including submission of the complaint directly to the warden.

(3) Complaints filed under this section will be referred for a PREA investigation. Department policy shall address the requirements that investigations regarding allegations of sexual abuse or sexual harassment be completed within established time frames.

(4) Third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, shall be permitted to assist an inmate in filing a request for administrative remedies relating to allegations of sexual abuse or sexual harassment and shall also be permitted to file such requests on behalf of inmates. Requests for administrative remedies filed under this section will be referred for a PREA investigation.

(5) Emergency grievance procedures for complaints alleging a substantial risk of imminent sexual abuse or sexual harassment will be handled in the following manner:

(a) The inmate may contact any staff member who is not the subject of the allegation for immediate corrective action.

(b) The inmate may file a complaint. Complaints collected under s. DOC 310.08 shall be immediately forwarded to the warden to determine if immediate action is warranted.

(c) Reports of substantial risk of imminent sexual abuse or sexual harassment outside of the complaint process under this chapter shall be immediately forwarded to the warden to determine if immediate action is warranted.

(d) Further response will be in accordance with department policy.

(6) The warden may discipline an inmate for filing a complaint related to alleged sexual abuse or sexual harassment only if the warden demonstrates that the inmate filed the complaint in bad faith.

(7) Time frames are waived for PREA related complaints, this does not apply to PREA related complaint appeals.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.09 Filing of complaint appeal {#sec-doc-310.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.09}

(1) An inmate may appeal the reviewing authority decision to the CCE within 14 days after the date of the decision or if the inmate does not receive a decision 45 days after the date the ICE enters the complaint.

(2) Appeals shall meet all of the following requirements:

(a) Be submitted on a form provided by the department.

(b) Be legibly handwritten or typed.

(c) Be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.

(d) Include the inmate’s original signature.

(e) Not exceed 500 words total and not exceed two pages.

(f) Provide relevant supporting documentation, which may be accepted at the discretion of the CCE.

(g) Be limited to the issue raised in the original complaint.

(3) An appeal will not be processed and a referral for disciplinary action may occur in accordance with ch. DOC 303 if the complaint contains any of the following:

(a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.

(b) A foreign substance.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.10 Processing complaints {#sec-doc-310.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.10}

(1) The ICE shall collect and date stamp all complaints with the date collected.

(2) The ICE shall accept the complaint, return the complaint in accordance with sub. (5), or reject the complaint in accordance with sub. (6).

(3) The ICE shall assign a file number and classification code to an accepted or rejected complaint.

(4) The ICE shall give written notice to the inmate within 10 days of collection that the complaint has been received.

(5) The ICE may return a complaint within 10 days if it does not meet the criteria under s. DOC 310.07 (1), (3), (4), and (5) to permit the inmate to resubmit the complaint after correcting issues noted by the ICE. Inmates shall be given one opportunity to correct and resubmit a returned complaint. The ICE shall grant 10 days for receipt of the corrected complaint.

(6) The ICE may reject a complaint for the following reasons:

(a) The inmate submitted the complaint solely for the purpose of harassing or causing a person to suffer emotional distress or to fear bodily injury.

(b) The inmate does not raise an issue regarding policies, rules, living conditions, or employee actions that personally affect the inmate or institution environment.

(d) The inmate does not provide sufficient information to support a complaint.

(e) The inmate submitted the complaint beyond 14 days after the date of the occurrence giving rise to the complaint and provides no good cause for the ICE to extend the time limits.

(f) The issue is moot.

(g) The issue has already been addressed through the inmate’s prior use of the ICRS.

(h) The complaint contains obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the substance of the complaint.

(i) The complaint contains a foreign substance, in which case all of the following apply:

Complaints that contain a foreign substance will not be included in the complaint record and will be disposed of in accordance with institution procedure.
Inmates who submit a complaint containing a foreign substance may be subject to disciplinary action in accordance with ch. DOC 303.

(7) The ICE shall have full access to the institution, inmates, employees, and department records to investigate the complaint.

(8) The ICE shall give priority to complaints dealing with health or personal safety.

(9) The ICE shall either reject the complaint or send a recommendation to the appropriate reviewing authority within 30 days from the date of receipt.

(10) An inmate may appeal a rejected complaint within 10 days to the appropriate reviewing authority who shall only review the basis for the rejection of the complaint. The reviewing authority’s decision is final.

(11) The complaint record shall include the names of persons interviewed and evidence that is relevant, material, and not repetitious.

(12) The ICE may recommend to the reviewing authority that the complaint be affirmed or dismissed in whole or in part.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.11 Reviewing authority decision {#sec-doc-310.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.11}

(1) The reviewing authority shall make a decision within 15 days following receipt of the recommendation under s. DOC 310.10 (12) or appeal of a rejected complaint.

(2) The reviewing authority shall affirm or dismiss the complaint in whole or in part or return the complaint to the ICE for further investigation.

(3) If the inmate does not receive a decision within 45 days after the date of acknowledgement under s. DOC 310.10 (4), the inmate may appeal to the CCE.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.12 Review by corrections complaint examiner {#sec-doc-310.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.12}

(1) An inmate may appeal the reviewing authority decision within 14 days after the date of the decision by filing a typed or legibly printed request for review with the CCE on forms supplied for that purpose. The institution shall make these forms accessible to inmates.

(2) The CCE may accept, return, or recommend rejection of an appeal or complaint.

(3) The CCE will only address issues raised in the original complaint.

(4) The CCE shall return an appeal if any of the following apply:

(a) An original complaint has not been filed except as provided under s. DOC 310.08.

(b) The complaint has been rejected.

(d) The appeal does not list the complaint file number or contains more than one complaint file number.

(e) The appeal does not meet the criteria listed under s. DOC 310.10.

(5) The CCE may recommend rejection of an appeal not filed in accordance with s. DOC 310.09.

(6) Upon good cause as determined by the CCE, an appeal filed later than 14 days after the date of the reviewing authority decision may be accepted.

(7) The CCE shall have full access to the institution, inmates, employees, and department records to investigate the appeal.

(8) The CCE shall give priority to health or personal safety complaints.

(9) For all accepted appeals, the CCE shall recommend that the reviewing authority decision be affirmed or dismissed, in whole or in part, and send its recommendation to the secretary within 45 days of receipt of the appeal. The CCE may extend the time for submitting a recommendation with notice provided to the inmate.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.13 Secretary’s decision {#sec-doc-310.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.13}

(1) The secretary shall make a decision within 45 days following receipt of the CCE’s recommendation. The secretary may extend the time for making a decision for good cause with notice provided to the inmate.

(2) The secretary shall affirm or dismiss the CCE’s recommendation, in whole or in part, or return the appeal to the CCE for further investigation.

(3) The secretary’s decision is final.

(4) If the inmate does not receive the secretary’s written decision within 90 days of the date of receipt of the appeal in the CCE’s office, the inmate shall consider the administrative remedies to be exhausted, unless the time has been extended under sub. (1).

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.14 Complaint processing following release {#sec-doc-310.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.14}

If an inmate is released from an institution prior to a decision being made on a complaint or appeal, the complaint will be processed in accordance with this chapter.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.15 Resolution of affirmed complaint {#sec-doc-310.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.15}

(1) If the decision requires a change in administrative practice or policy, the department shall implement the change as soon as practicable.

(2) If the resolution of an affirmed complaint has not been implemented within 60 days, the inmate may inform the decision-maker in writing.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Wis. Admin. Code § DOC 310.16 Confidentiality {#sec-doc-310.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 310.16}

(1) Except as otherwise provided in this section, the department shall ensure that complaints filed under this chapter are confidential.

(2) ICRS staff may reveal the identity of inmates and the nature of the complaint to the extent reasonably necessary to investigate the complaint, implement the remedy, or to respond to litigation.

(3) The reviewing authority or secretary may waive confidentiality of a complaint if the security, safety, or health of the institution or any person is involved.

(4) The reviewing authority or secretary may waive confidentiality of a complaint to satisfy PREA standards and reporting requirements.

(5) A copy of or reference to a complaint or decision may not be placed in the inmate’s institution files except with authorization from the reviewing authority or as required under sub. (2) or (3).

(6) An inmate may file a complaint alleging a breach of confidentiality under this section.

(7) An inmate waives confidentiality by making known any aspect of a complaint to persons outside the ICRS.

(8) The confidentiality of the complaint process does not prohibit disciplinary action under ch. DOC 303 for misuse of the ICRS. Misuse of the ICRS includes complaints that are intended to do any of the following:

(a) Harass.

(b) Cause emotional distress.

(d) Erode the integrity or credibility of employees by knowingly providing false statements.

(e) Disrupt department or institution operations.

(9) ICRS staff may access an inmate’s protected health information to investigate, make recommendations, render decisions, and decide appeals when access is related to the complaint, subject to any of the following:

(a) Written authorization is not required from the inmate.

(b) Access may include verbal information from a health provider and written health records related to the inmate complaint.

(c) Protected health information entered into the record shall be limited to the minimum necessary to process the inmate complaint.

(10) For inmates in restrictive housing, staff may inspect correspondence in the presence of the inmate only to the extent necessary to determine if it contains contraband.

(11) Inmates will not have access to other inmate’s complaints through the ICRS.

History

CR 16-054: cr., Register March 2018, No. 747, eff. 4-1-18.

Chapter DOC 311 OBSERVATION STATUS

Wis. Admin. Code § DOC 311.01 Purpose {#sec-doc-311.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.01}

The purpose of this chapter is to provide for an involuntary or voluntary nonpunitive status to be used for the temporary confinement of an inmate to ensure the inmate’s safety and the safety of others if the inmate is mentally ill and dangerous, is dangerous to himself or herself, has a medical problem that requires separation from the population for treatment, or refuses testing for a communicable illness. This is consistent with the department’s goal of ensuring personal safety and security within an institution.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.02 Applicability {#sec-doc-311.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.02}

Pursuant to authority vested in the department of corrections under s. 227.11 (2), Stats., the department adopts this chapter which applies to the department, the division and all inmates in its legal custody. It interprets ss. 302.07, 302.08 and 302.36, Stats.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.03 Definitions {#sec-doc-311.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.03}

In this chapter:

(1) “Administrator” means the administrator, division of adult institutions, department of corrections, or his or her designee.

(2) “Clinical services staff member” means a clinician, crisis intervention worker, or psychological services associate employed by the department.

(3) “Clinician” means an individual trained as a clinical psychologist or an individual employed as a staff psychologist by the department.

(4) “Communicable illness” means an illness caused by a disease that the department of health services determines, under ch. DHS 145, to be communicable.

(5) “Crisis intervention worker” means a crisis intervention worker employed by the department or a psychologist designated by the warden to act as a crisis intervention worker.

(6) “Department” means the department of corrections.

(7) “Division” means the division of adult institutions, department of corrections.

(8) “Health services staff member” means a physician, registered nurse or physician’s assistant employed by the department.

(9) “Physician” means an individual licensed as a physician in the state of Wisconsin and employed by the department.

(10) “Secretary” means the secretary of the department of corrections, or his or her designee.

(11) “Security director” means the security director of an institution, or his or her designee.

(12) “Shift captain” means the shift captain of an institution, or his or her designee.

(13) “Warden” means the warden of an institution, or his or her designee.

(14) “Working days” means all days except Saturdays, Sundays, and legal holidays.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1998, No. 509; corrections in (4) made under s. 13.92 (4) (b) 6. and 7., Stats., Register June 2011 No. 666.

Wis. Admin. Code § DOC 311.04 Mental health placement {#sec-doc-311.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.04}

(1) Observation for mental health purposes is an involuntary or a voluntary nonpunitive status used for the temporary confinement of an inmate to ensure the safety of the inmate or the safety of others. An inmate may be placed in observation for mental health purposes for one of the following reasons:

(a) The inmate is mentally ill and dangerous to himself or herself or others.

(b) The inmate is dangerous to himself or herself.

(2) An inmate is mentally ill if there is substantial evidence that the inmate has a substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life in an institution, but does not include alcoholism.

(3) An inmate is dangerous if there is a substantial probability that the inmate will cause physical harm to himself or herself or others as manifested by any of the following:

(a) Recent homicidal or other violent behavior.

(b) The reasonable belief of others that violent behavior and serious physical harm is likely to occur because of a recent overt act, attempt or threat to do such physical harm.

(d) The inability to cope with life in the institution to the degree that himself or herself or others are thereby endangered.

(4) An inmate may be placed in observation by any of the following:

(a) A clinician, crisis intervention worker or physician.

(b) The warden.

(c) A registered nurse or physician’s assistant, if a person under par. (a) is not available for consultation either directly or by telephone.

(d) The security director or shift captain if a clinician, crisis intervention worker or physician is not available for consultation either directly or by telephone.

(5) Any staff member or inmate may recommend to any person authorized to place an inmate in observation that an inmate be placed in observation under sub. (4). The staff member or inmate shall state the reasons for the recommendation and describe the inmate’s conduct that underlies the recommendation.

(6) At the time of placement the inmate shall be informed orally of the reasons for placement.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.05 Examination of mental health placement {#sec-doc-311.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.05}

(1) An inmate placed in observation shall be examined by a clinician, crisis intervention worker or physician. The examination shall include a direct personal evaluation and a review of recent relevant information.

(2) If an inmate is placed in observation by the warden, registered nurse, physician’s assistant, security director or shift captain, a clinician, crisis intervention worker or physician shall be notified immediately of the placement and shall examine the inmate within 2 working days.

(3) Within 24 hours or as soon as possible after the examination, the clinician, crisis intervention worker or physician shall advise the inmate orally of the finding of the examination. Written results of the examination shall be provided to the inmate within 10 working days of the examination.

(4) An inmate in observation for a mental health placement will be examined by a clinician, crisis intervention worker or physician at least every 2 working days.

(5) Examination by a clinician, crisis intervention worker or physician may result in a recommendation for continued placement in observation or in a recommendation for the inmate’s immediate release from observation.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.06 Continued mental health placement {#sec-doc-311.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.06}

(1) No inmate in observation for a mental health placement may remain in observation for longer than 15 working days from the initial examination without a clinician, crisis intervention worker or physician making a decision for continued placement.

(2) An inmate placed in mental health observation due to mental illness and dangerousness may continue in the placement after 15 working days if both of the following situations exist:

(a) The proceedings for the inmate’s civil commitment under ch. 51, Stats., have been initiated or the commitment obtained.

(b) The inmate has been served notice of the review of continued mental health placement under s. DOC 311.06 (2).

(3) An inmate placed in mental health observation due to dangerousness to self may continue in the placement after 15 working days only if both of the following situations exist:

(a) The proceedings for a review of dangerousness to himself or herself have been initiated.

(b) The inmate has been served notice of the review of continued mental health placement under s. DOC 311.06 (3).

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.07 Review of continued mental health placement {#sec-doc-311.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.07}

(1) A clinician, crisis intervention worker or physician may continue a mental health placement in observation for longer than 15 working days if there is a review of continued mental health placement under this section.

(2) The inmate shall be given written notice of the review prior to the 15th working day of his or her placement and no less than 2 working days prior to the review. The notice shall include all of the following:

(a) The allegation of the inmate’s mental illness and dangerousness to himself or herself or dangerousness to others.

(b) The standards used to determine mental illness and dangerousness to himself or herself or dangerousness to others.

(d) The sources of information relied upon unless such disclosure would threaten the personal safety of the person providing the information or institution security.

(e) An explanation of the possible consequences of any decision regarding the inmate’s mental health placement.

(f) Notice of the inmate’s rights at the review. The notice shall include all of the following:

The right to be present at the review.
The right to deny any allegation which relates to the inmate’s observation status.
The right to a staff representative in accordance with s. DOC 303.83.
The right to present or have the advocate present information obtained from witnesses.
The right to present documentary evidence.
The right to question witnesses.
The right to receive a written decision, stating the reasons for the decision based upon the evidence.
The right to appeal the review of dangerousness to self decision.

(g) The date, time and place of the review and an order that the inmate appear at the review.

(3) The review shall take place not sooner than 2 working days and not later than 5 working days after service of notice to the inmate. The inmate may waive this review or the time limits under this subsection. The waiver shall be in writing.

(4) At the review, the clinician, physician or crisis intervention worker shall do all of the following:

(a) Read aloud the allegations of the inmate’s dangerousness and mental illness or dangerousness to himself or herself.

(b) Provide all witnesses present, including the inmate and the staff member who recommended the placement into observation, a chance to speak.

(d) Allow questioning of the witnesses. Questioning may be direct or the inmate may submit questions to be asked of the witnesses.

(e) Prohibit repetitive, disrespectful or irrelevant questions.

(f) Determine whether a witness shall be called.

(g) Determine whether the identities of sources of information relied upon or any statements or evidence should be included in the written record because personal safety or institution security is implicated.

(h) Record the fact of the omission of the identities of sources of information in the record.

(5) After the review, the clinician, crisis intervention worker or physician, shall deliberate in private on all of the following:

(a) The evidence presented and the inmate’s records.

(b) Whether the standard for dangerousness has been met.

(6) After deliberation, the clinician, crisis intervention worker, or physician shall decide all of the following:

(a) Whether the inmate is mentally ill and dangerous or whether the inmate is dangerous to himself or herself.

(b) Whether the inmate is to continue in observation.

(7) The clinician, crisis intervention worker or physician shall give reasons for the decision to the inmate in writing within 2 working days after the review.

(8) There shall be a clinical review of an inmate in observation at least once every 15 working days and the procedures for review shall be followed.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (f) 3. made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 11-022: am. (7) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 311.08 Civil commitment {#sec-doc-311.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.08}

If, in the opinion of the attending clinician, crisis intervention worker or physician, an inmate in observation is in need of additional treatment at a mental health or medical facility, such recommendation shall be made to the warden for approval of the transfer and the inmate may be transferred pursuant to s. 51.37 (5) or 51.20, Stats.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.09 Review of dangerousness to self {#sec-doc-311.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.09}

(1) If, in the opinion of the attending clinician, crisis intervention worker or physician, an inmate in observation is in need of placement in observation longer than 15 working days from the examination under s. DOC 311.05, the attending clinician, crisis intervention worker or physician shall refer the decision to the administrator for review.

(2) The administrator shall assign a psychologist from an institution other than the institution seeking the continued observation placement to conduct the review, to examine the inmate and to review the documentation of the case.

(3) The review shall include all of the following:

(a) Reasons for belief of dangerousness to himself or herself.

(b) Reasons for need for continued placement in observation.

(4) The assigned psychologist shall do all of the following:

(a) Submit a written report of the examination.

(b) Review the records and findings regarding dangerousness to himself or herself.

(d) Determine the availability of alternative interventions.

(5) The inmate and his or her advocate, if one is chosen, shall receive a copy of all of the following:

(a) The documentation of the review of continued commitment.

(b) The findings of the review of continued commitment.

(d) The report of the appointed evaluator.

(6) The inmate and the advocate may respond in writing within 5 working days to any or all of the following information:

(a) The allegations of dangerousness to himself or herself.

(b) The need for continued placement in observation.

(7) The assigned psychologist shall decide whether an inmate is dangerous to himself or herself and whether the inmate is in need of continued placement in observation. The reasons for the decision shall be given to the inmate in writing within 2 working days after the decision is made.

(8) An assigned psychologist shall conduct a review of dangerousness to self of an inmate in mental health observation at least once every 30 working days to determine whether the inmate is dangerous to himself or herself, and the procedures for review shall be followed.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.10 Medical placement {#sec-doc-311.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.10}

(1) Observation for medical purposes is an involuntary or voluntary, nonpunitive status used for the temporary confinement of an inmate to ensure the inmate’s safety and the safety of others if one or both of the following exists:

(a) The inmate has, or is suspected of having, a medical problem that requires separation from the population for treatment by a physician.

(b) An inmate is refusing testing for communicable illness.

(2) An inmate may be placed in observation by any of the following:

(a) A physician.

(b) The warden.

(c) A clinical or health services staff member, the security director or the shift captain, if a physician is not available for consultation either directly or by telephone.

(3) Any staff member or inmate may recommend to any person authorized to place an inmate in observation that an inmate be placed in observation. The staff member or inmate shall state the reasons for the recommendation and describe the inmate’s symptomatology that underlies the recommendation. The inmate shall be provided with a written copy of the reasons for the recommendation within 10 working days of the recommendation.

(4) At the time of placement the inmate shall be informed orally of the reasons for placement.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.11 Medical examination {#sec-doc-311.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.11}

(1) An inmate placed in observation shall be examined by a physician. The examination shall include a direct personal evaluation and a review of relevant information.

(2) If an inmate is placed in observation by a person under s. DOC 311.10 (2), a physician shall be notified immediately of the placement and shall examine the inmate within 2 working days.

(3) Within 24 hours or as soon as possible after the examination, the inmate shall be advised of the reasons for the placement and findings of the examination. The physician shall provide written notification of the findings of the examination within a reasonable period of time.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.12 Continued medical placement {#sec-doc-311.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.12}

(1) An inmate placed in medical observation may remain in medical observation for a reasonable period of time for diagnosis and treatment or as needed, as determined by a physician, until such time as a physician determines that the inmate no longer requires separation from the population.

(2) An inmate placed in observation shall receive periodic reviews of the medical placement status by a physician. The frequency of the periodic review shall be based on the inmate’s medical diagnosis and the physician’s professional judgment.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.13 Appeals {#sec-doc-311.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.13}

(1) An inmate placed in observation shall have the immediate right to appeal such placement decision to the administrator under any of the following circumstances:

(a) The inmate has not received a timely review under s. DOC 311.05 (2).

(b) The inmate in observation for mental health purposes due to dangerousness to himself or herself wishes to challenge the review of dangerousness to self decision.

(2) The administrator may request an additional clinical or medical assessment of the inmate’s condition prior to the administrator’s written decision which shall be issued to the inmate and clinical or medical staff within 5 working days of receipt of the appeal.

(3) An inmate may appeal the administrator’s written decision to the secretary who shall issue a written decision within 5 working days of the appeal.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.14 Conditions of confinement while in observation {#sec-doc-311.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.14}

(1) An inmate in observation shall be confined alone in a well-ventilated, sanitary, secure cell equipped with an observation port. Conditions, including privileges and properties, shall, insofar as possible, be the same as those in the status from which the inmate came prior to the observation placement. A staff member who is authorized in s. DOC 311.04 (4) to place an inmate in observation may change the inmate’s condition of confinement if the staff member reasonably believes any of the following:

(a) These privileges or properties may be used by the inmate, or another inmate also in the observation unit, for self-harm or to harm others.

(b) The properties cannot be moved conveniently to the observation cell.

(d) The properties or privileges are clinically or medically contraindicated.

(2) The appropriate privileges and properties to be allowed the inmate in observation shall be determined by the clinician, crisis intervention worker or physician at the time of the examination of the inmate, after a consultation with the supervisor of the unit.

(3) If any of the privileges or properties are used by the inmate or another inmate also in the observation unit for self-harm or harm to others, or otherwise seriously disrupts the safe, efficient operation of the observation unit, the privileges or properties shall be withdrawn immediately by the staff member noting the problem.

(4) The warden has final authority regarding privileges or property of an inmate in observation. The warden shall review and either approve or disapprove a decision regarding inmate privileges or properties. The warden shall take appropriate and prompt action.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.15 Monitoring and recording {#sec-doc-311.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.15}

(1) For an inmate placed in observation for mental health purposes, a staff member shall have immediate access to the inmate and shall accompany the inmate at all times while in unsecured areas.

(2) Staff shall observe and record the activities of the inmate at least once every 15 minutes with appropriate documentation made of significant incidents involving the inmate.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Wis. Admin. Code § DOC 311.16 Release from observation {#sec-doc-311.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 311.16}

Upon release from observation the inmate shall be returned to previous status and assignment if possible and advisable.

History

Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Chapter DOC 311 Appendix APPENDIX

Wis. Admin. Code § Chapter DOC 311 APPENDIX {#sec-chapter-doc-311 omnilex-key=us-wi-regs-official--agency-doc--Chapter DOC 311}

Observation is a nonpunitive measure taken to ensure the safety of the inmate or others during the crisis period. Hopefully, by confining the inmate under observation for a short time, the personal crisis will subside without any harm being done to the inmate or to others. Examples of personal crisis are situations in which an inmate receives discouraging or disheartening news from his or her family and evidences a mental health problem and dangerousness and temporarily needs emotional support and observation because of the possibility of attempted self harm or harm to others; or when an inmate is in an emotional depression and needs to be carefully watched because of the possibility of attempted self harm or harm to others; or when an inmate has attempted to commit suicide and shows signs of another attempt.

Alcoholic and drug dependent inmates shall be placed in observation only if treatment is necessary and cannot be provided while the inmate is in the general population.

Section DOC 311.04 sets forth the standards to be used in determining dangerousness and mental illness. They are similar to the standards used to determine dangerousness and mental illness for involuntary civil commitment under s. 51.20, Stats. The analogy between the standards is apt since both are vehicles for removing dangerous persons from the population in which they live.

Sections DOC 311.04 and 311.10 authorize certain people to place an inmate in observation. Ideally, placement should be made by highly trained personnel, and the clinician, crisis intervention worker, physician or warden should authorize all placements. However, experience teaches that this is not always possible. Thus, others are authorized to place inmates in observation, but in such cases the clinician, crisis intervention worker, or physician review that placement in no longer than 2 working days. The clinician, crisis intervention worker or physician decides on the necessity of continued placement with allowed privileges, and properties or the immediate release of the inmate from observation.

Subsection DOC 311.05 (4) provides for a review of the inmate’s status at least once every 2 working days for mental health placements in observation. An earlier review may occur. These time periods provide for regular and appropriate reviews of placements in observation.

The kinds of property and privileges allowed in observation may differ substantially, and great care should be exercised in determining which properties and privileges should be allowed an inmate.

If, in the opinion of the clinician, crisis intervention worker, or physician, observation is not sufficient to properly handle the mental health concerns, commitment procedures under s. 51.20, Stats., or transfer procedures under s. 51.37 (5), Stats., should be pursued. However, experience teaches that mental health institutions are reluctant to accept transfers of inmates for placement or transfer under ss. 51.20 and 51.37 (5), Stats., and hopefully the provisions under ss. DOC 311.04 to 311.07 will be adequate to handle an inmate’s crisis.

Sections DOC 311.07 and 311.12 provide that an inmate may be continued in observation after a special review. Review of continued mental health placement contains due process protections of the major disciplinary hearing. Due process protections are important and are afforded the few inmates affected by this provision because the seriousness of this confinement parallels civil commitment. At these special reviews, dangerousness and mental illness shall be the only criteria for placement in this status.

Section DOC 311.07 provides the inmate with adequate written notice of the review. Subsection (4) (g) notes that safety and security may be breached if certain testimony or evidence is allowed into the open record. In such cases, review shall deal with the omissions as noted under s. DOC 311.07 (4) (h). See the major disciplinary procedures.

Subsection DOC 311.07 (2) provides for the time of the review. The inmate may waive the review as well as the time limits. To ensure that any waiver is a knowing intelligent one, the inmate must be informed of his or her right to a review and what that entails; the inmate must be informed of what the review will be like if he or she waives the time limits; and the waiver must be in writing. The waiver is not an admission of dangerousness or mental illness.

Placement of an inmate in observation status is not thought to implicate the interests cited in Vitek v. Jones 100 S.Ct. 1254 (1980). In Vitek, the transfer was to a separate institution which was solely for mentally ill people. A person in observation status in Wisconsin frequently will remain in his or her own cell or room. Sometimes, the person is transferred to a different cell, for their own protection or so that they can be more carefully observed to prevent self-destructive conduct.

If in the opinion of the clinician, crisis intervention worker, or physician additional treatment is needed, commitment proceedings pursuant to ch. 51, Stats., are commenced. These proceedings do more than Vitek requires for the transfer of an inmate to a mental health institution.

A staff member must have direct access to an inmate in the event that a problem develops, and a staff member must observe the inmate often to ensure that the inmate is safe.

If observation is not continued under s. DOC 311.09 or the inmate is not transferred under s. 51.20 or 51.37 (5), Stats., the inmate is returned to his or her previous status. Since observation is a nonpunitive status, every attempt should be made to have inmates resume previous assignments.

Section DOC 311.10 provides for the placement of an inmate in medical observation if the inmate is suspected of having a medical problem which requires the inmate to be separated from the general population or if the inmate refuses testing for a communicable disease. Section DOC 311.12 provides that an inmate may be continued in observation for a reasonable period of time for diagnosis, treatment or as needed as determined by a physician. An inmate in medical observation is to receive periodic reviews of the medical placement as determined by the physician.

This chapter is in substantial accord with the provisions regarding the special management of inmates in the American Correctional Association’s Manual of Standards for Adult Correctional Institutions standards 3-4238, 3-4241, 3-4243-4246, 3-4249, and 3-4261.

Chapter DOC 313 PRISON INDUSTRIES

Wis. Admin. Code § DOC 313.01 Purpose {#sec-doc-313.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.01}

The purposes of prison industries are to provide meaningful employment opportunities, to assist inmates in reintegration into their communities, and to maintain self-supporting industries through the sale of products and services. The goals of prison industries include all of the following:

(1) Provide inmates with work skills, habits, and training necessary to compete in the job market, thereby increasing the potential for a successful return to society.

(2) Maintain self-sufficiency of the program to the degree possible while maintaining inmate wages based on productivity.

(3) Utilize production methods and business practices consistent with those used by private industry.

(4) Develop, produce, and market products and services of benefit to customers at a competitive price.

(5) Provide products and services that do not unfairly compete with Wisconsin-based manufacturers and service providers.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.02 Authority {#sec-doc-313.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.02}

This chapter is created under the authority of s. 227.11 (2) (a), Stats., and implements ss. 302.09, 303.01, 303.03, and 303.06, Stats.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.03 Definitions {#sec-doc-313.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.03}

The definitions in ss. DOC 303.02 and 310.03 apply to this chapter. In addition, in this chapter:

(1) “Base wage” means the official hourly rate for a position. The base wage does not include differential, holiday, incentive, or bonus pay.

(2) “Department” means the department of corrections.

(3) “Industries director” means the director appointed by the secretary under s. 303.01 (9), Stats., or the industries director designee.

(4) “Industries supervisor “ means the industries employee assigned to supervise inmate employees.

(5) “Inmate employee” means an inmate who works for and is compensated by the prison industries program. An inmate employee is not an employee of the state.

(6) “Involuntary unassigned” means inmates who are eligible, available, and waiting for placement in approved work or program assignments where such work or program assignments exist, but are not currently available.

(7) “Prison industry” or “industry” means an industry established under s. 303.01, Stats., for inmate employees to manufacture products or components or provide services.

(8) “Private sector prison industry enhancement certification programs or “PSPIEC” means prison industries programs certified by the federal private sector prison industry enhancement certification program.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; correction in (8) made under s. 35.17, Stats., Register February 2018 No. 746.

Wis. Admin. Code § DOC 313.04 Establishment of a prison industry {#sec-doc-313.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.04}

(1) The department may establish prison industries with the approval of the prison industries board and after a hearing before the joint committee on finance.

(2) The department may locate, move, or expand prison industries to one or more prisons or other locations owned by the department.

(3) Prison industries may acquire new or additional customers subject to s. 303.01 (1) (b) and (d), Stats.

(4) The department shall notify the joint committee on finance under s. 303.01 (1) (c), Stats., if there is an increase in the number of inmate employees in a prison industry by 200 or more full time equivalent positions in a biennium.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.05 Documentation {#sec-doc-313.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.05}

The industries director shall document prison industry operations, including job positions, titles and descriptions, qualifications, compensation, probationary term, work hours, work rules, and policies. Inmate access to these documents shall be established in industry policy.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.06 Application and approval {#sec-doc-313.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.06}

(1) An inmate may apply for a position in a prison industry that is available at the institution in which the inmate resides. The application may include an inmate’s preference for a position.

(2) The industries supervisor or designee shall do all of the following:

(a) Interview inmate applicants for specific positions under the industries supervisor’s supervision.

(b) Consider the following criteria in the selection of an inmate employee:

Education requirements.
Attitude and willingness to learn.
Experience and training.
Physical or mental ability to perform the essential functions of the position, with or without reasonable accommodations.
Past employment record with prison industries or other institution work experience.
Documented security concerns, including assaultive history
Sentence structure.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.07 Probationary period {#sec-doc-313.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.07}

(1) Inmates hired by prison industries shall serve a probationary period during which the inmate’s employment may be terminated under s. DOC 313.11 (1) (a) or (b).

(2) Inmate employees shall not receive incentive pay during their original probationary period.

(3) The duration of the probationary period for any position shall be established by prison industries management so as to provide adequate time for the average inmate employee to learn the duties of the position.

(4) The industries supervisor may extend the probationary period for an additional 30 days if the inmate employee has not demonstrated satisfactory performance but can reasonably be expected to attain satisfactory performance.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.08 Performance evaluation {#sec-doc-313.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.08}

(1) The industries supervisor shall evaluate each inmate employee’s performance as often as required to ensure the inmate employee is meeting performance and productivity expectations. The evaluation shall be written and include the specific skills and expectations of the position.

(2) An evaluation shall be completed upon completion of probation, at regular intervals, prior to any pay rate change and upon termination.

(3) The criteria to be used in evaluating inmate employees shall include all of the following:

(a) Quality of performance of assigned duties.

(b) Productivity level.

(d) Attitude.

(e) Contributions beyond usual job duties.

(f) Improvement in the criteria listed in this subsection.

(4) The industries supervisor or designee shall meet with the inmate employee as part of the evaluation process to discuss the inmate employee’s performance.

(5) If an inmate employee’s evaluation indicates performance below expectations, the industries supervisor shall meet with the inmate employee to address the performance problem.

(6) Copies of the inmate employee evaluation shall be distributed to the inmate employee, the industries supervisor, and the social services file.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.09 Work rules {#sec-doc-313.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.09}

The industries director has the authority to establish work rules applicable to inmate employees.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.10 Discipline {#sec-doc-313.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.10}

Chapter DOC 303 applies to all inmate employees. Prison industries staff shall report rule violations in accordance with ch. DOC 303.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.11 Termination and removal {#sec-doc-313.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.11}

(1) Inmate employees may be terminated or removed from prison industries work for any of the following reasons:

(a) Voluntary. An inmate employee may voluntarily remove himself or herself from employment with prison industries at any time, with approval of the industries supervisor.

(b) During the probationary period. An industries supervisor may terminate an inmate employee’s employment during probation because of performance, conduct, or for any other reason deemed appropriate by the industries supervisor.

(c) Discipline violation. An industries supervisor may terminate an inmate’s employment for violations under s. DOC 313.09 and ch. DOC 303.

(d) Inadequate performance. An inmate employee may be terminated for inadequate performance as determined by an evaluation made under s. DOC 313.08.

(e) Layoff. An inmate employee may be removed due to a reduction in work force in accordance with s. DOC 313.16.

(f) Unable to work. An inmate employee who is determined to be unable to work due to a health condition by a department health care professional may be removed from employment if the health condition exceeds 30 days.

(g) Transfer or release. An industries supervisor shall remove an inmate employee from employment upon transfer to another institution or release to the community.

(h) Security and safety. The industries director may terminate an inmate employee who is perceived to be a threat to security or safety.

(i) Exceeds period of work assignment. Industries supervisor may terminate an inmate employee after meeting work assignment time periods established by the industries director.

(2) An industries supervisor shall document all of the following information when an inmate employee is terminated or removed:

(a) Name of inmate employee.

(b) Date of termination or removal.

(d) Supervisor’s name.

(e) Reason for termination or removal.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.12 Compensation {#sec-doc-313.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.12}

(1) Except as provided in subs. (4) to (7), inmate employees shall be paid for actual hours worked.

(2) Each inmate employee shall be paid a base wage established by the industries director. Pay adjustments based on prison industries written policy may be added to the original base wage.

(3) Overtime pay at the rate of one and one-half times the base wage shall be given to inmate employees for hours worked in excess of 40 hours per week.

(4) Inmate employees shall be paid at the institution rate for involuntary unassigned for the regular scheduled hours if there is a temporary layoff under s. DOC 313.16.

(5) When an inmate employee is injured in the performance of job duties and is unable to work, the inmate shall continue to receive the same base wage until the inmate employee returns to work or is terminated or removed under s. DOC 313.11.

(6) An inmate employee shall be paid at the inmate employee’s current base wage for all hours absent from work when removed pending investigation or placement into TLU status unless terminated or removed under s. DOC 313.11.

(7) Inmate employees may be paid piece-rate wages.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; corrections in (5), (6) made under s. 13.92 (4) (b) 7., Stats., Register February 2018, No. 746.

Wis. Admin. Code § DOC 313.13 Work day {#sec-doc-313.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.13}

(1) The industries director shall establish the regular work day for full-time, part-time, and temporary positions.

(2) An inmate employee may not be absent from the worksite during work hours unless the industries supervisor approves the absence. The industries supervisor may approve absences for necessary programming that cannot be scheduled during non-work hours.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.14 Inmate employee labor unions {#sec-doc-313.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.14}

Inmate employee labor unions are prohibited.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.15 Equal opportunity {#sec-doc-313.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.15}

(1) Prison industries shall promote equal employment opportunity through programs and practices.

(2) Prison industries shall strive to achieve an inmate work force that reflects the racial composition of the population of the employing institution.

(3) Prison industries shall gather and monitor racial information from its employing units on a quarterly basis and direct action as necessary.

(4) Prison industries shall strive to provide parity in employment opportunities for male and female inmates.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.16 Shutdown and layoff {#sec-doc-313.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.16}

(1) The industries director has the authority to lay off inmate employees when necessary due to business conditions.

(2) If a layoff is for a period of ten consecutive working days or fewer, the affected inmate employee shall receive the institution involuntary unassigned pay for the regular scheduled hours during the layoff period.

(3) If an inmate employee on layoff has not been reemployed after ten consecutive working days, the inmate employee may be removed from employment.

(4) If the inmate employee is removed from employment under sub. (3) and called back to the same position within 60 calendar days following removal, the inmate employee shall return at the former base wage.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Wis. Admin. Code § DOC 313.17 Private sector prison industry enhancement certification programs {#sec-doc-313.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.17}

Prison industries programs certified by the federal private sector prison industry enhancement certification program (PSPIEC) under 18 USC 17.61 (c) and operating under the authority of s. 303.06 (2), Stats., are not subject to s. DOC 313.07 but are subject to all of the following:

(1) Each inmate employee working in a PSPIEC program shall be paid a wage comparable to that paid in the private sector for work of a similar nature in the locality in which the prison industry is located or, as a minimum, the federal minimum wage.

(2) Overtime hours shall be compensated for in accordance with the Fair Labor Standards Act, 29 USC 201.

(3) An inmate employee injured in the performance of job duties shall receive injury compensation pay in an amount equal to the amount the inmate employee would have received had the inmate employee worked during the inmate’s recuperation.

(4) The regular work schedule for PSPIEC programs shall be as close to 40 hours per week as possible based on institution schedules and prison industries workload.

(5) An inmate employee who has been laid off and is called back to the same position within 60 calendar days shall return at the inmate employee’s former wage rate. If the inmate employee is called back to a different position, the inmate employee shall receive an appropriate wage for the duties being performed.

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; correction in (intro.) made under s. 35.17, Stats., Register February 2018 No. 746.

Wis. Admin. Code § DOC 313.18 Correctional farms {#sec-doc-313.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 313.18}

Employment provisions of this chapter apply to inmate employees who work on correctional farms or at correctional farm dairy processing plants that are owned or operated by the department, except that inmate employees who work in agricultural positions on correctional farms are exempt from overtime provisions under s. DOC 313.12 (3) but are eligible to receive pay adjustments under s. DOC 313.12 (2).

History

CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

Chapter DOC 314 MENTAL HEALTH TREATMENT FOR INMATES

Wis. Admin. Code § DOC 314.01 Authority, applicability and purpose {#sec-doc-314.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 314.01}

(1) This chapter is promulgated pursuant to the authority vested in the department by ss. 301.02, 301.03 (2), 301.03 (6) and 227.11 (2), Stats., and applies to the department and to all adult inmates in its legal custody in correctional institutions. This chapter interprets s. 51.20, Stats.

(2) The department has authority to provide specialized treatment for inmates and shall assess and direct inmates into treatment programs.

(3) The department may consider involuntary mental health treatment when the inmate otherwise cannot be treated adequately and when ordered by a court. Whenever feasible and appropriate, the department intends to use other forms of treatment for mental illness, including voluntary treatment in the correctional institution or state treatment facility or transfer to another more appropriate correctional institution. This chapter provides guidance to correctional institution staff concerning the times when it will become necessary to provide an inmate involuntary treatment.

History

Cr. Register, November, 2000, No. 539, eff. 12-1-00.

Wis. Admin. Code § DOC 314.02 Definitions {#sec-doc-314.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 314.02}

In this chapter:

(1) “Correctional institution” means a facility named in s. 302.01, Stats.

(2) “Department” means the department of corrections.

(3) “Nurse practitioner” means a person who meets the qualifications under s. 441.16, Stats.

(4) “Outpatient” means an inmate receiving treatment for a mental disorder in a correctional institution.

(5) “Physician” means a person licensed to practice medicine in Wisconsin under ch. 448, Stats.

(6) “Physician assistant” means a person licensed to practice as a physician assistant in Wisconsin under ch. 448, Stats.

(7) “Psychiatrist” means a person licensed to practice medicine in Wisconsin under ch. 448, Stats. and who is board certified to practice as a psychiatrist.

(8) “Psychologist” means a person licensed to practice psychology in Wisconsin under ch. 455, Stats.

(9) “Psychotropic medication” means controlled medication that is used to influence psychological functioning, behavior or experience.

(10) “Registered nurse” means a person licensed to practice as a registered nurse in Wisconsin under ch. 441, Stats.

(11) “State treatment facility” has the meaning given in s. 51.01 (15), Stats.

History

Cr. Register, November, 2000, No. 539, eff. 12-1-00; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

Wis. Admin. Code § DOC 314.03 Involuntary commitment {#sec-doc-314.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 314.03}

The department may file a petition for an inmate’s involuntary commitment to a state treatment facility under s. 51.20, Stats., following consideration of voluntary treatment.

History

Cr. Register, November, 2000, No. 539, eff. 12-1-00.

Wis. Admin. Code § DOC 314.04 Informing the inmate {#sec-doc-314.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 314.04}

(1) Before filing a commitment petition under s. DOC 314.03 for an inmate’s involuntary commitment for mental health care, a physician or psychologist shall inform the inmate about all of the following:

(a) The inmate’s treatment needs.

(b) The mental health services that are appropriate and available to the inmate, including a description of the appropriate voluntary treatment available in either a correctional institution or state treatment facility.

(d) Outpatients have only the rights under s. 51.61, Stats., that are specified in s. 51.61 (1) (a), (d), (h), and (k), Stats.

(2) The correctional institution shall give the inmate an opportunity to consent to voluntary treatment, including voluntary placement in a state treatment facility or voluntary treatment with psychotropic medication.

(3) Correctional institution staff shall tell the inmate that the inmate retains the status as an inmate upon commitment under s. 51.20, Stats., and that the inmate is subject to the same rules as other inmates of the department, which include for outpatients the grievance procedure under ch. DOC 310 and for inpatients the grievance procedure required under s. 51.61 (5), Stats.

(4) Any information conveyed under subs. (1) to (3) shall be in a manner that is reasonably calculated to best enable the inmate to understand the information.

History

Cr. Register, November, 2000, No. 539, eff. 12-1-00.

Wis. Admin. Code § DOC 314.05 Involuntary treatment {#sec-doc-314.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 314.05}

An inmate may be treated involuntarily with psychotropic medications only under the following circumstances:

(1) While the inmate is in a state treatment facility under an involuntary commitment under ch. 51, Stats., for the treatment of mental illness and the court has found the inmate not competent to refuse psychotropic medication under s. 51.61, Stats.

(2) If the inmate is committed under s. 51.20, Stats., as an outpatient in a correctional institution, the court has found the inmate not competent to refuse psychotropic medication, and the inmate refuses to take the medication voluntarily. All of the following steps shall be followed:

(a) Psychotropic medication shall be administered by a registered nurse, nurse practitioner, physician assistant, physician, or a designee.

(b) The registered nurse, nurse practitioner, physician assistant or physician shall give the inmate an opportunity to take the medication voluntarily.

(c) When an inmate has been adjudicated under ch. 54, Stats., to be incompetent to consent to treatment, the department of corrections shall obtain consent to voluntary treatment from the inmate’s guardian.

(d) When the inmate refuses, the registered nurse, nurse practitioner, physician assistant or physician shall counsel the inmate and attempt to persuade the inmate to take the medication.

(e) If the inmate continues to refuse and there is a current physician order to involuntarily administer the psychotropic medication, the registered nurse, nurse practitioner, or physician assistant shall contact the physician who wrote the order to assess the situation. The physician shall decide the course of action to be taken. Possible actions may include all of the following:

Take no action for a period of time.
Transfer the inmate to a special unit within the correctional institution for treatment of mental illness.
Place the inmate in observation status pursuant to ch. DOC 311.
Recommend transfer of the inmate to an alternate correctional institution pursuant to ch. DOC 302.
Recommend transfer of the inmate to a state treatment facility, pursuant s. 51.20, Stats.
Direct that the medications be administered.

(f) If directed by the attending physician, the registered nurse, nurse practitioner, or physician assistant shall instruct the inmate to take the medication. If the inmate persists in refusing to take the medication, security staff will restrain the inmate while the registered nurse, nurse practitioner, physician assistant, or physician administers the psychotropic medication involuntarily.

History

Cr. Register, November, 2000, No. 539, eff. 12-1-00; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 314.06 Review of an inmate on psychotropic medication {#sec-doc-314.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 314.06}

The department of corrections staff psychiatrist or psychologist shall review the need to request an extension of the court order 60 days prior to the end of the court order.

History

Cr. Register, November, 2000, No. 539, eff. 12-1-00.

Chapter DOC 316 MEDICAL, DENTAL AND NURSING COPAYMENT CHARGE

Wis. Admin. Code § DOC 316.01 Applicability, purpose, authority {#sec-doc-316.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 316.01}

This chapter applies to the department of corrections and inmates who reside in a s. 302.01, Stats., prison or juveniles who reside in a s. 938.02 (15m), Stats., secured correctional facility and who receive medical, dental or nursing services from the department’s health services staff. This chapter does not apply to inmates in a s. 301.046 (1), Stats., institution or in a s. 301.048, Stats., institution unless the inmate is housed in a s. 302.01, Stats., prison. This chapter is promulgated pursuant to authority under ss. 227.11 (2) (a), 302.386 (3) and 302.386 (4), Stats., and interprets ss. 302.386 (3) and (4), Stats.

Note: Section 938.02 (15m), Stats., was renumbered to s. 938.02 (10p), Stats., by 2005 Wis. Act 344 and the term “secured correctional facility” was changed to “juvenile correctional facility”.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; CR 02-123: am. Register April 2003, No. 568, eff. 5-1-03.

Wis. Admin. Code § DOC 316.02 Definitions {#sec-doc-316.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 316.02}

In this chapter:

(1) “Copayment” means the amount charged an inmate or a juvenile for a face-to-face contact with a member of the health services staff who provides services within the health care provider’s area of practice as the result of the inmate’s request.

(2) “Dental services” includes any practice permitted under ch. 447, Stats.

(3) “Department” means the department of corrections.

(4) “General or trust account” means an account established by an institution to receive all funds for the benefit of an inmate or juvenile.

(5) “Health care provider” means a physician, physician assistant, nurse practitioner, registered nurse, licensed practical nurse, nursing assistant, dentist, dental assistant, dental hygienist, physical therapist, optometrist, phlebotomist, radiologist technician, program assistant who is employed by the department to provide health related services or other ancillary services, or any other health care provider.

(6) “Health services staff” includes health care providers employed by the department or independent contractors hired by the department to provide medical, dental or nursing services.

(7) “Medical services” includes any practice permitted under chs. 448 and 449, Stats.

(8) “Nursing services” includes any practice permitted under ch. 441, Stats.

(9) “Request” means an application by an inmate or a juvenile through a health services request or other means as determined by the department for a face-to-face contact with a health care provider.

(10) “Wages” includes wages under ss. 301.30, 301.31, 303.01 (4), and 303.065, Stats.

Note: DOC 316.02. In sub. (1), “copayment” is defined so as to cover situations when an inmate requests to a see one kind of health care provider but is seen by another kind of health care provider. For example, an inmate requests to see a physician but is seen by a nurse who evaluates the inmate’s need to see a physician. The inmate will be charged a copayment even though the inmate was evaluated by a nurse instead of a physician.

“Dental services” as defined in sub. (2) includes any practice permitted by a dentist and dental hygienist under ch. 447, Stats.

“Medical services” as defined in sub. (7) includes any practice permitted by a physician, physician assistant, and physical therapist under ch. 448, Stats., and any practice by an optometrist under ch. 449, Stats. “Medical services” include services provided by a psychiatrist.

“Nursing services” as defined in sub. (8) includes any practice permitted by a registered nurse, nurse practitioner, and licensed practical nurse under ch. 441, Stats.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 02-123: am. (1) Register April 2003, No. 568, eff. 5-1-03.

Wis. Admin. Code § DOC 316.03 Provision of medical, dental and nursing services {#sec-doc-316.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 316.03}

Health services staff shall provide necessary medical, dental or nursing services to an inmate or a juvenile. Health services staff shall determine the level of access to medical, dental or nursing services and the need to provide medical, dental or nursing services on-site or off-site. Health services staff may not deny an inmate or a juvenile medical, dental or nursing services based only on the inmate’s or the juvenile’s inability to pay a copayment. An inmate or a juvenile may be subject to a copayment under s. DOC 316.04.

Note: DOC 316.03 provides that health services staff shall determine the level of access to medical, dental or nursing services and the need to provide medical, dental or nursing services on-site or off-site. DOC 316.03 recognizes the responsibility of the health services staff to make the determination. Availability of resources may require some services to be provided off-site instead of on-site. Inmates have no right to see a health care provider of their choice.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 02-123: am. Register April 2003, No. 568, eff. 5-1-03.

Wis. Admin. Code § DOC 316.04 Copayment {#sec-doc-316.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 316.04}

(1) Except for the exclusions listed under s. DOC 316.05, an inmate or a juvenile shall be charged a copayment for medical, dental or nursing services received at the request of the inmate or juvenile, including any face-to-face contact wherein the inmate or juvenile refuses to consent to a service offered in response to the inmate’s or juvenile’s request.

(2)

(a) During the assessment and evaluation process, the inmate and juvenile shall sign a notice form acknowledging that the inmate and juvenile shall be charged a copayment for non-emergency medical, dental or nursing services received at the request of the inmate or juvenile.

(b) The notice form shall include a statement identifying the medical, dental or nursing services for which the inmate or juvenile will and will not be charged a copayment.

(c) If the inmate or juvenile refuses to sign the notice form, the health care provider shall make a notation that the inmate or juvenile refused to sign the notice form and the health care provider shall sign the notation.

(3) Staff shall charge a $7.50 copayment for each face-to-face contact for medical, dental or nursing services regardless of the number of services provided during the face-to-face contact. At the time of the face-to-face contact for medical, dental or nursing services, the inmate or juvenile shall sign a disbursement form acknowledging the receipt of health services. If the inmate or juvenile refuses to sign the disbursement form, the health care provider shall make a notation that the inmate or juvenile refused to sign the disbursement form and the health care provider shall sign the notation.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; emerg. am. (3), eff. 9-3-02; CR 02-123: am. Register April 2003, No. 568, eff. 5-1-03.

Wis. Admin. Code § DOC 316.05 Copayment exclusions {#sec-doc-316.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 316.05}

Health services staff shall not charge an inmate or a juvenile a copayment for any of the following:

(1) A medical, dental or nurse screening provided during the assessment and evaluation process.

(2) Treatment for an actual medical or dental emergency as determined by a physician, dentist or registered nurse.

(3) A follow-up medical, dental or nursing appointment determined and scheduled by a health care provider.

(4) Any other appointment determined and scheduled by a health care provider.

(5) A written referral from one health care provider to another health care provider.

(6) A review of medical records, except the inmate or juvenile may be charged for copies of medical records according to department policy and procedures.

(7) Medical, dental or nursing services provided to persons who reside in a s. 938.02 (15m), Stats., secured correctional facility and who do not have the opportunity to earn wages.

(8) Any medical, dental or nursing services provided as a result of an injury sustained through an institution work assignment.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 02-123: am. (intro.), cr. (7) and (8) Register April 2003, No. 568, eff. 5-1-03.

Wis. Admin. Code § DOC 316.06 Copayment deduction from the inmate’s or juvenile’s general or trust account {#sec-doc-316.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 316.06}

(1) Following the provision of medical, dental or nursing services, the business department staff shall deduct the $7.50 copayment from the general or trust account of the inmate or juvenile under procedures established by the department.

(2) If the inmate or juvenile has no funds in the inmate’s or juvenile’s general or trust account, the business department shall perform an accounting transaction that reflects that the inmate or juvenile owes the copayment.

(3) If an inmate or juvenile owes a copayment is released or discharged from a prison or a secured correctional facility, business department staff shall perform an accounting transaction that reflects that the inmate or juvenile owes the copayment. If the inmate or juvenile is recommited to prison or to a secured correctional facility, the copayment will be deducted from the inmate’s or juvenile’s general or trust account.

(4) The inmate or a juvenile may ask business department staff to correct a copayment deduction which the inmate believes has been improperly deducted. An inmate may file an inmate complaint concerning an improper copayment deduction.

History

Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 02-123: am. (1) to (3) Register April 2003, No. 568, eff. 5-1-03.

Chapter DOC 324 WORK AND STUDY RELEASE

Wis. Admin. Code § DOC 324.01 Purpose {#sec-doc-324.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.01}

The purposes of work and study release privileges are the following:

(1) To provide an opportunity for inmates to assume responsibility in employment or educational settings to prepare them for a productive life in free society after release.

(2) To complement institution education, training, and work programs with community resources not available in an institution.

(3) To provide inmates with a program activity in which they may demonstrate, through responsible behavior, their readiness for parole.

(4) To provide an opportunity for inmates to accumulate funds to meet financial obligations that might otherwise inhibit adjustment following release or parole.

(5) To fulfill the correctional goals of public protection and reintegration of the inmate into society.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (intro.), Register, February, 1987, No. 374, eff. 3-1-81; am. (intro.) and (1) to (4), Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 324.02 Applicability {#sec-doc-324.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.02}

This chapter applies to the department of corrections and inmates in its custody, whether housed in a department facility or housed in a contract facility. It interprets s. 303.065, Stats. This chapter is adopted pursuant to the authority of s. 303.065 (2), Stats.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 324.03 Definitions {#sec-doc-324.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.03}

In this chapter:

(1) “Community custody” means the custody classification which permits inmates to participate in off-grounds activities.

(2) “Contract facility” includes a county jail, halfway house, or any other facility or agency that has an agreement with the department to provide housing for inmates in the custody of the department.

(3) “Department” means the department of corrections.

(4) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification

(5) “Study release” means a work release program authorized under s. 303.065 (2), Stats., for educational purposes in a technical, vocational, or trade school, university, a college, a sheltered workshop or a training program designed to improve an inmate’s skills and ability.

(6) “Superintendent” means the superintendent at a correctional center or designee.

(7) “Warden” means the warden at a correctional institution, or designee.

(8) “Work release” means a program authorized under s. 303.065, Stats., that grants to selected inmates the privilege of leaving the confines of state correctional facilities to participate in employment programs. The term “work release” applies only to placements for employment.

(9) “Work release coordinator” means the person designated to perform the duties enumerated in this chapter for work release or study release, or designee.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, February, 1987, No. 374, eff. 3-1-87; am. (intro.), r. and recr. (1) and (2), r. (4) and (10), renum. (5) to (9) and (11) to be (4) to (9) and am. (4), (6) and (11) and r. and recr. (7), Register, September, 1997, No. 501, eff. 10-1-97; CR 17-026: r. and recr. (4), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 324.04 Eligibility to apply for work or study release status {#sec-doc-324.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.04}

To be eligible to apply for work or study release status an inmate shall meet the following criteria:

(1) Reside in a minimum security facility and have a community custody classification as described in s. DOC 302.09 (4).

(2) Have reached parole eligibility as defined in s. 304.06 (1), Stats., if serving a life sentence.

(3) Wait, if required, before regaining eligibility, if prior work or study release has been terminated under s. DOC 324.13 for misconduct.

(4) Not have a record of escape or attempted escape for one year from the date the judgment is entered or a finding of guilt under ch. DOC 303 is entered.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, February, 1987, No. 374, eff. 3-1-87; am. (1), Register, September, 1990, No. 417, eff. 10-1-90; r. and recr., Register, September, 1997, No. 501, eff. 10-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 17-026: am. (1), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 324.05 Procedure for application and approval {#sec-doc-324.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.05}

(1) An inmate meeting eligibility criteria under s. DOC 324.04 may apply for work or study release status to the institution social worker or any designated staff member.

(2) The social worker or designated staff member shall review the inmate’s application and shall report on the inmate’s eligibility to the warden or superintendent where the inmate is assigned.

(3) The inmate shall be approved for work or study release status by the warden or superintendent before any further placement efforts can be undertaken.

(4) The criteria set forth under ss. DOC 302.11 and 302.14 shall be considered in making the decision to approve or deny the inmate’s application for work or study release.

(5) The warden or superintendent shall notify the work release coordinator of the approval of the application for work or study release.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, February, 1987, No. 374, eff. 3-1-87; am. (1) to (3), r. and recr. (4) and (5), r. (6), (7) and (8), Register, September, 1997, No. 501, eff. 10-1-97; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 324.06 Placement procedure {#sec-doc-324.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.06}

(1) Upon approval for the program, the inmate shall meet with the work release coordinator to complete the application process. The application process shall include, in accordance with s. DOC 324.09, information about the inmate’s financial obligations. If the application is for study release, the inmate shall apply for benefits as required under s. DOC 324.09 (1).

(2) Upon receiving notification, the work release coordinator and appropriate staff shall, under s. DOC 324.09 (2), investigate the inmate’s financial obligations and attempt to place the inmate in accordance with the requirements of s. DOC 324.07 or 324.08.

(3) Before placement, the work release coordinator shall advise the employers or appropriate school administrators of their responsibilities to the inmates and the program. For placement in a contract facility, the director of the contract facility must consent in advance to accept the inmate. Withdrawal of the consent terminates the placement. Determination of the costs and method of payment for room and board must be arranged prior to placement at the location.

(4) When a suitable placement is available for an inmate, the work release coordinator shall explain to the inmate the rules of work or study release and complete the forms necessary to implement the placement.

(5) Before an inmate begins a work or study release placement, the work release coordinator shall give the department’s division of program services and the state correctional facility social worker the following information:

(a) Date placement is to begin.

(b) Site of placement or contract facility, if any.

(d) Type of work or study program.

(e) Rate of pay or amount of financial aid.

(f) Other information that may be required to prepare for the placement.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (6) and (7), (8) renum. from HSS 324.15 and am., Register, February, 1987, No. 374, eff. 3-1-87; am. (1), (2), r. (3), (7) and (8), renum. (4) and (6) to be (3) and (5) and am. (3) and (5) (a) to (e) and r. and recr. (4), Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 324.07 Placement in work release {#sec-doc-324.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.07}

The following requirements apply to all placements in work release:

(1) The inmate shall have a confirmed job offer.

(2) Financial compensation shall be comparable to that of other workers employed in similar positions by the same employer.

(3) No inmate may be placed with a relative or in a private home or any place where a potential conflict exists.

(4) The placement is not effective until the inmate actually begins working on the job.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (1), r. (2), renum. (3) to (6) to be (2) to (5), Register, February, 1987, No. 374, eff. 3-1-87; am. (1), r. (3), renum. (4) and (5) to be (3) and (4) and am. (3), Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 324.08 Placement in study release {#sec-doc-324.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.08}

The following requirements apply to all study release placements:

(1) Before placement, the inmate shall be accepted for enrollment at the school. All financial arrangements shall be agreed upon by the inmate and the state correctional facility.

(2) The warden or superintendent shall determine the length of time of the placement and may extend that time period. Study release placements shall be for the same length of time as the educational program unless there is good cause for a different length of time.

(3) The placement is not effective until the first day of scheduled class attendance.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, February, 1987, No. 374, eff. 3-1-87; am. (2), r. (3), renum. (4) to be (3), Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 324.09 Inmate funds {#sec-doc-324.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.09}

(1) Under s. DOC 324.06 (1), during the application process for work or study release, each inmate shall list all financial obligations. Inmates approved for study release shall apply for all benefits to which they are entitled as a result of placement in an educational or training program.

(2) Appropriate department personnel shall investigate and determine the following:

(a) Cost of the inmate’s food and clothing in the placement assigned.

(b) Cost of an educational placement, including but not limited to tuition and books.

(d) Support obligations for the inmate’s dependents.

(e) Reasonable room charges as determined by the department.

(f) Financial obligations set by a court judgment and debts acknowledged in writing by the inmate.

(3) The inmate shall sign an agreement acknowledging the department’s authority to disburse funds earned while on work release or funds received for study release in accordance with s. 303.065 (5), Stats. Refusal to sign shall make an inmate ineligible for participation.

(4) The state correctional facility business manager shall disburse money received as wages or educational benefits in the following order:

(a) For board including food and clothing for the inmate, any fee charged under s. 301.135, Stats., plus, if the inmate is on study release, tuition, books, fees, tools, and other supplies or, if the inmate is on work release, work related expenses.

(b) Necessary travel expense to and from the placement and other incidental expenses of the inmate.

(d) Payment of the deoxyribonucleic acid analysis surcharge under s. 973.046 (4), Stats.

(e) Support of the inmate’s dependents, if any.

(f) A reasonable room charge as determined by the department.

(g) After investigation under sub. (2), payment, either in full or proportionately, of the inmate’s obligations that were acknowledged by the inmate in writing or that have been reduced to judgment.

(h) Wages to the inmates on work or study release until the current canteen limit under s. DOC 309.52 (1) (b) is reached. Unspent money shall be deposited in the inmate’s general account. Before releasing an inmate to field supervision, the releasing institution shall inform the parole agent of the balances in the inmate’s general account under s. DOC 309.49, release account under s. DOC 309.466 and segregated account under s. DOC 309.50. The agent shall instruct the institution business manager as to where these balances shall be transferred and as to disbursement of work or study release funds from general and segregated accounts.

(5) Books, tools, supplies, and other items necessary for study release purchased with the inmate’s funds remain the inmate’s property.

(6) The institution business manager shall establish a separate account for each inmate and make disbursements under sub. (4) and s. 303.065 (5), Stats. All paychecks from work release and funds received for study release shall be sent to the institution business manager unless the work release coordinator approves other arrangements.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (4), Register, February, 1987, No. 374, eff. 3-1-87; am. (2) (a) to (e), (4) (a) to (c), (5) renum. to be (4) (d) to (g) to be (4) (e) to (h) and am., cr. (4) (d), Register, September, 1997, No. 501, eff. 10-1-97; corrections in (4) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545.

Wis. Admin. Code § DOC 324.10 Transportation {#sec-doc-324.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.10}

(1) All transportation arrangements between a state correctional facility and a work or study placement require approval by the warden or superintendent, of the state correctional facility to which the inmate is assigned. All vehicles transporting inmates shall be insured.

(2) The following means of transportation may be used:

(a) Institution vehicles.

(b) Public carriers.

(3) Inmates on work release shall pay the cost of transportation to and from the work site. If the department provides transportation, it may assess a reasonable charge.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register February, 1987, No. 374, eff. 3-1-87; am. (1), r. (2) and (3) (d), renum. (3) (intro.), (a) to (c) to be (2) (intro.) (a) to (c), (4) to be (3) and am., Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 324.11 Custody {#sec-doc-324.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.11}

Inmates placed in work or study release remain in the legal custody of the department.

Note: Since inmates are in the custody of the department at all times, a failure to report to or return from the placement site is an escape under s. 946.42 (3), Stats.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am., Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 324.12 Inmate conduct on work and study release {#sec-doc-324.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.12}

(1) The following provisions apply to inmate conduct on work and study release and shall be included as part of the work release and study release agreements:

(a) Inmates shall not leave the immediate confines of the placement site or the assigned designated area.

(b) Inmates shall not possess weapons or possess or use any form of alcohol, marijuana, narcotics, or drugs except as authorized and directed by a physician.

(c) Inmates shall abide by all the rules of the employer or the educational or training facility to which they are assigned.

(d) Inmates shall not send or receive personal letters or property and shall not make or receive personal telephone calls at the placement site unless authorized by the warden or superintendent. Personal visits are not permitted at the placement site.

(e) Inmates shall not enter into contracts or agreements without prior approval by the warden or superintendent. Prohibited contracts include but are not limited to: purchases of property, time payments, and marriage.

(f) The inmate may not remove any tools, equipment, or shop-built items from the state correctional facility or bring any such item into the state correctional facility without the prior approval of the warden or superintendent.

(g) Money shall be considered contraband unless authorized in advance by the warden or superintendent for incidental expenses.

(h) Inmates shall use only the transportation authorized under s. DOC 324.10.

(i) Inmates shall abide by these administrative rules, the specific policies and procedures of the institution to which they are assigned.

(j) Failure to report or return from a work or study placement may be referred for prosecution as an escape under s. 946.42 (3), Stats., and may be administratively charged with an escape under s. DOC 303.26.

(k) An inmate may not remain on work or study release if a medical or psychological problem of the inmate would go untreated.

(2) The following additional requirements apply only to study release and shall be included in the study release agreement:

(a) Inmates shall attend all regularly scheduled classes even if the instructor does not require attendance. The warden or superintendent must approve all schedules and schedule changes.

(b) Inmates shall maintain passing grades in all courses and a cumulative 2 point (2.0) grade point average (C average) or better on a 4 point (4.0) scale. Incompletes may result in termination.

(c) Unless approved in advance by the warden or superintendent, inmates may not enroll in or attend evening courses, courses requiring attendance at events away from the placement site, theater activities, field trips, athletic functions, or social events.

(d) Unless approved in advance by the warden or superintendent, the inmate shall not sign up for additional projects that require fees or the purchase of additional books and materials.

(e) Books and nonexpendable items shall be used appropriately and not sold or exchanged during placement without approval.

(3) Violation of this section may result in termination of work or study release under s. DOC 324.13.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (1) (f), (h), (j) and (2) (c), Register, February, 1987, No. 374, eff. 3-1-87; am. (1) (b), (d) to (g), (i) and (j), (2) (a) to (d), Register, September, 1997, No. 501, eff. 10-1-97; CR 11-022: am. (1) (j) Register September 2014 No. 705, eff.1-1-15.

Wis. Admin. Code § DOC 324.13 Process for termination of work and study release {#sec-doc-324.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 324.13}

The procedure for termination of an inmate’s work release or study release program is as follows:

(1) A termination at the inmate’s request is subject to the approval of the warden or superintendent.

(2) A termination due to withdrawal of consent to the placement by a person outside of the department whose consent is prerequisite of the placement shall occur upon receipt of oral or written notification by an appropriate authority that the authority no longer consents to the placement. If the notification is given orally, the staff member receiving the oral notification shall document the information and forward it to the warden or superintendent.

(3) If the placement is terminated as a result of any of the violations listed below by the inmate, the inmate shall be afforded a hearing for the purpose of determining whether the alleged violation occurred. A termination by the department may occur after determining that the inmate has committed any of the following:

(a) Violation of a statute.

(b) Violation of the rules of the placement site.

(d) Violation of the work or study release agreement.

(e) Violation of any special conditions imposed on the placement.

(4) The warden or superintendent shall conduct a preliminary review and may take any action with reference to the inmate considered necessary for protection of the public consistent with administrative rules, including temporary removal or suspension from the placement pending the hearing.

(5) When an inmate’s work or study release privileges have been suspended the department has no liability for loss of wages or consequences of missed classes.

(6) A hearing shall be conducted in accordance with the procedures under ss. DOC 303.78 and 303.80, modified as follows:

(a) In accordance with s. DOC 303.84, with the permission of the hearing officer, the work release coordinator shall interview employers or school officials who have relevant evidence and report to the hearing officer.

(b) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.

(7) If the inmate is found to have committed the violation alleged, the warden or superintendent may terminate the inmate’s work or study release placement. The inmate may be referred to RC for a review of custody level in accordance with s. DOC 302.17.

(8) An inmate whose work or study release placement has been suspended pending a hearing and who is found not guilty of the alleged violation may be returned to the placement as soon as practicable following the finding.

(9) A work or study placement may be terminated by the warden or superintendent in response to documented adverse community reaction to the placement.

History

Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (2) and (3) (b), Register, February, 1987, No. 374, eff. 3-1-87; r. and recr., Register, September, 1997, No. 501, eff. 10-1-97; CR 11-022: am. (6) Register September 2014 No. 705, eff. 1-1-15; CR 17-026: am. (7), Register June 2018 No. 750 eff. 7-1-18.

Chapter DOC 324 Appendix APPENDIX

Wis. Admin. Code § Chapter DOC 324 APPENDIX {#sec-chapter-doc-324 omnilex-key=us-wi-regs-official--agency-doc--Chapter DOC 324}

Chapter DOC 325 TEMPORARY RELEASE UNDER SUPERVISION

Wis. Admin. Code § DOC 325.01 Purpose {#sec-doc-325.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.01}

(1) The purposes of temporary release under supervision are the following:

(a) To use resources outside the institution for educational and rehabilitative purposes.

(b) To permit an inmate in a minimum security facility to visit a seriously ill close family member or attend a service following the death of a close family member or both.

(d) To permit an inmate to be assigned as an inmate driver.

(e) To permit an inmate to be assigned to special projects in the community.

(2) Temporary release under supervision shall be consistent with preserving order in the institution and protecting the public.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. (1) and (2), cr. (1) (d) and (e), Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.02 Applicability {#sec-doc-325.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.02}

Pursuant to the authority vested in the department of corrections under s. 227.11 (2), Stats., the department hereby adopts this chapter that applies to the department and all adult inmates under its legal custody. It implements ss. 302.15 and 304.115, Stats.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81.

Wis. Admin. Code § DOC 325.03 Definitions {#sec-doc-325.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.03}

In this chapter:

(1) “Close family member” means the inmate’s natural, step, foster and surrogate parents; spouse, children, siblings, and children raised with the inmate by the parents, in the relationship of a sibling even though the person is not a blood sibling.

(2) “Designee” means a person designated by the warden. The designee shall have the same authority as the warden for purposes of this chapter.

(3) “Escape” is defined under ch. DOC 303.

(4) “Minimum custody” means the custody level given to an inmate who resides in minimum security facilities as defined in DOC 302.

(5) “Warden” means the warden at an institution or center, or designee.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; r. and recr. (1), r. (3), renum. (2) to be (3), cr. (2), (4) and (5), Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.04 Supervision {#sec-doc-325.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.04}

Temporary release under this chapter shall be under the direct supervision of staff or an approved sponsor designated by the warden. The level of supervision shall be specified by the warden.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.05 Custody {#sec-doc-325.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.05}

Inmates who are temporarily released under this chapter remain in the legal custody of the department.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81.

Wis. Admin. Code § DOC 325.06 Approval by warden {#sec-doc-325.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.06}

Only a warden may order the temporary release of an inmate. The warden has the authority to delegate this responsibility in writing to a designee.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.07 Conditions {#sec-doc-325.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.07}

(1) The warden may authorize the temporary release of an inmate for any length of time and upon appropriate conditions.

(2) The warden shall specify in writing all of the following:

(a) The staff member or other person to accompany the inmate on release.

(b) The level of supervision required.

(d) Any other conditions that shall be complied with by the inmate on temporary release. The conditions imposed shall comply with s. DOC 302.09.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, July, 1997, No. 499, eff. 8-1-97; CR 17-026: am. (2) (d), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 325.08 Criteria {#sec-doc-325.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.08}

An inmate’s temporary release may be authorized by the warden for any of the following reasons:

(1) To allow an inmate in any security level to do any of the following:

(a) Respond to a request from law enforcement officials or make a court appearance.

(b) Receive medical treatment.

(2) To allow an inmate in a minimum security facility to do any of the following:

(a) Attend a service following the death of a close family member.

(b) Visit a terminally ill close family member.

(d) Participate in a structured work program.

(e) Be interviewed by a prospective employer or educational official who requests the interview to determine a work release or study release placement.

(f) Participate in release planning.

(g) Perform duties as an inmate driver.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; r. and recr. Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.09 Release order {#sec-doc-325.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.09}

(1) Every authorization for temporary release shall be in writing and shall contain all of the following information:

(a) The inmate’s name and institution number.

(b) The name and the title of the person accompanying the inmate.

(d) The criteria under s. DOC 325.08 upon which the release was ordered and the underlying facts upon which the order was made.

(e) The conditions imposed under s. DOC 325.07.

(2) The accompanying staff member or person designated by the warden shall carry a copy of the release order. The institution shall retain a copy per department regulations. The inmate may be required to carry a copy.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. (1) (intro.) to (d) and (2), Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.10 Inmate conduct on temporary release {#sec-doc-325.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.10}

Any inmate temporarily released shall abide by all statutes, department rules, and release conditions. Failure to do so is misconduct punishable under ch. DOC 303.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81.

Wis. Admin. Code § DOC 325.11 Authority of escort {#sec-doc-325.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.11}

An inmate shall obey all lawful directives made by the staff member or other designated person accompanying the inmate on release.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.12 Cancellation {#sec-doc-325.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.12}

(1) The warden may cancel the release order at any time the warden considers leave no longer desirable or no longer in conformance with the purposes of temporary release as stated under s. DOC 325.01.

(2) The cancellation order shall contain the reasons for the cancellation.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, July, 1997, No. 499, eff. 8-1-97.

Wis. Admin. Code § DOC 325.13 Cost {#sec-doc-325.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.13}

(1) An inmate may be required to pay all, part, or none of the cost of a release requested under this chapter. Any cost the inmate must assume shall be specified as a condition under s. DOC 325.07.

(2) In deciding how much the inmate must pay, the warden shall consider the purpose of the release, the inmate’s ability to pay, and the requirements of ss. DOC 309.45 to 309.52. Mileage costs shall be computed at the rates in effect at the time of the release for state travel set by the department of administration.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. (2), Register, July, 1997, No. 499, eff. 8-1-97; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545.

Wis. Admin. Code § DOC 325.14 Procedure {#sec-doc-325.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 325.14}

Each institution shall make available to inmates a specific written procedure by which inmates may request temporary release under this chapter and by which inmates shall receive a timely written response to their requests.

History

Cr. Register, April, 1981, No. 304, eff. 5-1-81; am. Register, July, 1997, No. 499, eff. 8-1-97.

Chapter DOC 326 LEAVE FOR QUALIFIED INMATES

Wis. Admin. Code § DOC 326.01 Authority and applicability {#sec-doc-326.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.01}

This chapter is promulgated under the authority of s. 303.068 (5), Stats., and interprets s. 303.068, Stats. It applies to the department of corrections and to all inmates in the legal custody of the department. Community custody inmates may be permitted unescorted leaves under this chapter. Leaves under this chapter are distinguishable from temporary release of inmates with supervision which is regulated by ch. DOC 325, and from work and study release for inmates which is regulated by ch. DOC 324.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.02 Purpose {#sec-doc-326.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.02}

This chapter provides for an eligible, community custody inmate to be considered for an unescorted leave from the institution.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.03 Definitions {#sec-doc-326.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.03}

In this chapter:

(1) “Administrator” means the administrator of the division of adult institutions or the administrator of the division of community corrections, department of corrections.

(2) “Bureau of health services” means bureau of health services, department of corrections.

(3) “Close family member” means the inmate’s parent, child, spouse, grandparent, brother or sister. “Parent” includes a person who was previously acting as a parent, as defined in s. 822.02 (8), Stats., for the inmate.

(4) “Community custody” means that custody classification which permits inmates to participate in off-grounds activities.

(5) “Department” means the department of corrections.

(6) “History of assaultive behavior” means any prior arrests or charges for violent offenses, whether or not there was a conviction, and whether or not the offenses occurred inside or outside of the institution.

(7) “Leave agreement” means the written statement, signed by the inmate, by which the inmate agrees to accept the responsibilities that the privilege of the leave requires and agrees to abide by certain specified conditions of leave.

(8) “Leave for qualified inmates” or “leave” means the privilege of an unescorted, authorized absence from the institution for one of the verifiable purposes under s. DOC 326.02.

(9) “Serious illness” means a medical condition which is verified by a physician where death is imminent.

(10) “Superintendent” means the superintendent at a correctional center, or designee.

(11) “Violent offense” means a conviction for any offense in which there is actual or threatened bodily harm or any sexual offense.

(12) “Warden” means the warden at an institution, or designee.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.04 Eligibility for leave application {#sec-doc-326.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.04}

To be eligible to apply for a leave, an inmate shall meet the following requirements:

(1) The inmate shall be housed in a minimum security facility as described in s. DOC 302.10, including contract facilities, and the inmate shall have a community custody status as defined in s. DOC 302.09 (4).

(2) The inmate shall be able to demonstrate one of the following needs:

(a) To visit a close family member who is seriously ill.

(b) To attend the funeral of a close family member.

(d) To screen for or diagnose or treat an injury, illness or disease, as pre-approved by the bureau of health services.

(e) To visit a close family member to facilitate family reintegration and stability.

(3) The inmate shall not be confined, nor have a criminal conviction for a violent offense or a history of assaultive behavior.

(4) The inmate shall not be confined, nor have a criminal conviction for escape.

(5) The proposed leave is restricted to the state of Wisconsin.

(6) The proposed leave shall only be for a period of time necessary for the purpose of the leave, but no inmate may be granted a total of more than 3 leaves per calendar year and no leave may exceed 3 days exclusive of travel time unless an extension is granted, for cause, by the warden or superintendent.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 17-026: am. (1), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 326.05 Process for obtaining leave {#sec-doc-326.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.05}

(1) The inmate or an employee on behalf of the inmate shall apply for a leave by submitting a completed, signed application and leave agreement.

(2) In completing these documents, the inmate shall be required to provide all necessary information, prove eligibility, and agree in advance to all conditions of the leave, including, but not limited to geographic and travel conditions, including travel routes and mode of transportation, the specific geographic confines within which the inmate is authorized to move, any other condition on movement, conduct or communication consistent with the intent of this chapter, and any urinalysis or breathalyzer tests, personal or strip searches by department staff or law enforcement personnel.

(3) The warden or superintendent shall designate a staff member to investigate and verify the application information according to the following procedure:

(a) Verify that there are no outstanding detainers, pending charges, or revocations.

(b) Verify the accuracy of the information in the application and the inmate’s eligibility under s. DOC 326.04. This investigation shall include contact with anyone who can verify the accuracy of the information in the application. If, upon investigation, the inmate is found ineligible, the staff member shall note the reason for the ineligibility on the application.

(d) Attempt to determine potential community reaction to the proposed leave, including, any input from the parole agent, local law enforcement authorities and district attorneys.

(4) The staff member designated under sub. (3) shall recommend approval or denial of the inmate’s application for an unescorted leave and shall refer the recommendation to approve or deny the leave to the warden or superintendent. If a recommendation to deny the unescorted leave is based on insufficient time for institution staff to investigate, review or process the application prior to the requested leave departure date, the staff member shall advise the inmate that he or she may apply for a temporary leave under supervision as provided in ch. DOC 325.

(5) The warden or superintendent shall review any recommendation and shall do either of the following:

(a) Deny the leave.

(b) Approve the leave, and impose conditions. The inmate shall sign a statement agreeing to the conditions as a prerequisite to leave being granted.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.06 Review of denial of leave {#sec-doc-326.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.06}

(1) An inmate may appeal the superintendent’s decision to the warden or the warden’s decision to the administrator in writing within 5 days of the date of the decision denying leave. This may be extended for good cause at the discretion of the warden or administrator.

(2) The warden or administrator shall issue a decision within 10 days of receiving the request.

(3) The warden’s or administrator’s decision to deny a leave is final.

(4) Complaints about procedural violations, but not the warden’s or administrator’s final decision, shall be reviewed within the inmate complaint system under ch. DOC 310.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.07 Notification of local officials {#sec-doc-326.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.07}

Before an inmate is released on leave, the warden or superintendent shall notify the police chief of any community involved and the sheriff and district attorney of any county involved of the details of the approved leave.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.08 Custody {#sec-doc-326.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.08}

An inmate granted leave remains in the legal custody of the institution from which the inmate has taken leave or to which the inmate is assigned.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.09 Expenses {#sec-doc-326.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.09}

All direct expenses of a leave shall be the responsibility of the inmate.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.10 Inmate conditions while on leave {#sec-doc-326.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.10}

(1) An inmate shall travel to and from the leave destination by the approved method of transportation and route.

(2) An inmate shall abide by all state statutes and rules, local ordinances, and policies and procedures of the department while on leave.

(3) An inmate shall comply with the leave agreement.

(4) An inmate shall at all times have a copy of the authorization of leave on the inmate’s person.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.11 Sanctions {#sec-doc-326.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.11}

(1) An inmate who intentionally fails to return from a leave as specified, or who intentionally leaves the approved route to or from the leave destination, may be treated as an escapee.

(2) An inmate who violates conditions of leave, the leave agreement or any rules of the department are subject to disciplinary action under ch. DOC 303.

(3) The warden or superintendent may cancel leave at any time.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Wis. Admin. Code § DOC 326.12 Good time credit on leave {#sec-doc-326.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 326.12}

Leave time is credited toward the service of the sentence. The time credit includes statutory and extra good time not covered by s. 973.155, Stats.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97.

Chapter DOC 327 COMMUNITY RESIDENTIAL CONFINEMENT

Wis. Admin. Code § DOC 327.01 Authority and purpose {#sec-doc-327.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.01}

This chapter is promulgated under the authority of ss. 227.11 (2) and 301.046, Stats., to provide rules for administration of community residential confinement for correctional inmates which the department under s. 301.046, Stats., is required to establish and operate. The purposes of community residential confinement placements are:

(1) To provide a structured program for an inmate in institution status placed in the community on electronic monitoring that represents minimal risk to the public, the inmate and staff;

(2) To provide an opportunity for an inmate to assume responsibility in employment, education, treatment and residential settings to prepare the inmate for a productive life in free society after release;

(3) To provide community resources for education, treatment and work programs not available in another institution;

(4) To provide an inmate with opportunities to demonstrate through responsible behavior that the inmate is ready for parole; and

(5) To fulfill the correctional goals of protection of the public and reintegration of the inmate into society.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.02 Applicability {#sec-doc-327.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.02}

This chapter applies to the department of corrections and to adult inmates in its custody who are eligible for a minimum security/community residential confinement classification. This chapter and other administrative rules referenced in this chapter are the only administrative rules of the department that apply to inmates in community residential confinement placements. Any inconsistencies between rule provisions within this chapter and other chapters shall be resolved in favor of this chapter.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.03 Definitions {#sec-doc-327.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.03}

In this chapter:

(1) “Administrator” means the administrator of the division or that person’s designee.

(2) “Community residential confinement placement” or “CRC placement” means an assignment to the department’s community residential confinement institution under s. 301.046, Stats., after approval by appropriate CRC staff in accordance with s. DOC 327.06.

(3) “Classification chief” means the division’s chief of classification or that person’s designee.

(4) “CRC” means community residential confinement or community residential confinement institution.

(5) “Department” means the Wisconsin department of corrections.

(6) “Division” means the department’s division of adult institutions.

(7) “Minimum security/community residential confinement classification” or “MS/CRCC” means the inmate security classification described under s. DOC 302.12 (1) (f).

Note: DOC 302.12 (1) (f) was repealed eff. 2-1-02.

(8) “PRC” means the program review committee.

(9) “Secretary” means the head of the department or that person’s designee.

(10) “State correctional facility” or “state correctional institution” means the prisons named under s. 302.01, Stats.

(11) “Superintendent” means the superintendent of the department’s community residential confinement institution or that person’s designee.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.04 Eligibility for minimum security/community residential confinement classification {#sec-doc-327.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.04}

To be eligible for minimum security/community residential confinement classification, an inmate shall meet all of the following requirements:

(1) Shall be parole-eligible under s. 304.06, Stats., and s. PAC 1.05.

(2) May not be serving a life sentence.

(3) Shall agree to community residential confinement placement, electronic monitoring and any special condition CRC staff may impose on the placement.

(4) Shall agree to pay a reasonable electronic monitoring fee as determined by the department. The superintendent may waive the electronic monitoring fee.

(5) Shall have a CRC plan that includes an intended residence, either a school or job placement or an alternative acceptable to the PRC and a proposal for meeting treatment goals in the community.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

Wis. Admin. Code § DOC 327.05 Procedure for application and approval of classification {#sec-doc-327.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.05}

(1) An inmate may apply for minimum security/community residential confinement classification to his or her institution social worker or to a staff member designated for this purpose.

(2) The application shall include evidence that the inmate satisfies the eligibility requirements under s. DOC 327.04.

(3) The social worker or designated staff member shall review the inmate’s application and shall report on the inmate’s eligibility and the feasibility of the inmate’s plan to the PRC of the state correctional institution where the inmate is assigned.

(4) The reclassification procedure shall be the procedure for changing a custody classification under s. DOC 302.17 and this chapter.

(5) The PRC’s recommendation for minimum security/community residential confinement classification shall be by unanimous vote. If a vote is not unanimous, the case shall be treated in accordance with s. DOC 302.17 (5).

(6) Reasons for the PRC’s recommendation as to change in the inmate’s security classification shall be given to the inmate in writing.

(7) If referred under sub. (5) or s. DOC 302.17 (5), the classification chief shall approve or deny minimum security/community residential confinement classification.

(8) The inmate’s eligibility under s. DOC 327.04, the criteria under s. DOC 302.02 and any other factors which relate to whether the inmate will be able to maintain himself or herself in a community residential confinement placement without engaging in criminal or disciplinary activity may be considered in making the decision under this section.

(9) The inmate shall be recommended for minimum security/community residential confinement classification by the PRC and approved for that classification by the classification chief before any further placement efforts are undertaken.

(10) An inmate may appeal a PRC denial of minimum security/community residential confinement classification to the classification chief within 10 days after receipt of notice of the denial.

(11) If the classification chief approves the minimum security/community residential confinement classification, the inmate shall be classified as minimum security/community residential confinement. An inmate with that classification has the appropriate status for CRC placement but is not assigned to a CRC placement unless he or she is approved for placement under s. DOC 327.06. Prior to approval for CRC placement, an inmate with a security classification of minimum security/community residential confinement may be assigned to any correctional institution.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 17-026: am. (4), (8), Register June 2018 No. 750 eff. 7-1-18; correction in (5), (7) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 327.06 Placement approval {#sec-doc-327.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.06}

(1) Upon the classification chief’s approval for minimum security/community residential confinement classification, the referring institution’s PRC or the classification chief shall send a copy of the CRC plan to a CRC staff person designated by the superintendent.

(2) Upon receipt of the CRC plan, the CRC staff person designated by the superintendent shall carry out an investigation to determine if the plan is appropriate and shall include in that investigation assessments of the inmate’s proposed residence, employment, school and community treatment plan.

(3) The designated CRC staff person shall contact the inmate’s parole agent for information on the adequacy of the plan, the probable reaction to the inmate in the community where the inmate proposes to reside and other relevant information.

(4) The designated CRC staff member shall document the results of the investigation under subs. (2) and (3) and submit that information to the CRC PRC.

(5) For the purpose of placement approval, the CRC PRC shall consist of 2 members including a social worker and the staff person designated by the superintendent who completed the investigation under subs. (2) and (3). The superintendent may designate persons to sit as alternates.

(6) After reviewing all relevant information, the CRC PRC shall decide whether to approve or deny the CRC placement.

(7) CRC PRC approval for CRC placement shall be by unanimous vote. If the vote is not unanimous, the case shall be referred to the superintendent for decision.

(8) The inmate’s eligibility under s. DOC 327.04, the adequacy of the inmate’s plan, the objectives under s. DOC 302.02 and any other factors which relate to whether the inmate will be able to maintain himself or herself in a CRC placement without engaging in criminal or disciplinary activity may be considered in making the decision.

(9) If CRC placement is approved, the superintendent may impose in writing any special conditions, such as restrictions on associations or possessions, that are appropriate.

(10) Upon placement approval, the CRC PRC staff shall notify the classification chief. The notification shall include, if applicable:

(a) Date placement is to begin;

(b) Site of residence;

(d) Transportation arrangements between state correctional facility and CRC placement; and

(e) Other information that may be required to prepare for the placement.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 17-026: am. (8), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 327.07 CRC placement {#sec-doc-327.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.07}

(1) Before the inmate’s placement:

(a) A CRC staff person designated by the superintendent shall advise the inmate’s employer, appropriate school administrators and persons sharing the residence with the inmate of their responsibilities to the inmate and the program. Other occupants of the residence shall agree in writing to searches of the residence, including the grounds, in accordance with s. DOC 327.21.

(b) The inmate shall sign an agreement to abide by the rules of CRC placement, electronic monitoring and any special conditions imposed on the inmate’s placement.

(c) The department shall notify the committing court, the municipal police chief, the county sheriff and district attorney for the area where the inmate plans to reside.

(2) CRC staff and the division’s central office staff shall coordinate transportation arrangements between the state correctional facility and the approved CRC placement. The department is not required to provide transportation to the inmate.

(3) A CRC staff person shall meet with the inmate at the CRC residence to activate the electronic surveillance.

(4) The CRC staff member shall explain to the inmate the rules of CRC placement and the special conditions of the inmate’s placement. The CRC staff member shall describe how the electronic monitoring equipment works, any special limitations on transportation methods or routes, the places the inmate is authorized to visit, the hours the inmate is authorized to be absent from his or her residence, and the area designated as the limits of the inmate’s confinement.

(5) An inmate in a community residential confinement placement remains in the legal custody of the department and is an inmate in institution status.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.08 Changes in CRC program assignment {#sec-doc-327.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.08}

(1) In this section, “program assignment” means assignment to work, school, treatment or an approved alternative program, or to a combination of these. It does not include a more specific assignment, such as a particular job within a work assignment.

(2) For the purposes of considering a change in an inmate’s program assignment after initial CRC placement approval under s. DOC 327.06, not including termination of the CRC placement under s. DOC 327.10, a CRC PRC shall consist of 2 members including a social worker and correctional officer. The superintendent may designate persons to sit as alternates.

(3) CRC PRC approval or disapproval for a change in program assignment shall be by unanimous vote. If the vote is not unanimous, the case shall be referred to the superintendent for a decision.

(4) The criteria under ss. DOC 302.11 and 302.13, the availability of programs in the community, and any other factor relevant to the inmate’s rehabilitation and the protection of the community may be considered in making the decision.

(5) Reasons for the decision concerning a program assignment shall be given to the inmate in writing.

(6) An inmate may appeal the PRC’s decision concerning a program assignment to the superintendent within 10 days after receipt of the decision.

(7) Although PRC approval is not necessary, an inmate may not change his or her schedule or specific job, school or treatment activities without prior approval by a CRC staff member designated by the superintendent.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 327.09 Inmate conduct in CRC placements {#sec-doc-327.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.09}

(1) The following provisions apply to the conduct of inmates in community residential confinement placements and shall be included in the agreement signed by an inmate under s. DOC 327.07 (2):

(a) An inmate may not possess or use any form of alcohol, or other intoxicating substance as defined under s. DOC 303.02 (23) except as authorized and directed by an approved physician;

(b) An inmate shall abide by all the rules of the inmate’s employer or the educational or training facility to which the inmate is assigned;

(c) Except for retaining an attorney, an inmate may not enter into a contract or other agreement without prior approval by the superintendent. Contracts which require prior approval include but are not limited to the purchase of property, time payments and marriage.

(d) An inmate shall abide by this chapter and other rules referenced in this chapter, the specific policies, procedures and rules of any facility in which the inmate is housed, any special conditions imposed on the CRC placement, and all pertinent state and federal statutes and local ordinances. In addition, if an inmate is housed in a state correctional institution he or she shall abide by all of the department’s administrative rules for institutions;

(e) Any intentional failure of the inmate to return to the CRC residence on schedule or leaving the confines of the authorized area to which he or she is assigned without permission, may be referred for prosecution as an escape under s. 946.42 (3), Stats.;

(f) An inmate may not remain in a community residential confinement placement if, as a result, a medical or psychological problem of the inmate would go untreated;

(g) If an inmate is attending school, the inmate shall attend all regularly scheduled classes even if the instructor does not require attendance, unless the inmate obtains an excuse from CRC staff;

(h) If an inmate attending school fails to maintain passing grades in all courses and a cumulative 2 point (2.0) grade point average (C average) or better on a 4 point (4.0) scale or receives one or more incompletes, the PRC may terminate the CRC placement;

(i) Unless approved in advance by CRC staff, an inmate may not enroll in or attend evening courses, courses requiring attendance at events away from the school site, theater activities, field trips, athletic functions or social events;

(j) Inmates shall report all arrests or official police contacts to CRC staff immediately;

(k) Inmates shall submit a schedule of activities to CRC staff as directed by the staff;

(L) Inmates shall make themselves available for tests and searches ordered by CRC staff in accordance with this chapter;

(m) Inmates shall attend and participate in programs and treatment mandated by department staff;

(n) An inmate may not change his or her schedule or CRC program including specific residence, work or treatment situation without prior approval by appropriate CRC staff;

(o) An inmate may not purchase, lease, trade, sell, or operate a motor vehicle without advance approval by CRC staff. To obtain approval to operate a motor vehicle, the inmate shall demonstrate proof of insurance, have a valid Wisconsin driver’s license and, if the vehicle is owned by another person, have the permission of the owner to operate the vehicle;

(p) An inmate shall be responsible for maintaining telephone service compatible with the CRC electronic monitoring equipment and CRC programming needs. Personal use of the telephone line may be restricted to allow for proper functioning of the electronic monitoring equipment;

(q) An inmate shall wear an electronic device continuously on the inmate’s person and comply with other requirements of the electronic monitoring system as directed by appropriate CRC staff;

(r) An inmate may not tamper with the electronic monitoring equipment. Inmates are responsible for lost, stolen or damaged electronic monitoring equipment, except that inmates are not responsible for malfunctioning of equipment caused by faulty manufacturing.

(s) An inmate shall pay a reasonable electronic monitoring fee as determined by the department unless the superintendent waives the fee. Failure of an inmate to make payments on schedule may result in the inmate’s termination from a CRC placement. Inmates may not be terminated from a CRC placement solely for failure to pay an electronic monitoring fee; and

(t) An inmate shall acknowledge the department’s authority to collect all funds earned and compensation received by the inmate while in a CRC placement and to disburse those funds in accordance with s. DOC 327.15.

(2) All the offenses listed in ss. DOC 303.11 to 303.64 apply to inmates in community residential confinement placement with the following exceptions, substitutions and modifications:

(a) Sections DOC 303.14 and 303.15 on sexual conduct do not apply.

(b) The following is substituted for s. DOC 303.21 on inciting a disturbance: Any inmate who intentionally encourages, directs, commands, coerces or signals one or more other persons to participate in a disturbance is guilty of an offense. “Disturbance” has the meaning given in s. DOC 303.02 (13).

(d) The following is substituted for s. DOC 303.04 on conspiracy:

If an inmate plans or agrees to do acts which are forbidden under this chapter with another person or persons, the inmate is guilty of an offense.
The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses;

(e) The following is substituted for s. DOC 303.26 on escape:

An inmate who does any of the following without permission is guilty of an offense:

a. Leaves an institution;

b. Leaves the custody of a staff member;

c. Does not follow his or her assigned schedule;

d. Leaves the confines of the authorized area to which he or she is assigned and does not return promptly; or

e. Does not return to the CRC residence on schedule;

(f) The following is substituted for s. DOC 303.31 on lying: Any inmate who knowingly makes a false written or oral statement to a staff member is guilty of an offense;

(h) Section DOC 303.34 on unauthorized forms of communication does not apply.

(i) The following is substituted for s. DOC 303.36 on enterprises and fraud: Any inmate who offers to buy or orders any item with the intention of not paying for it or incurs debt without permission is guilty of an offense.

(k) Section DOC 303.40 on unauthorized transfer of property does not apply;

(L) Section DOC 303.42 on possession of money does not apply;

(m) The following is substituted for s. DOC 303.43 on possession of intoxicants:

Except as specifically authorized by CRC staff, any inmate who knowingly has in his or her possession any intoxicating substance as defined under s. DOC 303.02 (23) is guilty of an offense; and
All intoxicating substances prohibited by this section shall be confiscated, whether or not any violation of this section occurred;

(o) The following is substituted for s. DOC 303.47 on possession of contraband — miscellaneous: Any inmate who knowingly possesses any items of a type which is not allowed under s. DOC 327.16 (6) (c) 1. or 5. or under the inmate’s special conditions of CRC placement is guilty of an offense;

(p) Section DOC 303.49 on unauthorized use of the mail does not apply;

(q) The following is substituted for s. DOC 303.50 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, job and other activities for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:

The inmate is sick and the appropriate CRC staff member has been notified;
A CRC staff member has granted the inmate permission to be in some other location; or
The inmate has been authorized to change his or her schedule by a CRC staff member;

(r) Section DOC 303.51 on loitering does not apply;

(s) The following is substituted for s. DOC 303.52 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity or who leaves the immediate area of a work or school assignment before the activity or the work or school assignment is over is guilty of an offense, unless absence from the assigned area has been approved by an appropriate CRC staff member;

(t) Section DOC 303.54 on entry into another inmate’s assigned living area does not apply;

(u) Section DOC 303.55 on improper storage does not apply;

(v) Section DOC 303.56 on dirty assigned living area does not apply;

(w) Section DOC 303.57 on poor personal hygiene does not apply;

(x) The following is substituted for s. DOC 303.58 on misuse of medication: Any inmate who knowingly does any of the following is guilty of an offense:

Takes more of a prescription medication than was prescribed;
Takes a prescription medication more often than was prescribed;
Takes a prescription medication which was not prescribed for him or her; or
Obtains a prescription for medication without approval by CRC staff.

(y) Section DOC 303.60 on use of intoxicants applies except that subs. (2) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter; and

(z) The following is substituted for s. DOC 303.28 (3) on violations of disobeying orders:

The CRC superintendent may make specific substantive disciplinary policies and procedures for inmates in CRC placements. The violation of any specific disciplinary policy or procedure is an offense. Each inmate in a CRC placement shall be given or mailed a copy of policies and procedures applicable to him or her;
Violation of any special conditions imposed on an inmate’s CRC placement is an offense; and
Violation of the CRC agreement is an offense.

(3) In addition to the rules listed under sub. (1) and the list of offenses under ss. DOC 303.11 to 303.64 as affected by sub. (2), CRC staff may develop additional written rules and specific conditions for an inmate’s CRC placement. These specific rules and conditions may be modified at any time with written notice to the inmate.

(4) Violation of this section may result in termination of the CRC placement under s. DOC 327.10.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; corrections in (2) (d) (intro.) and (m) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 11-022: am. (1) (a), (2) (intro.), (a) to (c), (d) (intro.), (e) (intro.), (f), (h), (i), (m) 1., (q) (intro.), (r) to (w), (x) (intro.), (y), (z) (intro.), (3) Register September 2014 No. 705, eff. 1-1-15; correction in (2) (p) made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.

Wis. Admin. Code § DOC 327.10 Termination of CRC placement {#sec-doc-327.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.10}

An inmate’s CRC placement may be terminated for any of the following reasons:

(1) At the inmate’s request, subject to approval of the PRC;

(2) If there is a change of circumstances including a medical condition or the loss of a job, school or treatment program; or

(3) If the department determines that the inmate has committed one or more of the following:

(a) Violation of a state or federal statute or local ordinance;

(b) Violation of the rules of any facility in which the inmate is held or to which the inmate is assigned;

(d) Violation of the community residential confinement agreement; or

(e) Violation of any special condition imposed on the inmate’s CRC placement.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.11 Termination procedure {#sec-doc-327.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.11}

(1) For the purpose of considering the termination of a CRC placement, the CRC PRC shall consist of 3 members including a social worker, a correctional officer and a department supervisory staff member. The superintendent may designate persons to sit as alternates.

(2) The procedure for termination at the inmate’s request under s. DOC 327.10 (1) or as the result of a change in circumstance under s. DOC 327.10 (2) shall be as follows:

(a) The division may transport the inmate to any state correctional institution, a county jail or any other facility that has agreed to hold CRC inmates in lockup status; and

(b) No hearing under s. DOC 327.13 is required. However, the termination shall be subject to PRC approval in accordance with the procedures under sub. (6).

(3) If the placement is terminated under s. DOC 327.10 (3), the inmate shall be afforded a hearing under s. DOC 327.13 for the purpose of determining whether the alleged violation occurred.

(4) Pending the outcome of the hearing or the PRC review under sub. (6), the department may take any action with reference to the inmate that it considers necessary for protection of the public including temporary removal from the CRC placement if the conditions for temporary lockup under s. DOC 327.14 are met.

(5) The due process fact-finding hearing shall be conducted in accordance with s. DOC 327.13.

(6) In order to terminate the CRC placement, if the inmate is found under sub. (5) to have committed the violation alleged, the case shall be referred to the CRC PRC for review. The PRC may recommend a termination in the inmate’s CRC placement, a change in the inmate’s security classification, a transfer or take any other action considered appropriate. PRC review of the inmate’s CRC placement shall be conducted in accordance with ss. DOC 302.19 and 302.20.

(7) An inmate who has been removed from a CRC placement pending a hearing and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

(8) If an inmate is unable to attend work, school or treatment programs due to a pending hearing or PRC review, CRC staff shall notify the appropriate school official, employer or treatment staff.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.12 Discipline {#sec-doc-327.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.12}

An inmate in a CRC placement may be disciplined if the department determines, after conducting a hearing under s. DOC 327.13, that the inmate has committed one of the following:

(1) A violation of a state or federal statute or a local ordinance;

(2) A violation of the rules of any facility or program in which the inmate is held or to which the inmate is assigned;

(3) A violation of this chapter;

(4) A violation of the community residential confinement agreement; or

(5) A violation of any special conditions imposed on the inmate’s CRC placement.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.13 Disciplinary procedure and penalties {#sec-doc-327.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.13}

The due process fact finding hearing to determine if the inmate has committed a violation under s. DOC 327.12 shall be conducted in accordance with the procedures under ss. DOC 303.65 to 303.90.

(1) Any department supervisory staff member may be substituted for the security director or shift supervisor.

(2) Under s. DOC 303.68, on review by the security office, the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.68 within 24 hours after receipt.

(3) Under s. DOC 303.71 (2), in addition to the listed offenses, the violation of any of the following sections is a major offense: s. DOC 303.43 on possession of intoxicants; s. DOC 303.44 on possession of intoxicant paraphernalia; s. DOC 303.52 on leaving assigned area; and s. DOC 303.53 on being in an unassigned area.

(4) Under s. DOC 303.80 (1) on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.68.

(5) Under s. DOC 303.80 (4), the due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

(6) Section DOC 303.83 (1) is modified to read: The superintendent shall designate staff representatives for inmates in disciplinary hearings at the institution. If an inmate or staff representative provides information and evidence to the superintendent that there is a conflict of interest in the case that would impair a staff representative’s ability to perform his or her duties, the superintendent shall evaluate the information and evidence to determine if a different representative should be assigned.

(7) Under s. DOC 303.84 (4), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the staff representative shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.

(8) Under ss. DOC 303.77 and 303.79, the superintendent shall designate a hearing officer.

(9) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.

(10) Under s. DOC 303.73, disciplinary separation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC inmates in disciplinary separation status.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 11-022: am. (intro.), (2) to (10) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 327.14 Temporary lockup for inmates in CRC placements {#sec-doc-327.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.14}

(1) In this section, “TLU” means temporary lockup.

(2) An inmate may be placed in TLU by any CRC staff member or by a law enforcement officer at the request of CRC staff.

(3) CRC supervisory staff shall review the placement of an inmate in TLU within 3 working days after it takes place. Before this review and the review provided for in sub. (3), the inmate shall be provided with the reason for TLU and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate’s response to TLU. If, upon review, it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

(4) No inmate may remain in TLU more than 21 days, except that the superintendent, with notice to the administrator, may extend this period for up to 21 additional days for cause. After the review under sub. (2), CRC supervisory staff shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate. If upon review it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

(5) An inmate may be placed in TLU and kept there only if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

(a) If the inmate remains in the CRC placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action;

(b) If the inmate remains in the CRC placement, the inmate will encourage others by example, expressly, or by the inmate’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation;

(c) If the inmate remains in the CRC placement, it will create a substantial danger to the physical safety of the inmate or other person;

(d) If the inmate remains in the CRC placement, there is a substantial danger that the inmate will try to escape;

(e) If the inmate remains in the CRC placement, a criminal, disciplinary or termination investigation will thereby be inhibited; or

(f) If the inmate remains in the CRC placement, a medical or psychological problem of the inmate would go untreated.

(6) When an inmate is placed in TLU, the person who makes the placement shall state the reasons on the appropriate form and shall include the facts upon which the decision is based. The inmate shall be given a copy of the form. Upon review, the supervisory staff person shall indicate on the form approval or disapproval of TLU.

(7) TLU for CRC inmates may be at any state correctional institution, a county jail or any other facility designated by the department for holding CRC inmates in TLU status. If 1983 Wis. Act 528 does not apply to the inmate, he or she shall continue to earn extra good time credit. The inmate may be required to wear mechanical restraints, as defined in s. DOC 306.09 (1), while outside the cell.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.15 Inmate funds {#sec-doc-327.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.15}

(1) An inmate in a CRC placement is not eligible for compensation under s. DOC 309.55.

(2) The inmate shall sign an agreement acknowledging the department’s authority to collect all funds earned and compensation received by the inmate while in a CRC placement and to disburse those funds in accordance with this section. Refusal to sign shall make an inmate ineligible for participation.

(3) The CRC business manager or a financial institution designated to handle CRC inmate accounts shall establish a separate CRC account for each inmate and make disbursements in accordance with this section. All paychecks from CRC work assignments and other funds received for inmates shall be sent to the CRC business manager or a financial institution designated to handle CRC inmate accounts.

(4) Upon an inmate’s placement in CRC, funds in an inmate’s general account shall be transferred to his or her CRC account.

(5) The CRC business manager or the designated financial institution shall disburse money received while an inmate is in a CRC placement in the following order:

(a) Payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats., and s. DOC 309.465;

(b) Unless waived by the superintendent, a reasonable electronic monitoring fee as determined by the department; and

(6) Prior to disbursing funds under sub. (5) (c), the business manager or designated financial institution may disburse money from the inmate’s CRC account to pay, either in full or proportionately, the inmate’s obligations that have been acknowledged by the inmate in writing or that have been reduced to judgment.

(7) Income earned by or received for the benefit of an inmate while in a CRC placement is not subject to release account deductions under s. DOC 309.466.

(8) After approval for a CRC placement, an inmate may receive a single disbursement from his or her release account under s. DOC 309.466 for initial expenses such as security deposits, clothing, fees, tuition and books, if approved by the superintendent.

(9) Upon termination of a CRC placement, funds in an inmate’s CRC account shall be deposited in the inmate’s general account after disbursements under sub. (5) (b) are made.

(10) Before releasing an inmate to field supervision from a CRC placement, the CRC business manager shall inform the parole agent of the balance in the inmate’s CRC account. The agent shall instruct the business manager as to where the funds shall be transferred. Following release, the former inmate may use funds formerly held in the CRC account with the approval of the agent.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.16 Resources for CRC inmates {#sec-doc-327.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.16}

(1) Disclaimer. The department does not assume responsibility for the condition or safety of any CRC residence, including the inmate’s food and property at the residence, or for the safety of others or their property at a CRC residence.

(2) Access to legal materials. Inmates with documented legal needs shall be permitted to do legal research at local law libraries. If local law libraries are not available, efforts shall be made to accommodate reasonable requests of inmates for legal materials by borrowing copies of requested materials from the criminal justice reference and information center at the university of Wisconsin law school or from correctional institution law libraries. CRC staff shall inform inmates how legal materials may be obtained. An inmate, at his or her request, may be transferred from a CRC placement to an institution with a law library if the inmate requires access to a library and materials made available pursuant to this subsection are inadequate.

(3) Medical care.

(a) All medical care for inmates shall be authorized by the superintendent upon recommendation of correctional health services staff in accordance with this subsection.

(b) Inmates with private health insurance may use any medical personnel and facilities covered by their policy with prior approval of the superintendent and correctional health services staff.

(c) Inmates without private health insurance may be required to use department facilities for ordinary medical and dental care.

(d) For emergency medical care, an inmate shall use a facility in the area approved by the department for emergency medical care. All emergency medical care requires the superintendent’s prior authorization unless this is not possible because of the nature and time limitation of the emergency.

(e) An inmate requiring hospitalization for nonemergency medical care shall use a facility in the area approved by the department for hospitalization of CRC inmates. All nonemergency hospitalizations require the prior approval of the superintendent and correctional health services staff.

(f) An inmate’s serious medical care need may be cause for termination of a CRC placement under s. DOC 327.10 and transfer to a state facility for treatment.

(4) Religious services. With the approval of the superintendent, inmates motivated by religious beliefs shall be given reasonable opportunities to attend religious services.

(5) Leisure time activities.

(a) In this subsection, “leisure time activities” mean activities outside the inmate’s residence other than those required for job, school or treatment programs and include, but are not limited to, attending religious services, access to law libraries, exercise and recreational activities.

(b) After 30 days of being in a CRC placement, an inmate shall be permitted to participate in leisure time activities for at least 4 hours per week. The 30 day waiting period may be waived by the superintendent.

(c) A request to participate in a leisure time activity shall be made by an inmate in writing to the appropriate CRC staff member. All leisure time activities shall have prior approval by the appropriate CRC staff member and shall be included in the inmate’s schedule.

(d) An inmate may lose the privilege of participating in leisure time activities through the disciplinary process under s. DOC 327.13.

(6) Property.

(a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and any special conditions imposed on an inmate’s CRC placement.

(b) An inmate’s property shall be signed out to him or her at the sending correctional institution prior to placement in CRC. The department is not responsible for an inmate’s property after that point.

Property which is prohibited by state, federal or local law or this chapter;
Alcohol beverages as defined in s. 125.02 (1), Stats., or a controlled substance as defined in s. 961.01 (4), Stats.;
Any item designed exclusively to be used as a weapon or to be used in the manufacture of a weapon;
Intoxicant paraphernalia under s. DOC 303.44; and
Obscene material, as defined in s. DOC 309.05 (6) (c) 8.

Note: Obscene material is not defined in ch. DOC 309. However, “pornography” is defined in s. DOC 309.02 (16).

Property which is prohibited by an inmate’s special conditions of CRC placement.

(d) Items not permitted under this section or under an inmate’s special conditions of CRC placement are contraband. They may be seized in accordance with s. DOC 303.09. An inmate may be subject to discipline for possessing contraband.

(7) Inmate contacts.

(a) Special conditions may be placed on an inmate’s contacts while in a CRC placement, including mail, visits and telephone, if it is warranted by the rehabilitation of the inmate or the protection of the public.

(b) An inmate shall inform the superintendent of any contact with the news media.

Note: Visits between related inmates are no longer permitted under ch. DOC 309.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (6) (c) 2., made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 11-022: am. (6) (c) 4., (d) Register September 2014 No. 705, eff. 1-1-15.

Wis. Admin. Code § DOC 327.17 Use of force {#sec-doc-327.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.17}

The use of force on inmates in CRC placements shall comply with s. DOC 306.07, modified as follows:

(1) In addition to the conditions for use of non-deadly force under s. DOC 306.07 (2), non-deadly force may be used by correctional staff against a CRC inmate if the user of force reasonably believes it is necessary to prevent the inmate from fleeing the control of the correctional staff member;

(2) Deadly force may not be used by CRC staff against a CRC inmate except to prevent death or great bodily injury to oneself or another; and

(3) If the CRC inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 327.18 Mechanical restraints {#sec-doc-327.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.18}

(1) This section regulates the use of mechanical restraints on inmates in CRC placements.

(2) Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints.

(3) Mechanical restraints may be used only in the following circumstances:

(a) To protect staff or others from a CRC inmate who poses an immediate risk of flight or physical injury to others unless restrained;

(b) To protect a CRC inmate who poses an immediate threat of physical injury to himself or herself unless restrained;

(d) To transport a CRC inmate.

(4) Mechanical restraints may not be used:

(a) As a method of punishment;

(b) About the head or neck of an inmate;

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate; or

(d) To restrain an inmate to a moving vehicle.

(5) A staff member shall observe a CRC inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

(6) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

(7) Except when restraints are used to take a CRC inmate into custody or to transport an inmate, a record shall be kept of each time the inmate is placed in restraints. The record shall include:

(a) The inmate’s full name, number, and the date and time the inmate was placed in restraints;

(b) The name of the staff member who placed the inmate in restraints;

(d) A statement indicating when and under what circumstances the restraints were removed.

(8) CRC staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

(9) If the CRC inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.19 Chemical agents and firearms {#sec-doc-327.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.19}

(1) Chemical agents may not be used by CRC staff against CRC inmates.

(2) CRC staff may not carry firearms or other weapons during their working hours.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.20 Escapes {#sec-doc-327.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.20}

(1) Plan. The superintendent shall have a written plan to be implemented if an escape occurs from a CRC placement. The plan shall be developed by the superintendent who shall review and update it annually. A copy of the plan shall be filed with the administrator. The plan shall provide for the following:

(a) If CRC staff believe that an inmate may have escaped because the inmate has left an assigned area, the inmate does not return to the CRC residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or because CRC staff have received other relevant information, CRC staff shall attempt to contact the inmate.

(b) If CRC staff believe the inmate has escaped or if an inmate is 4 or more hours late returning to the CRC residence without authorization from appropriate CRC staff, CRC staff shall place an apprehension request on the inmate;

(c) After an apprehension request has been placed on an inmate, the escape shall be reported orally and in writing to the superintendent and the administrator;

(d) The escape shall be reported to law enforcement officials; and

(e) The administrator and law enforcement agencies shall be notified by CRC staff when an inmate who has escaped is apprehended.

(2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known:

(a) The method of escape;

(b) Who was involved in the escape;

(d) Action taken by the institution;

(e) A brief evaluation of the factors which may have contributed to the escape; and

(f) The identification of persons who may have information about the escape.

(3) Order to duty. In the event of an escape, the superintendent may order any off-duty staff member to work.

(4) Authority of hostage. If a correctional staff member, including the superintendent, is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by correctional staff. Any orders issued by a hostage shall be disregarded by the correctional staff.

(5) Pursuit. The pursuit of escapees shall be done under the supervision of local law enforcement authorities. Until local law enforcement authorities are able to supervise a pursuit, it shall be supervised by the superintendent. Correctional staff and law enforcement officers may take a CRC inmate into custody from his or her CRC residence.

(6) Use of private cars in pursuit. The superintendent may authorize CRC staff members to use their own cars to pursue escapees if state-owned cars are unavailable.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.21 Search of CRC residence {#sec-doc-327.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.21}

(1) A search of a CRC inmate’s residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate’s control, may be made at any time by any correctional staff member. There is no requirement that there be evidence that contraband is concealed in the residence before a search is conducted.

(2) Before the search occurs, it shall be approved by a CRC supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.

(3) There shall be a written record of all searches conducted under sub. (1). This record shall be prepared by the CRC supervisor or the staff member who conducted the search. The report shall state:

(a) The identity of the staff member who conducted the search and the supervisor who approved it;

(b) The date and time of the search;

(d) The reason for conducting the search. If the search was a random one, the report shall state that fact;

(e) Any objects which were seized pursuant to the search; and

(f) Whether any damage was done to the premises during the search.

(4) If any objects were seized or property damaged during the search of an inmate’s residence or property, the inmate shall be informed in writing. The inmate shall be reimbursed for damage to any property which is not contraband. Property which is damaged shall be valued at its fair market value, not the cost to replace it.

(5) In conducting a search, correctional staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

(6) Staff shall not read legal materials belonging to the inmate during a search.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.22 Search of CRC inmate {#sec-doc-327.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.22}

(1) Searches of inmates approved for CRC placements shall comply with s. DOC 306.16, modified as follows:

(a) In addition to the reasons for a personal search of an inmate listed under s. DOC 306.16 (2), a personal search of an inmate in a CRC placement may be conducted by any correctional staff member before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

(b) In addition to the reasons for a strip search of an inmate listed under s. DOC 306.16 (3), a strip search may be conducted before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

(c) In addition to the reasons for a body contents search listed under s. DOC 306.16 (5), a body contents search may be conducted:

Immediately before transfer to the CRC placement;
Upon arrival at the CRC placement;
If an inmate is found to possess intoxicating substances or intoxicating substances are detected or found in the inmate’s residence or in an area controlled, occupied or inhabited by the inmate;
As part of a random testing program of all CRC inmates. Selection of inmates for random testing may not be done for the purpose of harassing or intimidating inmates; or
Periodically, if an inmate has a history of alcohol or other drug abuse.

(2) If the CRC inmate is held in a correctional institution, the search rules under ss. DOC 306.13, 306.14, 306.15 and 306.16 apply.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.23 Search of staff {#sec-doc-327.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.23}

Section DOC 306.18 regulates the search of CRC staff except that a search is authorized before and after a staff member has contact with a CRC inmate or if there are reasonable grounds to believe the staff member is concealing an unauthorized object.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.24 Use of test results and contraband as evidence at disciplinary hearings {#sec-doc-327.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.24}

(1) Contraband seized during a search which is done in violation of this chapter may be used as evidence at a disciplinary hearing conducted pursuant to s. DOC 327.13.

(2) Results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances may be used as evidence at a disciplinary hearing conducted pursuant to s. DOC 327.13.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.25 Emergencies {#sec-doc-327.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.25}

(1) An emergency is an immediate threat to the safety of CRC staff, inmates or the public. An emergency may include, but is not limited to:

(a) Failure of the CRC inmate’s electronic surveillance equipment;

(b) Malfunctioning of the CRC inmate’s telephone system; or

(2) The superintendent shall have a written plan to be implemented in the event of an emergency that complies with the requirements of s. DOC 306.23 (2) and (3).

(3) If an emergency occurs that prevents the normal functioning of CRC, the superintendent may suspend those sections of this chapter or other administrative rules to which this chapter refers that specifically relate to the emergency until the emergency is ended.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90.

Wis. Admin. Code § DOC 327.26 Other rules that apply to CRC placements {#sec-doc-327.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 327.26}

The following chapters apply to inmates in community residential confinement placements:

(1) Chapter PAC 1 on parole;

(2) Chapter DOC 310 on complaint procedures in adult correctional institutions, modified as follows:

(a) Under s. DOC 310.06 (3), the complaint shall be considered denied and may be appealed if the superintendent does not send his or her decision to the complainant within 23 calendar days after the ICI’s receipt of the complaint; and

(b) Under s. DOC 310.03 (15), the superintendent may designate a CRC staff member to function as ICI in addition to other duties. Complaint investigation does not have to be the primary responsibility of this person;

(3) Chapter DOC 314 on mental health treatment for inmates;

(4) Chapter DOC 325 on temporary release under supervision; and

(5) Chapter DOC 326 on leave for qualified inmates.

History

Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462; CR 16-054: am. (2) (a), (b), Register March 2018 No. 747 eff. 4-1-18.

Chapter DOC 328 COMMUNITY SUPERVISION OF OFFENDERS

Subchapter I General Provisions

Wis. Admin. Code § DOC 328.01 Purpose {#sec-doc-328.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.01}

The purpose of this chapter is to provide rules, services, and programs for offenders who are under supervision of the department. All of the following specific goals and objectives assist the department in fulfilling this purpose:

(1) To supervise offenders to the extent necessary to meet public, victim, staff, and offender safety responsibilities.

(2) To assist in providing opportunities to achieve the critical success factors of residence, employment, appropriate treatment, and general stability in the living situation.

(3) To assist in providing access to community-based programs for offenders on community supervision.

(4) To establish necessary guidelines, procedures, and controls to maintain program, staff, and fiscal accountability and to promote program efficiency and effectiveness.

(5) To cooperate with other agencies and communities in activities for the purpose of prevention of crime and victimization.

(6) To protect the health, rights, and dignity of all offenders involved in the department’s programs and activities.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.02 Applicability {#sec-doc-328.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.02}

This chapter applies to the department and to offenders under the division’s custody and supervision for correctional purposes. It implements ss. 165.76, 301.001, 301.03, 301.068 (5), 301.08, 301.45, 301.46, 302.11, 302.113, 302.114, 302.14, 302.19, 302.31, 302.335, 304.06 (3), 304.072, 304.074, 304.12, 304.13, 304.135, 304.137, 304.14, 939.615, 941.29, 961.47, 971.17, 972.15, 973.01, 973.04, 973.06, 973.07, 973.08, 973.09, 973.10, 973.125, and 973.20, Stats., and chs. 950 and 980, Stats.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735; CR 25-033: am. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § DOC 328.03 Definitions {#sec-doc-328.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.03}

In this chapter:

(1) “Abscond” means the failure of an offender to make himself or herself available as directed by the agent.

(2) “Administrator” means the administrator of the division or designee.

(3) “Advocate” means a person who assists in the presentation of the offender’s position, is independent, and able to act in an offender’s best interest. The advocate may not be a person in the custody or under the supervision of the department or an employee of the department.

(4) “Agent” means an employee of the division who may be assigned the responsibilities under this chapter.

(5) “Alternative to revocation” means placement in a program or imposition of a sanction in lieu of revocation.

(6) “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.

(7) “Body contents search” means a search in which the offender is required to provide a biological specimen, including but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material.

(8) “Collateral” means any person who has contact with or information about an offender.

(9) “Commitment term” or “term” means that period of time during which the offender is subject to the control and supervision of the department.

(10) “Community supervision” or “supervision” means the control and management of offenders on probation, parole, extended supervision, or other statuses as authorized by court order or statute.

(11) “Conditions” means specific regulations imposed on the offender by the court or earned release review commission.

(12) “Contacts” means communications between an agent and an offender or collateral.

(13) “Contraband” means any of the following:

(a) Any item which the offender may not possess under the rules or conditions of the offender’s custody or supervision.

(b) Any item whose possession is forbidden by law.

(14) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

(15) “Department” means the department of corrections.

(16) “Discharge” means the completion of the term of supervision by an offender.

(17) “Division” means the division of community corrections.

(18) “Extended supervision” means that portion of a bifurcated sentence that is ordered to be served on community supervision as provided in s. 973.01, Stats.

(19) “Extension” means the continuation by the sentencing court of supervision beyond the current discharge date.

(20) “Financial resources” of an offender means any income or assets from any source under the offender’s sole or joint control.

(21) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical or physical power or strength.

(22) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(23) “Hearing examiner” means a person appointed to preside over a hearing to determine whether the department may impose a condition of supervision requiring compliance with prescribed psychotropic medication. The hearing examiner may not currently be involved in the offender’s treatment, diagnosis, or supervision, or the direct supervisor of the agent or psychiatrist treating the offender.

(24) “Incapacitating agent” means any product or device commercially manufactured for the purpose of temporary control of an offender.

(25) “Interstate compact” means an agreement between Wisconsin and another state in the United States or territory of the United States, which provides the means for community supervision of offenders between states as authorized under ss. 304.13, 304.135, 304.14, and 304.16, Stats.

(26) “Intoxicating substance” means anything which if taken into the body may alter or impair normal mental or physical functions.

(27) “Non-deadly force” means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.

(28) “Offender” means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.

(29) “Pat-down” means a frisk of the offender’s body outside the clothing.

(30) “Personal search” means a search of an offender’s person, including but not limited to the offender’s pockets, an examination of the offender’s shoes, hat, and other clothing, and a visual inspection inside the offender’s mouth.

(31) “Region” means a subunit of the division.

(32) “Regional chief” means an employee or designee of the division responsible for the administration of a region.

(33) “Reporting” means a contact between an agent and offender determined by the rules or conditions of supervision.

(34) “Revocation” means the removal of an offender from community supervision in accordance with chs. DOC 331 and HA 2.

(35) “Rules” means departmental regulations applicable to a specific offender under supervision.

(36) “School” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats.

(37) “Secretary” means the secretary of the department or designee.

(38) “Supervision fees” means financial obligations imposed on offenders pursuant to s. 304.074, Stats.

(39) “Supervisor” means an employee of the division responsible for the oversight and management of staff involved in direct supervision of offenders.

(40) “Tolled time” means the period of time between the date of an offender’s violation and the date the offender’s supervision is reinstated or revoked.

(41) “Waiver” means the written relinquishment of known rights by an offender.

(42) “Working day” means each day, except Saturday, Sunday, and holidays designated in s. 230.35 (4) (a), Stats.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; correction in (38) made under s. 13.92 (4) (b) 7., Register June 2013 No. 690.

Subchapter II Offender under Supervision

Wis. Admin. Code § DOC 328.04 Community supervision {#sec-doc-328.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.04}

(1) Division employees are to provide individualized supervision of offenders in a manner consistent with the goals and objectives of this chapter.

(2) When an offender is placed on supervision, an agent’s duties shall include all of the following:

(a) Obtain information necessary for appropriate supervision of the offender.

(b) Evaluate the offender’s needs and risk to re-offend.

(d) Establish rules and explain and provide the offender with a copy of the rules and conditions.

(e) Inform the offender of the possible consequences of not abiding by the rules and conditions.

(f) Cooperate with and assist the district attorney who is responsible for determining restitution.

(g) Inform the offender of the administrative review process under s. DOC 328.12.

(h) Inform the offender of applicable state and local law enforcement registration requirements.

(i) Monitor the offender’s compliance with the conditions and rules including through the use of monitoring and tracking technology at the discretion of the department.

(j) Maintain complete and accurate case records for each offender.

(k) Supervise persons committed under s. 971.17, Stats., and ch. 980, Stats., in accordance with the agreement between the department and the department of health services.

(L) Report suspected child abuse cases to the appropriate authorities.

(m) Report to a supervisor as directed on the status of the offender.

(n) Report all violations of the criminal law by the offender to a supervisor and if appropriate, to law enforcement.

(o) Conduct investigations and prepare institution release plans in accordance with s. DOC 328.05.

(p) Collect restitution and other court ordered financial obligations, and fees as authorized by statute.

(q) Inform the offender of the process to petition for termination of lifetime supervision under s. 939.615 (6), Stats., if applicable.

(3) Standard rules require that the offender shall comply with all of the following:

(a) Avoid all conduct which is in violation of federal or state statute, municipal or county ordinances, or tribal law.

(b) Avoid all conduct which is not in the best interest of the public welfare or the offender’s rehabilitation.

(d) Participate in and comply with the requirements of programming recommended by the department.

(e) Inform the agent of whereabouts and activities as directed.

(f) Submit a written offender report and any other relevant information as may be required.

(g) Submit to searches ordered by the agent under s. DOC 328.22.

(h) Obtain permission from an agent prior to changing residence or employment. In the case of an emergency, notify the agent of the change within 72 hours.

(i) Obtain permission and a travel permit from an agent before leaving the state.

(L) Pay court ordered financial obligations and other fees as required.

(m) Obtain permission from an agent prior to purchasing, possessing, owning or carrying a firearm or other weapon, including incapacitating agents. An offender may not be granted permission to possess a firearm if prohibited under federal or state law.

(n) Shall not vote in any federal, state, county, municipal, or school board election held in Wisconsin while on supervision for a felony conviction.

(o) Abide by all rules of any detention or correctional facility.

(p) Provide true and correct information verbally and in writing as required by the department.

(q) Report to an agent as directed.

(r) Submit a biological specimen for testing when ordered by a court or under s. 165.76, Stats.

(s) Comply with any additional rules that may be established by an agent. The rules may be modified at any time as appropriate.

(4)

(a) In this subsection:

“Administrative supervision” means the supervision of a probationer, parolee or person on extended supervision in which the department requires that a minimum of one face-to-face contact occur every 6 months between the probationer, parolee or person on extended supervision and a representative of the department and that the probationer or parolee submit a monthly report to the department.
“Minimum supervision” means supervision of a probationer, parolee or person on extended supervision in which the department requires that a minimum of one face-to-face contact occur every 90 days between the probationer or parolee and a representative of the department and that the probationer, parolee or person on extended supervision submit a monthly report to the department.

(b) The department may contract with public, private, or voluntary vendors for the supervision or for any component of the supervision of probationers, parolees, and persons on extended supervision who are under minimum supervision or administrative supervision.

(5)

(a) Except as provided in par. (b), for contracts made under sub. (4), a vendor is authorized to charge a fee to probationers, parolees, and persons on extended supervision to cover the cost of supervision and administration of the contract.

The cost of the fee must not exceed the set maximum monthly amount as outlined in s. DOC 328.07 (2).
The vendor may collect the established fee amount per month from probationers, parolees, and persons on extended supervision in the form of cash, check, or card per an agreed payment plan with the offender.
The vendor shall record all supervision fees paid by a probationer, parolee or person on extended supervision and shall provide the probationer, parolee, or person on extended supervision and the department access to a copy of the record payments to verify the receipt of payment monthly.

(b) For contracts made under sub. (4), a vendor may not charge a fee to a probationer, parolee, or person on extended supervision if the probationer, parolee or person on extended supervision demonstrates that they are unable to pay the fee because of any of the following:

The probationer, parolee, or person on extended supervision is undergoing treatment approved by the department and is unable to work.
The probationer, parolee, or person on extended supervision has a statement from a physician certifying to the department that the probationer, parolee, or person on extended supervision should be excused from working for medical reasons.

(6) For contracts made under s. 301.08 (2) (em), Stats., if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the contract shall allow the provider to retain from the surplus up to 5 percent of the revenue received under the contract.

(7) The department shall review the rate-based service contracts under s. 301.08 (2) (em), Stats., on an annual basis to determine whether the contract complies with the provisions of s. 301.08 (2) (em), Stats.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (2) (i) Register October 2019 No. 766, eff. 11-1-19; CR 21-104: r. and recr. (3) (d), r. (3) (j), (k) Register May 2024 No. 821, eff. 6-1-24; CR 25-033: cr. (4) to (7) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § DOC 328.05 Institution release planning {#sec-doc-328.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.05}

After the inmate and institution staff have prepared a proposed release plan, the agent shall investigate the plan, comment as to its appropriateness, and suggest modifications if necessary. The plan must address any court-ordered conditions or conditions of release.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.06 Notice to law enforcement of inmate release to supervision {#sec-doc-328.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.06}

Before releasing an inmate to supervision, the department shall notify the municipal police department and the county sheriff in the area where the individual will reside.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.07 Supervision fees {#sec-doc-328.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.07}

(1) Supervision fee. An offender shall pay a supervision fee.

(2) Establishment of fee. The department shall charge a fee not to exceed $60 per month to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services.

(3) Agent action. The assigned agent shall do all of the following:

(a) Establish the offender’s supervision fee or exemption.

(b) Provide the offender with a copy of the fee schedule.

(4) Reporting and verification of supervision fee. The department shall do all of the following:

(a) Record all supervision fees paid by the offender.

(b) Provide the offender access to a copy of the record of payments to verify receipt of payment.

(5) Refunds of supervision fees. The department shall refund supervision fees only when the offender has paid in advance for a month that the offender was not under supervision.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § DOC 328.08 Financial obligations {#sec-doc-328.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.08}

When an offender is required to pay restitution or other financial obligations pursuant to state statute or court order, the following procedures apply:

(1) Acceptance and disbursement of payment. The department may at any time accept a payment from or on behalf of an offender, which is made pursuant to state statute or court order. The department shall transmit the payment to the department cashier for deposit in the offender’s account. The cashier shall disburse funds from the account in accordance with the court order or state statute.

(2) Unpaid financial obligations.

(a) For offenders who have not paid court ordered obligations, the department will provide notification to the sentencing court, district attorney, and victim at least 90 days prior to discharge.

(b) If the department determines that the offender has made a good faith effort to pay ordered obligations, the department shall recommend the court order the restitution due be entered as a civil judgment in favor of the victims.

(c) When the department determines that an offender who is on probation has not made a good faith effort to pay the ordered obligations, the department may recommend that the court extend the term of probation and modify any condition or recommend that the court enter a civil judgment in favor of the victims. The department shall inform the offender of his or her rights to a hearing and waiver under s. DOC 328.09 (2) and (3).

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.09 Extension of probation {#sec-doc-328.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.09}

(1) Department recommendation. The department may recommend that a court extend the probation period under s. 973.09 (3) (a), Stats.

(2) Hearing. If the department recommends extension of an offender’s probation, the department shall notify the offender of the recommendation and the right to a court hearing.

(3) Waiver. An offender may knowingly and voluntarily waive the hearing in writing. The waiver shall state that:

(a) The offender has read the notice, or has had it communicated to him or her, and understands the notice under this section.

(b) The offender acknowledges that there is good cause for the extension.

(d) The offender was notified of the right to consult with an attorney before signing the waiver.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.10 Funds and property {#sec-doc-328.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.10}

(1) Disclosure of financial information. An agent may require the offender to disclose all financial information, including tax returns, financial institution account statements, and wage information, to assist in the management of the offender’s financial resources.

(2) Monitoring of offender financial obligations. Receipting, remitting, and auditing of offender financial obligations shall be done in a manner consistent with department policies.

(3) Voluntary wage assignment. An agent may initiate a voluntary wage assignment against an offender’s wages in order to assure collection of court ordered financial obligations and other fees. If married, the offender’s spouse must also consent to the wage assignment.

(5) Offender property. Agents shall not receive or store any property for an offender except as provided under s. DOC 328.23.

(6) Management of offender’s financial resources.

(a) An agent may assist in the management and disbursement of the financial resources of an offender if one of the following factors applies:

The offender requests assistance.
The agent believes that management is necessary to control the offender’s funds.
The agent believes that management is necessary to ensure compliance with the offender’s existing restitution orders, and other financial obligations, including payment of supervision or monitoring fees under ss. DOC 328.07, 332.18, 332.19, and 332.20.

(b) When an agent manages funds under this section, the agent shall document all actions under this section as required by the department, including the reason the offender’s money is being managed.

(c) Management of the funds may be done only through a bank account in the offender’s name. All financial resources of an offender managed by an agent shall be deposited directly into the offender’s account upon receipt.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. (4) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § DOC 328.11 Purchase of goods and services {#sec-doc-328.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.11}

(1) If an offender requires assistance or materials that cannot reasonably be provided through any other available resource, the department may provide assistance in accordance with s. 301.08, Stats. The department shall approve the expenditure for the assistance before services may be provided.

(2) The department shall require any vendors contracted for community-based residential facilities that are licensed under ch. DHS 83 to comply with the federal prison rape elimination act of 2003.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § DOC 328.12 Offender administrative review process {#sec-doc-328.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.12}

(1) Purpose. The department shall provide offenders an opportunity for administrative review of certain decisions by allowing offenders to raise concerns regarding their supervision in an orderly manner.

(2) Scope. An offender may request administrative review to challenge any department decision affecting an offender except a decision concerning:

(a) Revocation.

(b) Custody and detention.

(d) Special conditions or terms of supervision imposed by a court or the parole commission.

(e) Decisions regarding early discharge from the term of supervision.

(3) Request for administrative review.

(a) Prior to initiating a request for administrative review, the offender shall attempt to resolve the concern with the agent.

(b) If the concern is not resolved under par. (a), the offender may file within a reasonable time a written request for administrative review to the agent’s supervisor. The request and subsequent reviews shall be filed utilizing the department’s forms.

(c) The offender may request within a reasonable time a review of the supervisor’s decision by the regional chief. If the concern is not resolved, the offender may request within a reasonable time a final review by the administrator.

(4) Effect of review of disputed decision. During the administrative review process, the affected parties shall comply with the decision under dispute.

(5) Expedited review. The department may expedite the review process under this section if the concern raised is time sensitive.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.13 Temporary travel {#sec-doc-328.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.13}

(1) The department may authorize temporary out-of-state travel when it is consistent with the purpose and goals of the offender’s supervision, applicable interstate compact provisions, and applicable civil commitment provisions. An offender may travel out of the state of Wisconsin only if he or she has submitted a written request and has received written authorization prior to the requested travel. The division may grant prior authorization for travel out of the state of Wisconsin as follows:

(a) Agent approval is required for travel not to exceed 15 days.

(b) Supervisory approval is required for travel exceeding 15 days.

(2) An authorization for temporary out of state travel shall specify that the offender is responsible for all of the following:

(a) The costs incurred by the travel.

(b) Reporting as required.

(d) Waiving extradition.

(e) Carrying a travel permit.

(3) Offenders shall be allowed to travel to foreign countries only as follows:

(a) As authorized by the sentencing court.

(b) Upon verification of official military orders from the US Armed Forces or National Guard.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.14 Interstate transfer {#sec-doc-328.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.14}

(1) If the department determines that transfer to another jurisdiction is in the best interests of an offender and consistent with the goals of this chapter, an interstate transfer may be initiated upon payment of an application fee authorized under s. 20.410 (1) (gn), Stats. The fee shall not exceed $150 per application.

(2) An offender from another state, who has requested supervision and is present in Wisconsin prior to formal acceptance, is subject to the provisions of this chapter.

(3) An offender subject to supervision in another state will be accepted for supervision in Wisconsin if one of the following applies:

(a) The offender meets the criteria established by the applicable interstate compact.

(b) The department consents.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (1) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § DOC 328.15 Voluntary return to a correctional facility {#sec-doc-328.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.15}

(1) An offender may request a voluntary return to a correctional facility for a period not to exceed one year.

(2) The request shall be in writing in a format prescribed by the department.

(3) The division shall inform the offender of all of the following:

(a) Upon return to the institution, the offender shall remain incarcerated until the agreed release date unless the department determines earlier release is appropriate.

(b) Offenders who were convicted prior to December 30, 1999, must waive parole consideration, good time, and entitlement to mandatory release.

(c) The department’s rules applicable to inmates in correctional facilities shall apply to the offender during the period of incarceration.

(4) Upon approval of the request by the regional chief, the division shall forward the request to the administrator of the division of adult institutions for a decision.

(5) During the period of incarceration the agent shall maintain contact with the offender and facilitate a release plan.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.16 Discharge {#sec-doc-328.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.16}

(1) Offenders shall be informed of the individualized objectives and conditions of supervision required for discharge.

(2) When supervision has expired, the department shall do all of the following:

(a) For a felon, issue a certificate of discharge or a certificate of final discharge if the offender has discharged from all felony cases. A certificate of final discharge under this subdivision shall list the civil rights that have been restored to the offender and the civil rights that have not been restored to the offender.

(b) For a misdemeanant, notify the offender that his or her period of supervision has expired.

(c) For a probationer, the department shall notify the sentencing court that the period of probation supervision has expired.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.17 Early discharge {#sec-doc-328.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.17}

(1) Offenders may be eligible for discharge as provided by s. 973.09 (3) (d), Stats.

(1m) The department may grant a parolee early discharge when there is a reasonable probability that supervision is no longer necessary for the rehabilitation and treatment of the offender and for the protection of the public. The offender must have reached his or her mandatory release date or have been under supervision for two years under s. 302.11 (6), Stats.

(2) Offenders are eligible for discharge by the governor as provided by s. 973.013 (2), Stats.

(3) The department may not discharge an offender on lifetime supervision under s. 939.615, Stats.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. (1), cr. (1m), am. (2), r. (4) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § DOC 328.18 Use of force {#sec-doc-328.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.18}

Whenever feasible, staff shall rely on law enforcement authorities to exercise force against offenders. When such assistance is not available, staff may use force subject to this section.

(1) Non-deadly force may be used by staff against offenders only if the user of force reasonably believes it is immediately necessary to realize one of the following objectives:

(a) To prevent death or bodily harm to oneself or another.

(b) To prevent unlawful damage to property, including damage that may result in death or bodily harm to oneself or another.

(d) To change the location of an offender.

(2) Staff may use deadly force only to prevent death or great bodily injury to oneself or another.

(3) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.

(4) The use of excessive force is forbidden. Only as much force may be used as is reasonably necessary to achieve the objective.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.19 Mechanical restraints {#sec-doc-328.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.19}

(1) An employee may use mechanical restraints authorized by the department to restrain an offender only in accordance with the following:

(a) To protect staff or others from an offender who poses an immediate risk of flight or physical injury to others.

(b) To protect an offender who poses an immediate threat of physical injury to self.

(d) To transport an offender while in custody.

(2) Mechanical restraints may not be used under any of the following circumstances:

(a) As a method of punishment.

(b) In a manner that intentionally causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the offender.

(3) Staff shall monitor an offender in restraints at regular intervals until the restraints are removed or custody of the offender is transferred.

(4) Offenders should be released from restraints to perform bodily functions and for meals when the removal does not jeopardize safety and security.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.20 Incapacitating agents {#sec-doc-328.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.20}

An employee may possess and use only those incapacitating agents and delivery systems approved by the department.

(1) Authorized use of incapacitating agents. An employee who is on duty may possess or use incapacitating agents only under the following conditions:

(a) After successfully completing a department approved training program for use of incapacitating agents.

(b) While acting in self-defense or defense of a third person.

(2) Contamination response. An employee using incapacitating agents shall provide an exposed person an opportunity for necessary medical attention.

(3) Documentation. The employee using incapacitating agents shall document its use according to department policy and procedure.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.21 Firearms or other weapons {#sec-doc-328.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.21}

No employee of the division may possess or use a firearm or other weapons while on duty, except as permitted under s. DOC 328.23.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.22 Search and seizure; pat-down {#sec-doc-328.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.22}

(1) General policy. A search of an offender, the offender’s living quarters or property, or seizure of the offender’s body contents may be made at any time, but only in accordance with this section. Strip searches or body cavity searches are prohibited. For purposes of this section, the mouth is not a body cavity.

(2) Justification. A search or seizure is appropriate and consistent with the goals and objectives of supervision under any of the following circumstances:

(a) When an employee has reasonable grounds to believe the offender possesses contraband or evidence of a rule violation on or within his or her person or property.

(b) With the consent of the offender, when a search or seizure is necessary to verify compliance with the rules.

(3) Reasonable grounds. In deciding whether there are reasonable grounds to believe that an offender has used, possesses or is under the influence of an intoxicating substance, that an offender possesses contraband, or that an offender’s living quarters or property contain contraband or evidence of a rule violation, an employee may consider any of the following:

(a) The observations of employees.

(b) Information provided by informants. In evaluating the reliability of the information and the informant, the employee shall consider the following:

The detail, consistency, and corroboration of the information provided by the informant.
Whether the informant has provided reliable information in the past and whether the informant has reason to provide inaccurate information.

(d) Information provided by the offender.

(e) The experience of the employee with that offender or in a similar circumstance.

(f) Prior seizures of contraband from the offender.

(4) Informing the offender. Whenever possible before a search or seizure is conducted, an employee shall inform the offender of all of the following:

(a) A search or seizure is about to occur.

(b) The reason for the search or seizure.

(d) The place where the search or seizure is to occur.

(e) The consequences of not complying with the search or seizure.

(5) Pat down. A pat-down may be conducted at any time an employee has a reasonable concern that an offender may possess a weapon or other object which may be used as a weapon. After a pat-down, if the employee has reasonable grounds to believe that the offender may be in possession of a weapon or contraband, the employee may proceed with a personal search of the offender.

(6) Personal search.

(a) Any staff member may conduct a personal search of an offender.

(b) Every personal search shall be documented in the offender’s case record.

(7) Search of living quarters or property.

(a) An agent shall obtain supervisory approval prior to any search under this subsection.

(b) The employee who conducted the search shall complete a written report of every search of an offender’s living quarters or property. The report shall state all of the following:

The identity of the offender whose living quarters or property was searched.
The identity of any employee who conducted the search and any other persons present during the search.
The date, time, and place of the search.
The reason for conducting the search.
Any items seized pursuant to the search with documentation of chain of custody.
Whether any damage was done to the premises or property during the search.

(c) During searches an employee may read business records and personal mail of offenders. The employee may not read any privileged legal materials, including any communication between an offender and an attorney, or any materials prepared in anticipation of a lawsuit.

(d) An employee may not forcibly enter any property to conduct a search.

(8) Seizure of body contents.

(a) Only licensed or certified medical staff may take a blood or stool sample.

(b) When the agent or supervisor requires the collection of a urine specimen to be observed, an employee of the same sex as the offender shall observe and collect the urine specimen.

(d) A report of a test on a specimen of an offender’s urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material produced by the offender may be presented as evidence in a revocation hearing. The expert who made the findings need not be called as a witness in a hearing or proceeding under this chapter, ch. DOC 331, or ch. HA 2.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.23 Contraband {#sec-doc-328.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.23}

(1) Any employee who reasonably believes that an item in an offender’s possession is contraband may seize the item, whether or not the employee believes a violation of the offender’s rules or conditions of supervision has occurred. Any items seized must be documented with chain of custody.

(2) The supervisor shall dispose of seized contraband after all proceedings in which it may be required have been completed. Disposition shall be as follows:

(a) All confiscated currency, whose true owner cannot be determined, shall be placed in the general fund.

(b) Checks and other negotiable instruments shall be returned to the maker. If it is not possible to determine an address for the maker of the check, the check shall be destroyed.

(c) U.S. bonds and other securities shall be held in the department’s cashier’s office, and upon proof of ownership, the item shall be returned to the owner.

(d) Property items shall be returned at the offender’s expense to the owner if the owner is known unless the owner transferred the property in an unauthorized manner. Property items which an offender is not permitted to possess and which are not illegal may be transferred to another person at the offender’s expense. Property items of inherent value which were not returned to the owner shall be sold through the department’s purchasing officer and money received shall be placed in the general fund.

(e) Intoxicating substances, such as alcohol or controlled substances, shall be disposed of in accordance with division policy.

(f) Firearms not required for use as evidence shall be disposed of in accordance with s. 968.20, Stats.

(g) Any item originally assigned as property of the state shall be returned to service.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.24 Absconding {#sec-doc-328.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.24}

(1) If an offender absconds, an employee shall issue an apprehension request.

(2) If an offender committed under s. 961.47 (1), Stats., absconds and is not located within 90 days, an employee shall request that the committing court issue a capias ordering apprehension of the offender, vacating the order committing the offender to the custody of the department, or relieve the department of further responsibility for the offender. Following court action, the agent shall cancel the apprehension request.

(3) Once the offender is apprehended and becomes available, an employee shall conduct a violation investigation and make a determination regarding disposition. The employee shall also cancel the apprehension request.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.25 Tolled time {#sec-doc-328.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.25}

(1) The department may toll all or any part of the period of time between the date of the violation and the date of an order of revocation or reinstatement is entered, subject to sentence credit for time the offender spent in custody pursuant to s. 973.155 (1), Stats. If the offender is subsequently reinstated rather than revoked, time shall be tolled only if the reinstatement order concludes that the offender did in fact violate the rules or conditions of his or her supervision.

(2) A division of hearings and appeals administrative law judge or the secretary shall determine the amount of time to be tolled.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.26 Reinstatement {#sec-doc-328.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.26}

(1) The department may reinstate an offender upon the offender’s request and written admission of a violation of the rules or conditions of supervision sufficient to warrant revocation.

(2)

(a) The request under sub. (1) shall acknowledge both of the following:

The date of the violation.
The offender’s awareness that the period between the date of violation and the date of reinstatement or revocation may be tolled.

(b) An offender’s request for reinstatement and written admission shall be submitted to the regional chief to determine whether reinstatement is appropriate.

(c) A copy of the regional chief’s decision, including the reasons for it, shall be sent to the offender and the original returned to the agent.

(d) If the regional chief determines that reinstatement should not occur, the revocation process may be initiated in accordance with s. DOC 331.03.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.27 Custody and detention {#sec-doc-328.27 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.27}

Whenever feasible, an employee shall rely on law enforcement authorities to take an offender into custody. When law enforcement assistance is not available, the employee shall decide whether to disengage and issue an apprehension request or take the offender into custody in accordance with this section.

(1) Custody order. An agent shall order an offender into custody if the offender is alleged to have been involved in assaultive or dangerous conduct. A regional chief may permit exceptions to this subsection.

(2) Detention. An offender may be taken into custody and detained for one of the following purposes:

(a) For investigation of an alleged violation of a rule or condition of supervision.

(b) After an alleged violation to determine whether to commence revocation proceedings.

(d) To prevent a possible violation by the offender.

(e) Pending placement in a program as an alternative to revocation.

(3) Length of detention. An offender may be detained in accordance with one or more of the following:

(a) Except as provided in sub. (6) and (7), an agent may authorize the detention of an offender under sub. (1) or (2) for a maximum of 5 working days.

(b) A supervisor may approve additional detention for a maximum of 5 working days.

(d) The administrator may authorize detention beyond the foregoing time limits.

(e) An offender detained under sub. (2) (c) may be detained with supervisory approval for only a maximum of 5 working days.

(f) This subsection does not apply to detentions pending final revocation which are authorized by an agent’s immediate supervisor under s. DOC 331.05 (7) when a preliminary hearing is not held pursuant to s. DOC 331.05 (2).

(4) Custody decisions. Custody decisions during revocation proceedings shall be made in accordance with s. DOC 331.05 (7).

(5) Detention in a state correctional facility. The department may detain an offender on parole, extended supervision, or on felony probation with an imposed and stayed sentence in a state correctional institution including a probation and parole holding facility pending revocation proceedings.

(a) For placement of an offender in a state correctional facility other than a probation and parole holding facility, the regional chief shall make a detention request to the director of the bureau of offender classification and movement in the division of adult institutions. The request shall include both of the following:

Court case information that permits legal admission for detention under this subsection.
Reason for requested detention in a state correctional institution rather than a county facility.

(b) The director of the bureau of offender classification and movement shall review the request and determine whether admission for detention in a state correctional institution will be authorized.

(6) Custody of an offender on lifetime supervision. The department may take an offender on lifetime supervision into custody under sub. (1) or (2) (a) for as long as reasonably necessary to investigate a possible violation of a condition or regulation of lifetime supervision. The department may hold an offender in custody for a maximum of 72 hours following completion of the investigation in order to refer the offender to the appropriate prosecuting agency for commencement of prosecution under s. 939.615 (7), Stats.

(7) Short-term sanctions.

(a) The department may confine an offender on probation, parole, or extended supervision beyond the time limits provided under sub. (3) as a sanction when both of the following occur:

The offender admits to the violation in writing.
The regional chief or designee approves of the sanction.

(b) The sanction may be served within a county jail if the sheriff approves.

(d) Consistent with goals and requirements set forth in s. 301.03 (3) (b), Stats., the department shall adopt an evidence-based response to violations that:

Identifies effective intervention responses for common violations, including:

a. Drug possession/distribution violations.

b. Domestic violence typology violations.

c. Violation of restraining order.

d. Property/financial violations.

e. Sexually motivated violations.

f. Sex offense typology violations.

g. Substance/alcohol use violations.

h. Threatening or assaultive violations.

i. Traffic violations.

j. Weapons violations.

Utilizes a violation decision making guideline that considers the risk level of the offender and the severity of the violation behavior to determine appropriate sanctions.
Ensures sanctions are swift, certain and proportionate to violations. The following factors may be considered when applying sanctions:

a. Aggravating factors;

b. Mitigating factors;

c. Impact on an offender’s employment;

d. Impact on an offender’s family;

e. Identify accountability measurements;

f. Utilization of incentives and rewards for compliance and positive behavior.

Identifies that sanctions may include:

a. Low level response: community service work, verbal warning, local geographic restrictions, social media restrictions, restricted contact, or house arrest.

b. Medium level response: community service work, residence change required, conditional jail time, house arrest, travel restrictions, or short-term jail hold.

c. High level response: conditional jail time, court review placement or extension of placement on electronic monitoring or GPS, extension of probation, revocation, or short-term sanction.

d. Very high-level response: conditional jail time, short-term sanctions, jail hold pending an alternative to revocation placement or interstate compact retake request, or revocation of all cases.

(e) On an annual basis, the department shall review sanctions imposed under the system to assess disparities among sanctions, to evaluate the effectiveness of sanctions, and to monitor the impact of sanctions on the number and type of revocations for violations. The department shall evaluate the effectiveness of sanctions using data metrics following sanction events including the number of violations, revocations, and recidivism rates.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (7) (title), (a) (intro.), cr. (7) (d) Register October 2019 No. 766, eff. 11-1-19; CR 25-033: renum. (7) (d) to (7) (d) (intro.) and am., cr. (7) (d) 1. to 4., (e)Register June 2026 No. 846, eff. 7-1-26; (7) (d) 1. i. renumbered in part to (7) (d) 1. j. Register June 2026 No. 846.

Wis. Admin. Code § DOC 328.28 Psychotropic medication as a condition of supervision {#sec-doc-328.28 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.28}

The purpose of this section is to provide a process for imposing a condition of supervision that requires compliance with prescribed psychotropic medications.

(1) Psychotropic medication as a condition of supervision. Psychotropic medication may be made a condition of supervision only when one of the following applies:

(a) Following commitment proceedings during which the offender has been found not competent to refuse psychotropic medication.

(b) With the consent of a guardian who is able to authorize treatment of the offender with psychotropic medication.

(c) Following a department hearing under this section, approving a condition requiring the offender’s compliance with prescribed psychotropic medication.

(d) When the offender waives a department psychotropic medication hearing under this section.

(e) When ordered by a court of law.

(2) Criteria for requesting a hearing. An agent shall request approval for a hearing from a regional chief to determine the need for requiring psychotropic medication as a condition of supervision when all of the following apply:

(a) The use of psychotropic medication is medically indicated.

(b) The offender refuses to take psychotropic medication.

(3) Notice of hearing. The offender shall receive written notice of the hearing at least 24 hours in advance. The notice shall include all of the following:

(a) The basis for the allegations that use of psychotropic medication is medically indicated and necessary.

(b) The date, time, place, and purpose of the hearing.

(d) The right to be heard and present evidence and relevant witnesses.

(e) The right to cross-examine department witnesses.

(f) The right to a written decision within 10 working days of the hearing, including the reason for the decision.

(4) Access to departmental offender health care records. Department employees directly involved in the decision regarding psychotropic medication as a condition of supervision shall have access to the minimum necessary amount of protected health care information to enable them to make an informed decision relating to whether compliance with psychotropic medications should be required as a condition of supervision.

(5) Psychotropic medication hearing. When an offender does not waive the hearing and refuses to take prescribed psychotropic medication, the department shall hold a hearing. The hearing may be conducted in person or by telephone.

(a) The department has the burden of proof to establish, by a preponderance of the evidence, that treatment with psychotropic medication is medically indicated and necessary to accomplish the goals of supervision.

(b) The hearing examiner is not bound by common law or statutory rules of evidence other than attorney-client privilege. The hearing examiner shall admit all evidence, including testimony, which has reasonable probative value and is not unduly repetitious or cumulative.

Administer oaths or affirmations.
Take an active role in questioning witnesses and eliciting testimony as necessary.
Regulate the course of the hearing.
Keep summary notes of the hearing.
Render a written decision whether to impose a condition of supervision requiring compliance with prescribed psychotropic medication upon a finding that psychotropic medication is medically indicated and necessary to accomplish the goals of supervision.

(6) Appeal of decision. The offender may appeal a decision ordering compliance with prescribed psychotropic medication to the secretary within 10 days of the written decision. The decision of the hearing examiner shall remain in effect while the appeal is pending.

(7) Annual review. A hearing examiner shall review the decision ordering compliance with prescribed psychotropic medication on an annual basis.

(a) A different hearing examiner from the examiner who made the original determination may perform the annual review.

(b) The hearing examiner under par. (a) shall give the offender notice of the date of the annual review, what evidence is being considered, and the offender’s right to respond.

(c) The hearing examiner may continue the order requiring compliance with prescribed psychotropic medication if evidence since the time of the last review shows that psychotropic medication is medically indicated and necessary to accomplish the goals of supervision.

History

CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 328.29 DCC agent training {#sec-doc-328.29 omnilex-key=us-wi-regs-official--agency-doc--DOC 328.29}

The department shall provide annual training to agents in risk reduction, intervention techniques, and skill development in evidence-based practices.

History

CR 25-033: cr. Register June 2026 No 846, eff. 7-1-26.

Chapter DOC 330 PHARMACOLOGICAL TREATMENT FOR CERTAIN CHILD SEX OFFENDERS

Wis. Admin. Code § DOC 330.01 Applicability {#sec-doc-330.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.01}

This chapter interprets s. 304.06 (1q), Stats. This chapter applies to the department of corrections and to all serious child sex offenders, as defined by s. 304.06 (1q) (a), Stats.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.02 Purpose {#sec-doc-330.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.02}

The purpose of this chapter is to provide guidelines for requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen, as a condition of probation or parole as a pilot service of the department. This chapter is promulgated pursuant to authority conferred by ss. 227.11 (2), 304.06 (1q), and 973.10, Stats.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.03 Definitions {#sec-doc-330.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.03}

Unless otherwise indicated, in this chapter:

(1) “Antiandrogen” means a chemical agent that lowers levels of testosterone.

(2) “Condition” means specific rules, regulations or prohibitions imposed on an offender under the supervision of the department of corrections by the court, parole commission or department.

(3) “Department” means the Wisconsin department of corrections.

(4) “Division administrator” means the administrator of the department of corrections, division of program planning and movement when the pharmacological treatment hearing is conducted as part of the reclassification process in s. DOC 302.17, and the administrator of the department of corrections, division of community corrections when the hearing in not conducted as part of the program review process.

(5) “Hearing” means the department’s administrative proceeding to determine whether the department may impose a condition of supervision requiring compliance with pharmacological treatment.

(6) “Hearing examiner” means a person appointed to preside over the hearing, to review the evidence presented, including testimony, and to determine, based on the evidence presented, whether the department may impose a condition of supervision requiring the offender to comply with pharmacological treatment.

(7) “Offender” means an inmate, probationer, or parolee who is committed to the custody of the department for correctional purposes.

(8) “Pharmacological treatment” means treatment with an antiandrogen or the chemical equivalent of an antiandrogen.

(9) “Physician” has the meaning given in s. 448.01 (5), Stats.

(10) “Proper medical subject” means a serious child sex offender who does not have a diagnosed physical condition that precludes treatment with an antiandrogen.

(11) “Revocation” means the removal of an offender from probation or parole supervision in accordance with ch. DOC 331.

(12) “Rules” means those written departmental regulations applicable to a specific offender under supervision.

(13) “Secretary” means the secretary of the department of corrections.

(14) “Serious child sex offender” has the meaning given in s. 304.06 (1q) (a), Stats.

(15) “Supervision” means the control and monitoring of offenders on probation or parole supervision by a department employee or contract agency employee.

(16) “Therapeutic level” means the hormone level that, as determined by the treating physician, is the intended effect of pharmacological treatment on an offender.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 330.04 Pharmacological treatment required {#sec-doc-330.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.04}

(1) Pharmacological treatment may not be made a condition of probation or parole supervision without first complying with this chapter.

(2) Serious child sex offenders may be required to undergo clinical and medical evaluations to determine the appropriateness of requiring the administration of an antiandrogen or chemical equivalent.

(3) Pharmacological treatment may be made a condition of probation or parole supervision for an offender if all of the following criteria are satisfied:

(a) The offender is a serious child sex offender.

(b) The offender is a proper medical subject.

(c) The offender has a diagnosis of pedophilia or any other diagnosis for which the treatment may include an antiandrogen or chemical equivalent.

(4) The department shall conduct a pharmacological treatment hearing if the department determines that pharmacological treatment should be required and the serious child sex offender does not waive the pharmacological treatment hearing and all of the conditions in sub. (3) are satisfied.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.05 Clinical and medical evaluation {#sec-doc-330.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.05}

(1) A licensed physician designated by the department shall conduct the clinical and medical evaluation.

(2) The designated physician shall do the following:

(a) Obtain a psychiatric history and administer appropriate diagnostic instruments.

(b) Make a determination as to the presence of pedophilia and any other diagnosis for which the treatment may include pharmacological treatment. This clinical determination shall be in the form of a written report.

(c) Obtain the medical history, conduct a physical examination and conduct and interpret appropriate laboratory tests to determine whether the offender is a proper medical subject.

(d) Provide the offender with sufficient information for the offender to understand the risks and benefits of pharmacological treatment.

(e) Provide the department with a copy of the offender’s medical records on an ongoing basis throughout the course of treatment. Such records shall include documentation and verification of the offender’s compliance with pharmacological treatment.

(f) Apply principles and techniques of medical science in determining that an offender is a proper medical subject for pharmacological treatment at regularly established times throughout the course of treatment.

(g) Monitor the pharmacological treatment on an ongoing basis as follows:

Obtain appropriate laboratory tests, including testosterone levels.
Obtain updated medical history.
Conduct physical examinations as needed.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.06 Notice of pharmacological treatment hearing {#sec-doc-330.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.06}

(1) The serious child sex offender shall receive written notice of the pharmacological treatment hearing. The notice shall be given at least 72 hours before the hearing.

(2) The notice shall include all of the following:

(a) A statement that a rule requiring compliance with pharmacological treatment has been recommended by the department.

(b) The date, time and manner of the hearing.

(d) The right of the offender to be represented by an advocate.

(e) The right of the offender to be heard and to present evidence and relevant witnesses.

(f) The right to cross-examine department witnesses.

(g) The right to a written decision within 10 working days of the hearing, including the reasons for the decision.

(h) The right to appeal the decision to the division administrator within 10 working days of the decision.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.07 Pharmacological treatment hearing {#sec-doc-330.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.07}

The department shall hold a pharmacological treatment hearing unless waived by the serious child sex offender. A hearing examiner shall do all of the following:

(1) Conduct the pharmacological treatment hearing.

(2) Keep summary notes of the hearing.

(3) Decide to permit or disapprove a condition of probation or parole requiring compliance with prescribed pharmacological treatment.

(4) Issue a written decision, including the reasons for it, within 10 working days of the hearing.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.08 Manner of hearing {#sec-doc-330.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.08}

The hearing may be included as part of the reclassification process in s. DOC 302.17 and appearances may be in person or by telephone.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99; CR 17-026: am., Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 330.09 Hearing procedure {#sec-doc-330.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.09}

In the hearing:

(1) Evidence.

(a) The hearing examiner may admit all testimony having relevance including hearsay evidence.

(b) The rules of evidence other than ch. 905, Stats., with respect to privileges do not apply except that unduly repetitious or irrelevant questions may be excluded.

(2) The hearing examiner may do all of the following:

(a) Administer oaths and affirmations.

(b) Take an active role in questioning witnesses and eliciting testimony.

(3) Burden of proof.

(a) The department has the burden to establish, by a preponderance of the evidence, all of the following:

That the offender is a serious child sex offender.
That the offender is a proper medical subject.
That the offender has a diagnosis for pedophilia or any other diagnosis for which an antiandrogen may be prescribed.

(b) Once the department has established all of the criteria in sub. (3) (a), pharmacological treatment shall be ordered unless the serious child sex offender can establish by a preponderance of the evidence all of the following:

Pharmacological treatment of the offender is not necessary for public protection.
Pharmacological treatment will not further the rehabilitation of the serious child sex offender.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.10 Qualification of hearing examiner {#sec-doc-330.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.10}

The hearing examiner may not be currently involved in the offender’s treatment, diagnosis, or supervision, or in the direct supervision of the agent or physician treating the offender.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.11 Offender advocate {#sec-doc-330.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.11}

An advocate of the offender’s choosing may represent a serious child sex offender. The advocate may present witnesses and evidence on behalf of the serious child sex offender and cross-examine department witnesses. The advocate may not be a person in the custody or under the supervision of the department.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.12 Appeal of decision {#sec-doc-330.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.12}

The serious child sex offender or the department may appeal a decision of the hearing examiner to the division administrator within 10 days of the written decision.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.13 Review of decision {#sec-doc-330.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.13}

(1) Every 24 months, a hearing examiner shall review the decision ordering mandatory compliance with required pharmacological treatment in accordance with the standards in s. DOC 330.09 (3).

(2) A different hearing examiner may perform the review.

(3) Upon request of the serious child sex offender the review shall be in the form of a pharmacological treatment hearing.

(4) The hearing examiner may continue the order permitting the department to require prescribed pharmacological treatment if evidence since the time of the last review shows that all of the criteria in s. DOC 330.09 (3) (a) have been satisfied.

(5) When the department has established all of the criteria in s. DOC 330.09 (3) (a), pharmacological treatment shall be continued unless the offender can establish all of the criteria in s. DOC 330.09 (3) (b).

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.14 Waiver {#sec-doc-330.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.14}

A serious child sex offender may sign a form waiving the pharmacological treatment hearing or review.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.15 Detention pending clinical and medical evaluation or pharmacological treatment hearing {#sec-doc-330.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.15}

(1) An offender who prior to parole refuses to participate in pharmacological treatment evaluations or the hearing process or refuses to take pharmacological treatment medications may be taken into custody and detained in any state correctional institution or county jail for the purpose of public protection.

(2) Detention under sub. (1) may continue until the pharmacological treatment evaluations are completed, the hearing decision is received, and the therapeutic level of the serious child sex offender is achieved.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.16 Duration of treatment {#sec-doc-330.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.16}

Pharmacological treatment shall be continued throughout the duration of the serious child sex offender’s supervision unless one of the following applies:

(1) The serious child sex offender is found not to be a proper medical subject.

(2) The pharmacological treatment hearing process described in s. DOC 330.09 results in a finding that the department may not order pharmacological treatment for the serious child sex offender.

(3) The department determines that continuing pharmacological treatment will no longer be beneficial.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DOC 330.17 Rules and conditions established; the serious child sex offender’s duty to comply; department’s response upon serious child sex offender’s refusal to comply {#sec-doc-330.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 330.17}

(1) The department shall establish special written rules and conditions of supervision for each serious child sex offender ordered to comply with pharmacological treatment as provided in s. DOC 328.04 (2) (d). The rules and conditions of supervision and any sanctions the department may use in response to non-compliance by the serious child sex offender shall be explained to the offender and acknowledged in writing.

(2) Serious child sex offenders required to undergo pharmacological treatment shall comply with all rules and conditions ordered by the parole commission or the department.

(3) Serious child sex offenders refusing to comply with rules and conditions of pharmacological treatment after a decision by a hearing examiner permitting the department to require pharmacological treatment may be sanctioned or recommended for revocation.

History

Cr. Register July, 1999, No. 523, eff. 8-1-99.

Chapter DOC 331 PROBATION, PAROLE, OR EXTENDED SUPERVISION REVOCATION PROCEDURES

Wis. Admin. Code § DOC 331.01 Authority and applicability {#sec-doc-331.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.01}

(1) These rules are promulgated under the authority of s. 227.11, Stats. They interpret ss. 302.11, 302.113, 302.114, 302.335, 304.02, 304.06, 961.47, 971.17, and 973.10, Stats.

(2) This chapter applies to offenders on probation, parole, and extended supervision in the legal custody of the department.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.02 Definitions {#sec-doc-331.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.02}

The definitions in s. DOC 328.03 apply to this chapter. In addition, in this chapter:

(1) “Magistrate” means a supervisor or supervisor’s designee who has not been directly involved in the decision to initiate proceedings to revoke the offender’s supervision.

(2) “Reviewing authority” means the division of hearings and appeals in the department of administration, upon proper notice and hearing, or the department of corrections, if the offender waives a hearing.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.03 Violation of supervision {#sec-doc-331.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.03}

(1) Investigation. The department shall investigate the facts underlying an alleged violation of supervision and shall meet with the offender to discuss the allegation within a reasonable period of time after becoming aware of the allegation.

(2) Recommendation. After investigation and discussion under sub. (1), the agent and supervisor shall do one of the following:

(a) Take no action because the allegation is unfounded.

(b) Resolve alleged violations by any of the following:

A review of the rules of supervision followed by changes in them where necessary or desirable, including return to court.
A formal or informal counseling session with the offender to reemphasize the necessity of compliance with the rules or conditions.
An informal or formal warning that further violation may result in a recommendation for revocation.
Implementation of an alternative to revocation.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.04 Notice {#sec-doc-331.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.04}

Within a reasonable time after a determination under s. DOC 331.03 (2) (c), the department shall provide the offender with written notice that the department has recommended revocation. The notice shall contain all of the following:

(1) A statement describing the alleged violation and the rule violated.

(2) The offender’s hearing rights, including the right to waive the hearing.

(3) The amount of any time available for good time forfeiture, reincarceration, or reconfinement.

(4) The amount of time recommended by the agent for good time forfeiture, reincarceration, or reconfinement.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.05 Preliminary hearing {#sec-doc-331.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.05}

(1) Requirement. When revocation is initiated, a magistrate shall conduct a preliminary hearing in accordance with this section to determine whether there is probable cause to believe that the offender violated a rule or a condition of supervision.

(2) Exceptions. A preliminary hearing need not be held if one of the following is true:

(a) The offender waives the right to a preliminary hearing in writing.

(b) The offender has given and signed a written statement which admits a violation.

(c) There has been a finding of probable cause in a felony matter and the offender is bound over for trial for the same or similar conduct.

(d) There has been an adjudication of guilt by a court for the same or similar conduct.

(e) The offender is not being held in custody under the department’s authority.

(f) There has been a finding of probable cause for the same or similar conduct by a court or magistrate in another state.

(3) Notice of preliminary hearing. Written notice shall be given to the offender and either the offender’s attorney or the state public defender. The notice shall include all of the following:

(a) The rule or condition that the offender is alleged to have violated.

(b) A statement that the offender has a right to a preliminary hearing to determine if there is probable cause to believe the offender has violated a rule or condition of supervision.

(d) A statement that the offender has a qualified right to be represented by an attorney at the preliminary hearing.

(e) A statement that the offender or offender’s attorney, if applicable, may review all relevant evidence to be considered at the preliminary hearing, except evidence that is determined to be confidential.

(f) An explanation of the possible consequences of any decision.

(g) An explanation of the offender’s rights which shall include all of the following:

The right to be present.
The right to deny the allegation.
The right to present relevant evidence, including witnesses who can give relevant information regarding the violation of the rules or conditions of supervision.
The right to receive a written decision stating the reasons for the decision based on the evidence presented.

(4) Time and place. The preliminary hearing shall take place as close as feasible to the area of the state in which the alleged violation occurred. It shall take place not sooner than one working day and not later than 5 working days after receipt by the offender of the notice of the preliminary hearing.

(5) Qualified right to an attorney. If an attorney fails to appear at the preliminary hearing to represent the offender, the magistrate may either proceed with the hearing or postpone the hearing. The hearing shall be postponed to permit representation by an attorney if the offender, after being informed of his or her right to representation, requests an attorney based on a timely and plausible claim that he or she did not commit the alleged violation and the magistrate concludes either that the complexity of the issues will make it difficult for the offender to present his or her case or that the offender is otherwise not capable of speaking effectively for himself or herself.

(6) Decision.

(a) After the preliminary hearing the magistrate shall issue a written decision stating findings, conclusions and reasons for the decision. The decision shall be based on the evidence presented.

(b) The magistrate shall provide copies to the offender within a reasonable time after the preliminary hearing.

(c) If probable cause was found, the division of hearings and appeals shall be contacted in writing to request the scheduling of a final revocation hearing.

(d) If no probable cause was found the revocation process terminates without prejudice.

(7) Detention pending final hearing.

(a) When there is a preliminary hearing, the magistrate shall decide if the offender is to be detained pending the outcome of the final hearing. When a preliminary hearing is not required because the case meets one of the criteria under sub. (2), a supervisor shall make the detention decision.

(b) The magistrate or supervisor shall consider factors including the following:

The offender is believed to be dangerous.
The offender is likely to flee.
The offender is likely to engage in criminal behavior before the revocation takes place.
The offender is likely to engage in an activity that does not comply with the rules and conditions of supervision.
The length of the term to be served upon revocation is great.

(d) The detention decision made pursuant to par. (b) shall remain in effect until one of the following occurs:

The decision of the administrative law judge becomes final.
The offender is reinstated.
The violation warrant is vacated by the department.

(e) If the department requests review of the administrative law judge’s decision, the custody decision made pursuant to par. (b) shall remain in effect.

(f) The secretary may alter the custody decision at any time if the public interest warrants it.

(8) Reissuance of notice.

(a) If notice of the preliminary hearing is found to be improper and the impropriety itself results in the dismissal of the revocation proceedings, the department may issue a proper notice and begin the proceedings again.

(b) If a magistrate decides that there is no probable cause to believe the offender committed the violation and later the department learns of additional relevant information regarding the alleged violation, revocation proceedings may be started again with issuance of a new notice for the preliminary hearing.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.06 Final revocation hearing {#sec-doc-331.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.06}

A final revocation hearing of an offender’s supervision shall take place in accordance with procedures set forth in ch. HA 2.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.07 Waived revocation hearing {#sec-doc-331.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.07}

(1) An offender may waive in writing the right to revocation hearing.

(2) The agent shall prepare and send the waiver and a record of documents supporting the recommendation for revocation to the secretary for decision within a reasonable period of time.

(3) The secretary shall issue a written decision to the offender, the offender’s attorney, if applicable, the agent, and the supervisory staff member who recommended revocation within 10 days of receipt of the recommendation.

(4) The offender may withdraw a waiver prior to the secretary’s decision if the offender establishes that it was not knowingly, voluntarily, or intelligently made.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.08 Termination of revocation proceedings {#sec-doc-331.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.08}

(1) A supervisor may recommend to the regional chief that revocation proceedings be terminated at any time before the administrative law judge issues a decision.

(2) The regional chief shall determine if there is sufficient basis for terminating the revocation proceedings.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.09 Concurrent criminal prosecution and acquittal in criminal proceeding {#sec-doc-331.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.09}

Any revocation action under this chapter may proceed regardless of a concurrent prosecution of the offender for the conduct underlying the alleged violation. An acquittal in a criminal proceeding for an offender’s conduct underlying an alleged violation shall not preclude revocation of that offender’s supervision for the same or similar conduct.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.10 Records {#sec-doc-331.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.10}

A summary of all alleged violations, revocation actions, and proceedings under this section against an offender shall be maintained in the offender’s record.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.11 Special revocation procedures {#sec-doc-331.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.11}

All offenders under supervision by the department are subject to revocation under ss. DOC 331.03 to 331.10, except for an offender committed under s. 961.47, Stats. For an offender committed under s. 961.47, Stats., an agent shall proceed under s. DOC 331.03 (1) and (2) and shall, upon the approval of a supervisor, notify the committing court of the alleged violation and submit a report to the court within a reasonable time after becoming aware of the alleged violation. The court shall decide if the offender shall remain on probation under s. 961.47, Stats.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.12 Harmless error {#sec-doc-331.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.12}

The secretary may deem a failure to comply with a requirement under this chapter as harmless error if it does not prejudice a fair proceeding or disposition.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 331.13 Post revocation hearing to determine good time forfeiture, reincarceration, or reconfinement time {#sec-doc-331.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 331.13}

(1) Applicability.

(a) Good time forfeiture hearings apply to offenders who, before June 1, 1984, committed the crime for which they were sentenced to a period of incarceration in the Wisconsin state prison and chose not to have 1983 Wis. Act 528 apply.

(b) Reincarceration hearings apply to offenders who, between June 1, 1984, and December 30, 1999, committed the crime for which they were sentenced to a period of incarceration in the Wisconsin state prison and to any other offender who chose to have 1983 Wis. Act 528 apply, except offenders sentenced under s. 973.01, Stats.

(c) Reconfinement hearings apply to offenders who, on or after December 31, 1999, committed the crime for which they received a bifurcated sentence under s. 973.01, Stats.

(2) Hearing. The offender is entitled to a hearing under sub. (1) (a), (b), or (c) to determine the amount of good time to be forfeited, or the amount of reincarceration or reconfinement time to be served.

(3) Waiver. The offender may waive, in writing, the right to a hearing. The waiver may be withdrawn by the offender prior to the decision if the offender establishes that it was not knowingly, voluntarily, or intelligently made.

(4) Amount of time available. The agent shall notify the reviewing authority of the amount of good time available for forfeiture, or the amount of reincarceration or reconfinement time available.

(5) Criteria.

(a) For a proceeding under sub. (1) (a), the agent shall recommend to the reviewing authority that a specific amount of good time be forfeited and whether good time should be earned upon the forfeited good time. For a proceeding under sub. (1) (b) or (c), the agent shall recommend a specific period of reincarceration or reconfinement. The amount of time may be expressed only in terms of years, months, and days. The agent shall include the reasons and facts consistent with the criteria listed in par. (b) that support the recommendation.

(b) In making a recommendation, the agent shall consider all of the following:

The nature and severity of the original offense.
The offender’s institution conduct record.
The offender’s conduct and behavior while on supervision.
The amount of time left before mandatory release if the offender is a discretionary release parolee.
The amount of time necessary to meet the goals and objectives of supervision under ch. DOC 328.
The amount of time necessary to protect the public from the offender’s further criminal activity, to prevent depreciation of the seriousness of the violation or to provide a confined correctional treatment setting.
Other mitigating or aggravating circumstances.

History

CR 10-125: cr. Register June 2013 No. 690, eff. 7-1-13.

Chapter DOC 332 SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION REQUIREMENTS

Wis. Admin. Code § DOC 332.01 Applicability {#sec-doc-332.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.01}

This chapter interprets ss. 301.45 and 301.46, Stats.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.015 Authority and applicability of lie detector testing {#sec-doc-332.015 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.015}

Sections DOC 332.15 to 332.18 are promulgated under the authority of s. 301.132 (3), Stats., to establish a lie detector program for probationers and parolees who are sex offenders. The rules apply to the department and to probationers and parolees who are sex offenders.

History

Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

Wis. Admin. Code § DOC 332.02 Definition {#sec-doc-332.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.02}

Unless otherwise indicated in this chapter:

(1) “Department” means the department of corrections.

(2) “Lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator or other similar device, whether mechanical or electrical, that is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(3) “Lie detector examination process” means the entire process of lie detector testing, including completion of any preliminary questionnaires, pretest questions, baseline questions, and the actual lie detector testing.

(4) “Offender” means a probationer or parolee.

(5) “Polygraph” means an instrument that fulfills all of the following requirements:

(a) Records continuously, visually, permanently and simultaneously any changes in cardiovascular, respiratory, and electro-dermal patterns as minimum instrumentation standards.

(b) Is used, or the results of which are used, to render a diagnostic opinion about the honesty or dishonesty of an individual.

(6) “Probation and parole agent” or “agent” means an employee of the department who is assigned the duties and responsibilities of an agent under chs. DOC 328, 331 and 333.

(7) “Sex offender” means a person in the custody of the department who meets any of the criteria specified in s. 301.45 (1g), Stats.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98; emerg. cr. (6) to (11), eff. 12-15-97; cr. (2) to (7), Register, June, 1998, No. 510, eff. 7-1-98; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 332.03 Persons required to register {#sec-doc-332.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.03}

Any person meeting the reporting prerequisites specified at s. 301.45 (1g), Stats., shall register with the department of corrections sex offender registry.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98; correction made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 332.04 Maintenance of registry {#sec-doc-332.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.04}

(1) The department shall maintain a registry of all persons subject to registration requirements.

(2) Persons subject to registration shall complete, sign, and submit a form designated by the department that requires:

(a) All of the information specified at s. 301.45 (2) (a), Stats., and;

(b) Any other information that the department deems necessary to aid law enforcement or furthers the interests of public protection. Information under this paragraph shall only be made available to the department and law enforcement.

(3) The department shall expunge registry information concerning any person only when the department receives either:

(a) The information specified at s. 301.45 (7) (d) 1. and 2., Stats., or;

(b) A death certificate from the bureau of vital statistics concerning the person registered.

(4) The department may request the assistance of any county, circuit court, the department of health services, the department of transportation, or the department of workforce development in obtaining registry information.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register June 2009 No. 642.

Wis. Admin. Code § DOC 332.05 Registration timelines {#sec-doc-332.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.05}

When a person subject to registration is on supervision the supervising department or agency shall provide all of the information required under s. DOC 332.04 (2), to the department of corrections in accordance with s. 301.45 (2) (e), Stats.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.06 Registration frequency, duration, verification, and updating {#sec-doc-332.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.06}

(1) Persons subject to registration shall continue to provide information annually or at 90 day intervals as required by s. 301.45 (3), Stats., on the designated department form until released from the registration obligation as provided at s. 301.45 (5), Stats.

(2) Persons shall update information in accordance with the following:

(a) Unless par. (b) applies, whenever information required by s. DOC 332.04 (2), changes the person shall notify the department of the change within 10 days by registering the change with the department’s 1-888 telephonic registration system or by completing, signing, and submitting the designated DOC form.

(b) Persons on supervision to the department shall provide advance written notification to the department of any changes in employment, residence, school enrollment and vehicle information or in the case of emergency within 72 hours of the change by contacting the supervising agent.

(3) A person who is subject to registration and who is moving from this state to another state must comply with s. 301.45 (4m), Stats.

(4) Persons subject to registration who receive any notice from the department requesting verification of registry information shall verify the accuracy of registry information and provide any updated information within 10 days of the receipt of the notice by signing and returning a confirmation receipt and designated form to the department.

(5) Failure to receive notice of registration requirements under s. 301.45 (3) (b), Stats., is not a defense to liability under s. 301.45 (6), Stats.

(6) In addition to penalties provided at s. 301.45 (6), Stats., failure to comply with registration requirements, including but not limited to signing the registration form, verifying information, updating information, or providing true and accurate information when the person is on probation, parole, supervised release, conditional discharge, or aftercare supervision is a violation of that supervision.

(7) The department shall notify the district attorney in the county where the offender resides of any intentional non-compliance with the obligation to register, update registry information or verify registry information.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.07 Access to registry information {#sec-doc-332.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.07}

(1) The department shall allow access to registry information to law enforcement agencies in accordance with s. 301.46 (2) and (6) (b), Stats.

(2) In addition to the information provided to law enforcement agencies under sub. (1) the department may provide law enforcement with any other information concerning persons subject to registration.

(3) The department shall provide access to registry information to agencies and organizations other than law enforcement in accordance with s. 301.46 (4), Stats.

(4) The department shall provide access to registry information to victims in accordance with s. 301.46 (3), Stats.

(5) The department may provide access to registry information to the general public in accordance with s. 301.46 (5), Stats.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.08 Period of access to registry {#sec-doc-332.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.08}

(1) Except as provided in sub. (2), the department may continue to provide access to registry information concerning persons subject to registration only until the person is released from registration requirements under s. 301.45 (5), Stats.

(2) The department may provide registry access to law enforcement agencies regardless of whether the person is still subject to registration requirements.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.09 Bulletins to law enforcement {#sec-doc-332.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.09}

The department shall provide bulletins to law enforcement agencies in accordance with s. 301.46 (2m), Stats.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.10 Notification of victims {#sec-doc-332.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.10}

(1) In this section:

(a) “Member of the family” has the meaning given at s. 301.46 (3) (a) 1., Stats.

(b) “Victim” has the meaning given at s. 301.46 (3) (a) 2., Stats.

(2) Victims and family members may request information concerning persons registered by either:

(a) Obtaining a victim identification number and contacting the department’s 1-800 telephone information system or;

(b) Completing and submitting to the department the form designated to request written notifications.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1998, No. 506.

Wis. Admin. Code § DOC 332.11 Access to registry by community entities {#sec-doc-332.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.11}

(1) The department shall provide access to community entities specified at s. 301.46 (4) (a), Stats., that request information about a specific person registered under s. DOC 332.04. Entities requesting information under this paragraph shall be provided information when the entity does all of the following:

(a) Submits a request to the department’s 1-800 telephonic information access system.

(b) Specifies by name the person about whom information is requested and;

(c) Provides the date of birth, and either the social security number or drivers license number of the person about whom information is requested.

(2) A neighborhood watch program authorized under s. 60.23 (17m), Stats., or by the law enforcement agency of a city or village may request the names and information concerning all persons registered under this chapter who reside, are employed or attend school in the entity’s community, district, jurisdiction or other geographical area of activity. Requests for information under this subsection shall be in writing on the form designated by the department.

(3) In response to a request under sub. (1) or (2), the department shall provide all of the information specified at s. 301.46 (4) (b), Stats.

(4) Information provided by the department under this section shall not include any information specified at s. 301.46 (4) (ag), Stats.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.12 Access to registry by general public {#sec-doc-332.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.12}

(1) The department may in the interest of public protection provide information to a person not provided access to registry information under other sections when the person requests information and when the person does all of the following:

(a) Submits a request to the department’s 1-800 telephonic information access system or files a written request for information on the form designated by the department.

(b) Specifies by name the person about whom information is requested and;

(c) Provides the date of birth, and either the social security number or drivers license number of the person about whom information is requested.

(2) When the department grants access to information in response to a request under sub. (1), all of the information specified at s. 301.46 (5) (b), Stats., shall be provided:

(3) In response to a request under sub. (1), the department shall not provide any information specified at s. 301.46 (5) (c), Stats.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.13 Misuse of registry information {#sec-doc-332.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.13}

Persons who commit crimes using information that is disclosed under the provisions of this chapter are subject to the penalty provided for the crime committed and any increased penalty provided under s. 939.646, Stats.

Note: Section 939.646, Stats., was repealed eff. 2-1-03.

History

Cr. Register, February, 1998, No. 506, eff. 3-1-98.

Wis. Admin. Code § DOC 332.15 Lie detector requirement {#sec-doc-332.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.15}

The department may require an offender who is a sex offender to submit to the lie detector examination process in accordance with s. DOC 332.17 as a condition of supervision.

History

Emerg. cr., eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

Wis. Admin. Code § DOC 332.16 Purpose of lie detector program {#sec-doc-332.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.16}

(1) The department may use the lie detector examination process as a supervision tool for offenders who are sex offenders. Testing may be used to achieve any of the following in supervising an offender who is a sex offender:

(a) Disclosing offense pattern information for treatment purposes.

(b) Holding the offender accountable for behaviors which occur while on supervision.

(d) Assisting in the monitoring and early identification of rule violations and other criminal behavior.

(e) Providing a deterrent to re-offending.

(f) Identifying the offenders who need more intensive supervision or treatment.

(g) Providing more information for purposes of assessment, treatment and monitoring.

(2) The department may not use the lie detector examination process as a punishment or sanction.

History

Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

Wis. Admin. Code § DOC 332.17 Operation of lie detector program {#sec-doc-332.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.17}

(1) Selection of participants. Upon the approval of an agent’s supervisor, an agent may require an offender who is a sex offender to participate in the lie detector program. The agent may require an offender who is a sex offender to submit to the lie detector examination process based on the following:

(a) For an offender who is a sex offender and who is currently in prison but nearing the release date on mandatory or discretionary parole:

The offender’s criminal record of sexual offenses.
The offender’s adjustment under previous supervision.
The offender’s participation in offense-related programming while incarcerated or institutionalized.
The offender’s motivation or refusal to participate in continued programming in the community.

(b) For an offender who is a sex offender and who is currently on probation or parole:

The offender’s criminal record of sexual offenses.
The offender’s adjustment under supervision, including recent rules violations or recent consideration for alternatives to revocation.
The offender’s compliance with current programming.

(2) Notice.

(a) An agent shall provide an offender who is a sex offender and who is selected to participate in the lie detector examination process written notice of the lie detector program requirements. The department may require an offender who is a sex offender to participate in the lie detector examination process without the offender’s informed consent.

(b) An agent shall provide written notice to an offender who is a sex offender and who is required to take a lie detector test. The notice shall include the following:

Date, time, and location of the scheduled test.
Instructions to complete any preliminary questionnaires.

(3) Lie detector test questions.

(a) The lie detector examiner shall determine the questions to be asked during the lie detector examination process and shall consult with the agent in determining the questions to be asked. If the offender who is a sex offender is receiving treatment, the examiner or agent may consult with the treatment provider regarding development of questions to be asked during the lie detector examination process.

(b) The agent or examiner may consider any of the following in determining the questions to be asked during the lie detector examination process:

The offender’s involvement in current offense-related programming.
The offender’s level of denial.
The offender’s recent pattern of rules violations.
The offender’s noncompliance with treatment.
The agent’s need to verify the offender’s compliance with supervision, treatment or self-reporting.
The agent’s need to document and verify the extent of the offender’s sexual history.

(4) Test administration. The department may administer lie detector tests or contract with an outside vendor to administer the tests. The department shall establish standards for the selection of lie detector examiners.

(5) Assessment of fees. The department shall establish a schedule of fees in accordance with s. DOC 332.18.

(6) Sanctions.

(a) If an offender who is a sex offender refuses to participate in any portion of the lie detector examination process or to pay a lie detector fee, the agent shall investigate the refusal as a violation of a rule or condition of supervision in accordance with ch. DOC 331.

(b) If an offender who is a sex offender discloses a violation of a rule or condition of supervision during the lie detector examination process, the agent shall investigate the disclosure as a violation of a rule or condition of supervision, in accordance with ch. DOC 331.

(c) If an offender who is a sex offender discloses criminal conduct during the lie detector examination process, the agent, with the approval of the agent’s supervisor, shall refer the disclosure to law enforcement authorities.

(d) Revocation of probation or parole of an offender who is a sex offender may not be based solely on a finding of deception as disclosed by a lie detector test.

(7) Disclosure of test information. The department may disclose information regarding a lie detector test or information disclosed during the lie detector test examination process of an offender who is a sex offender only to the following and only for purposes relating to correctional programming, care and treatment of the offender:

(a) Department employees.

(b) Department vendors.

(d) Law enforcement agencies.

History

Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98.

Wis. Admin. Code § DOC 332.18 Lie detector fee {#sec-doc-332.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.18}

The department shall establish a schedule of fees to partially offset the costs of the lie detector program for offenders who are sex offenders and who are required to take a lie detector test. The costs of the tests may vary depending on the type of test used. An offender shall also pay a $5 administrative fee with each payment. The department shall do all of the following in establishing a fee schedule for lie detector testing and in collecting lie detector fees:

(1) Basis of fee. Base the lie detector fee payment schedule upon the offender’s ability to pay with the goal of receiving payment for the costs of administering the test and a $5 administrative fee with each payment.

(2) Timing of payments. Permit payment of the fee to be paid in any of the following ways:

(a) Full payment of the fee within 30 days of the date the offender takes the lie detector test.

(b) Quarterly payment of the fee to be paid in full within one year of the date the offender takes the lie detector test.

(3) Deferral of payments.

(a) Except if the offender has the present ability to pay the fee, permit deferral of payment if the offender meets one or more of the following conditions, until a time when the conditions no longer exist:

Has used all reasonable and appropriate means to obtain employment as determined by the offender’s probation and parole agent, but has been unable to obtain employment which provides the offender sufficient income to pay the lie detector fee.
Is a student enrolled in a full-time course of instruction. In this subdivision, “full-time course of instruction” means enrolled in an accredited course of instruction and registered for more than 9 credits in post secondary education or full-time high school or full-time junior high school, and “school” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats. The offender shall provide a release of information to verify enrollment and registration of credits. If the offender fails to provide the release of information, no deferral may be given. The educational institution shall certify to the department that the offender is enrolled and attending a full-time course work at the educational institution.
Is undergoing psychological, chemical or medical treatment consistent with the supervision plan approved by the department and is unable to be employed. The treatment provider shall certify the status to the department.
Has a statement from a licensed physician excusing the offender from work for medical reasons and the offender is unable to be employed because of the medical reasons.

(b) The agent shall make a determination concerning an offender’s deferral of payment of the lie detector fee within 10 working days of determining that an offender is required to participate in the lie detector examination process or within 10 working days of a change in the offender’s financial or employment status as reported in accordance with s. DOC 328.04 (3) (h).

(c) The agent’s supervisor shall review all decisions made by the offender’s probation and parole agent to defer payment of the lie detector fee.

(4) Collection. Develop procedures for the collection of lie detector fees. The offender who is a sex offender shall pay the lie detector fees to the department according to the procedures established by the department.

(5) Copies of fee schedule and payment procedures. Provide the offender who is a sex offender with copies of the lie detector fee schedule, administrative fee requirement, and lie detector fee payment procedures.

(6) Record of payments. Record all lie detector fees paid by the offender, and on request of the offender, provide the offender with a copy of the record of payments to verify receipt of the payments.

(7) Notice to offender when payment is not received. Advise the offender in writing if payment of the lie detector fee has not been made in accordance with the payment schedule.

(8) Possible actions if fee is not paid. Take action under s. DOC 332.17 (6) (a), if an offender who is a sex offender fails to pay a lie detector fee. The department may use any of the following actions in any order when an offender who is a sex offender fails to pay the lie detector fee:

(a) Counseling.

(b) Wage assignment.

(c) Review of supervision level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, electronic monitoring or detention in a jail, correctional facility, or house of correction.

(d) Issue a recommendation for revocation of parole or probation under the provisions of ch. DOC 331 for the offender’s willful failure to pay the lie detector fee after the agent has taken action under sub. (1) and has determined that the offender has the ability to pay the lie detector fee.

(e) Any other appropriate means of obtaining the lie detector fee.

History

Emerg. cr. eff. 12-15-97; cr. Register, June, 1998, No. 510, eff. 7-1-98; CR 10-126: am. (3) (b) Register June 2013 No. 690, eff. 7-1-13.

Wis. Admin. Code § DOC 332.19 Sex offender registration fee {#sec-doc-332.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.19}

(1) Applicability. A person who is required to register as a sex offender under s. 301.45, Stats., shall be charged a registration fee to partially offset the costs of monitoring registrants.

(2) Definitions. In this section:

(a) “Custody” means being under the authority of the department as an inmate, a probationer, parolee, or person subject to extended supervision under s. 302.113, Stats.

(b) “Offender” means a person on probation, parole, or extended supervision under s. 302.113, Stats.

(3) Fee. The sex offender registration fee shall be $100.00 on an annual basis.

(4) Recording of registration fee. With reference to the sex offender registration fee under sub. (3), the department shall do the following:

(a) Record all registration fees paid by a registrant.

(b) Provide the registrant access to a copy of the record of payments to verify receipt of payments.

(d) Audit the record of payment of registration fees.

(5) Collection of registration fee. In collecting the sex offender registration fee, all of the following shall occur:

(a) The department shall do the following:

Establish a registration fee payment schedule including all of the following:

a. A grace period for the initial registration fee payment.

b. A deadline for payment for each subsequent year of registration.

Approve procedures for the collection of registration fees.
Provide the registrant with a copy of the sex offender registration fee payment procedures.
Credit those moneys collected to the appropriation account under s. 20.410 (1) (gd), Stats.

(b) The registrant shall pay the sex offender registration fee to the department according to the procedures established by the department.

(6) Department action when a registrant fails to pay registration fee. The department may use any of the following actions in any order when a registrant fails to pay the sex offender registration fee:

(a) Counseling.

(b) Wage assignment.

(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or electronic monitoring or detention in a jail, correctional facility or house of correction for those on probation, parole or extended supervision.

(d) Issue a recommendation for revocation of parole, probation, or extended supervision for an offender’s willful failure to pay the sex offender registration fee.

(e) Any other appropriate means of obtaining the sex offender registration fee.

History

Emerg. cr. eff. 6-8-06; CR 06-066: cr. Register December 2006 No. 612, eff. 1-1-07; EmR0812: emerg. am. (1), (3), (4) (a), (b), (c), (5) (a) 3., (b) and (6) (intro.), cr. (2) (c), eff. 5-15-08; CR 08-045: am. (1), (3), (4) (a), (b), (c), (5) (a) 3., (b) and (6) (intro.), cr. (2) (c) Register December 2008 No. 636, eff. 1-1-09.

Wis. Admin. Code § DOC 332.20 Tracking fee {#sec-doc-332.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 332.20}

(1) Applicability. A person who is subject to GPS tracking or PPS tracking under s. 301.48, Stats., shall be charged a fee to offset the costs of the tracking, based on the person’s ability to pay.

(2) Definitions. In this section:

(a) “Global positioning system tracking” or “GPS tracking” has the meaning given in s. 301.48 (1) (b), Stats.

(b) “Passive positioning system tracking” or “PPS tracking” has the meaning given in s. 301.48 (1) (dm), Stats.

(d) “Tracking fee” means the monthly fee which a person who is subject to either GPS tracking or PPS tracking is required to pay to offset the costs of tracking.

(3) Tracking fee.

(a) A person who is subject to either GPS tracking or PPS tracking shall pay the tracking fee in accordance with procedures established by the department.

(b) The department shall set a tracking fee for a person who is subject to either GPS tracking or PPS tracking, based on the person’s ability to pay, and shall do all of the following:

Determine the person’s ability to pay the tracking fee. The department shall base the determination on the person’s documented monthly gross household income. The department may require the person to produce financial documentation to establish household income, including tax returns, financial institution account statements, and wage information.
Review the determination of the person’s ability to pay the tracking fee at least annually. The department may require production of financial information for each review.
Assess the person a tracking fee up to and including the full tracking cost, if a person fails to provide the requested financial documentation.
Charge a tracking fee in accordance with the following table:
Publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.
Promulgate an administrative rule to make the adjustments, if the department proposes to make adjustment to the tracking fee by ten (10) percent or more. The department will not issue an emergency rule to implement the adjustments under this subsection before providing advance public notice of at least one month.
Establish a tracking fee schedule including all of the following:

a. A grace period for the initial tracking fee payment.

b. A deadline for receipt of each monthly tracking fee payment.

Approve procedures for the collection of tracking fees.
Provide the person who is required to pay a tracking fee with a copy of the tracking fee payment procedures.
Record all costs incurred as part of the tracking cost for monitoring a person on GPS tracking or PPS tracking.
Record all tracking fees paid by a person.
Provide the person with access to a copy of the record of payments to verify receipt of the payments.
Advise the person of nonpayment of tracking fees.
Credit the moneys collected to the appropriation account under s. 20.410 (1) (gk), Stats.
Audit the record of payments of tracking fees.

(4) Department action when a person on probation, parole, or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee and who is on probation, parole, or extended supervision fails to pay the tracking fee:

(a) Counseling.

(b) Wage assignment.

(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or detention in a jail, correctional facility or house of correction.

(d) Issue a recommendation for revocation of parole, probation, or extended supervision for the person’s willful failure to pay the tracking fee.

(e) Intercept of the person’s Wisconsin income tax refund or Wisconsin lottery winnings.

(f) Any other appropriate means of obtaining the tracking fee.

(5) Department action when a person not on probation, parole or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee but who is not on probation, parole, or extended supervision fails to pay the tracking fee:

(a) Wage assignment.

(b) Submission of the debt to a state contracted collection agency.

(d) Any other appropriate means of obtaining the tracking fee.

History

EmR0832: emerg. cr. eff. 11-12-08; CR 08-105: cr. Register June 2009 No. 642, eff. 7-1-09.

Chapter DOC 332 Appendix APPENDIX

Wis. Admin. Code § Chapter DOC 332 APPENDIX {#sec-chapter-doc-332 omnilex-key=us-wi-regs-official--agency-doc--Chapter DOC 332}

Note DOC 332.04. The registration form required by subsection (2) is DOC-1759. This form can be obtained by writing to: Wisconsin Department of Corrections-Sex Offender Registry Program, P.O. Box 7925, Madison, WI 53707-7925 or by contacting the nearest Division of Community Corrections field office.

Note DOC 332.06. The registration form required by subsection (1), paragraph (a), is DOC-1796. This form can be obtained by writing to: Wisconsin Department of Corrections-Sex Offender Registry Program, P.O. Box 7925, Madison, WI 53707-7925.

The telephonic registration number referred to in subsection (2) is subject to change by the telephone service provider, but as of August 1, 1997 the number is 1-888-963-3363.

The registration form required by subsection (2) is DOC-1796-A. This form can be obtained by writing to: Wisconsin Department of Corrections-Sex Offender Registry Program, P.O. Box 7925, Madison, WI 53707-7925.

Note DOC 332.10. The victim identification number referred to in subsection (2) paragraph (a) can be obtained by contacting the department’s victim witness coordinator in any district attorney’s office or the department’s victim advocate. The 1-800 telephonic number referred to in this paragraph is subject to change by the telephone service provider, but as of August 1, 1997 was 1-800-398-2403.

When a person obtains a victim identification number additional information concerning the offender is available through the telephonic system that s. 301.46 (3), Stats., allows to be made available only to victims and law enforcement.

The form required by subsection (2), paragraph (b), to request written notifications is found in pamphlet DOC-20. This pamphlet can be obtained by writing to: Wisconsin Department of Corrections-Sex Offender Registry Program, P.O. Box 7925, Madison, WI 53707-7925, or by contacting the victim witness coordinator in any district attorney’s office.

Note DOC 332.11. The 1-800 telephonic information system referred to in subsection (1) paragraph (a) is subject to change by the telephone service provider, but as of August 1, 1997, was 1-800-398-2403.

The form required by subsection (2) for neighborhood watch programs to obtain geographical information is DOC-1815. This form can be obtained by writing to: Wisconsin Department of Corrections-Sex Offender Registry Program, P.O. Box 7925, Madison, WI 53707-7925.

Note DOC 332.12. The telephonic information system number referred to in subsection (1), paragraph (a), is subject to change by the telephone service provider, but as of August 1, 1997 was 1-800-398-2403. More information concerning the department’s telephonic information system can be obtained by requesting pamphlet DOC-22.

The form required by subsection (1), paragraph (a) is DOC-1814, which can be obtained by contacting: Wisconsin Department of Corrections-Sex Offender Registry Program, P.O. Box 7925, Madison, WI 53707-7925.

Chapter DOC 333 INTENSIVE SANCTIONS

Wis. Admin. Code § DOC 333.01 Authority and purpose {#sec-doc-333.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.01}

This chapter is promulgated under the authority of ss. 227.11 (2) (a) and 301.048, Stats., to provide rules for the administration of the intensive sanctions program. The purposes of the intensive sanctions program are to:

(1) Provide a cost-effective sentencing and placement option which satisfies punishment and public safety issues for offenders who would otherwise be incarcerated;

(2) Provide public safety through the administration of sanctions and supervision standards appropriate to the needs and requirements of the offender;

(3) Provide the necessary treatment and services to assist the offender in making meaningful, positive changes;

(4) Promote a crime-free lifestyle by requiring offenders to be employed, perform community service, make restitution and remain drug free; and

(5) Increase communication among victims, victim service agencies and legal professionals.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.02 Applicability {#sec-doc-333.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.02}

This chapter applies to the department of corrections and to inmates in its custody who are eligible for a minimum security/intensive sanctions confinement classification. This chapter and other administrative rules referenced in this chapter are the only administrative rules of the department that apply to inmates in the intensive sanctions program. Any inconsistencies between rule provisions within this chapter and other chapters shall be resolved in favor of this chapter.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.03 Definitions {#sec-doc-333.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.03}

In this chapter:

(1) “Administrator” means the administrator of the division of intensive sanctions or that person’s designee.

(2) “Classification chief” means the chief of the department’s office of classification or that person’s designee.

(3) “DAI” means the department’s division of adult institutions.

(4) “Department” means the Wisconsin department of corrections.

(5) “DIS” means the division of intensive sanctions or the intensive sanctions program.

(6) “Intensive sanctions program placement” or “DIS placement” means a placement in which a person is sentenced, transferred or paroled to the intensive sanctions program or participating in the program as an alternative to revocation, in accordance with s. 301.048 (2), Stats.

(7) “Major penalty” means placement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1., Stats.

(8) “Minimum security DIS classification” or “MS/DIS” means the inmate security classification described under s. DOC 302.12 (1) (e) 1.

Note: DOC 302.12 (1) (e) was repealed eff. 2-1-02.

(9) “Minor penalty” means one or more of the following:

(a) Intensive or other field supervision.

(b) Electronic monitoring.

(d) Restitution.

(e) Other programs as prescribed by DIS.

(f) Reprimand, either oral or written.

(g) Loss of one or more privileges which includes any activity, including employment, outside the home.

(10) “Offense” is a violation of a rule of supervision.

(11) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification.

(12) “Rules of supervision” means the conditions of placement in the community.

(13) “Secretary” means the head of the department or that person’s designee.

(14) “State correctional facility” or “state correctional institution” means the prisons named under s. 302.01, Stats.

(15) “Type 1 prison” has the meaning given in s. 301.01 (5), Stats.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: r. & recr. (11), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 333.04 Eligibility for MS/DIS classification {#sec-doc-333.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.04}

A person is eligible for an MS/DIS confinement classification if both of the following apply:

(1) The person is any of the following:

(a) Sentenced by a court to a felony in accordance with ss. 301.048 (2) (am) 1. and 973.032, Stats.

(b) Paroled by the parole commission in accordance with ss. 301.048 and 304.06, Stats.

(c) Transferred to DIS by the department in lieu of revocation of probation or parole upon agreement between the department and the inmate in accordance with s. 301.048 (2) (am) 4., Stats.

(d) Transferred to DIS by DAI in accordance with s. 301.048 (2) (am) 2., Stats., provided that the inmate has a case plan that includes an intended residence, either a school or job placement or an alternative acceptable to the RC and a proposal for meeting treatment goals in the community. community.

(2) The person is not serving a life sentence in a Type 1 prison.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (1) (a), (c) and (d) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 17-026: am. (1) (d), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 333.05 DIS placement {#sec-doc-333.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.05}

(1) Before the inmate’s placement in the community, in the case of a transfer from DAI, and as soon as practicable in the case of other placements under s. 301.048 (2), Stats.:

(a) The inmate shall be assigned to a DIS agent and DIS staff shall provide the inmate with the name and business address of the inmate’s agent, the agent’s supervisor and the DIS sector chief.

(b) DIS staff shall advise the inmate’s employer, appropriate school administrators and persons sharing the residence with the inmate of their responsibilities to the inmate and the program. Other occupants of the residence shall agree in writing to searches of the residence, including the grounds, in accordance with s. DOC 333.18.

(2) DIS staff shall explain to the inmate the DIS rules of supervision. DIS staff shall describe how the electronic monitoring equipment works, any special limitations on transportation methods or routes, the places the inmate is authorized to visit, the hours the inmate is authorized to be absent from his or her residence, the area designated as the limits of the inmate’s confinement and treatment and services available, to include mental health outpatient treatment and services and alcohol or other drug abuse outpatient treatment and services.

(3) DIS staff shall inform the inmate of his or her program assignment. “Program” includes work, school, treatment, community service, an approved alternative program or a combination of any of the foregoing and a more specific activity such as a particular job within a work assignment.

(4) Notwithstanding ch. DOC 309, DIS may limit the recreation or leisure time activities and personal property that an inmate may have in a Type 1 prison, a jail, a county reforestation camp, a residential treatment facility or a community-based residential facility.

(5) If the inmate was transferred to DIS from DAI in accordance with s. 301.048, Stats., the department shall give notice of the transfer to the committing court, the municipal police chief, the county sheriff and the district attorney for the area where the inmate plans to reside. Notice shall also be given to victim - witness coordinators and victims registered with the parole eligibility notification system as appropriate. The notice shall be given prior to placement in the community.

(6) In the case of an inmate transferred from DAI, DIS staff and DAI staff shall coordinate transportation arrangements between the state correctional facility and the approved DIS placement.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.06 Changes in DIS program assignment {#sec-doc-333.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.06}

(1) DIS staff may change an inmate’s program assignment at any time by giving written notice to the inmate.

(2) The criteria under ss. DOC 302.11 and 302.13, the availability of programs in the community and any other factor relevant to the inmate’s rehabilitation and the protection of the community shall be considered in making the decision.

(3) An inmate may submit a written appeal of the change in assignment to the DIS sector chief within 10 days after receipt of the notice of assignment. The decision of the DIS sector chief shall be final.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: am. (2), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 333.07 Rules of supervision {#sec-doc-333.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.07}

The following provisions together with ss. DOC 333.12 (2) and 333.13 (6) and (7) apply to the conduct of inmates in DIS placements and are the DIS rules of supervision, a copy of which shall be provided to each inmate prior to, or as soon as practicable after placement in the community:

(1) The violation of any of the following provisions by an inmate who is not in a state correctional institution is an offense:

(a) An inmate shall abide by all the rules of the inmate’s employer or the educational or training facility to which the inmate is assigned.

(b) Except for retaining an attorney, an inmate may not enter into a contract or other agreement without prior written approval of DIS staff. Contracts which require prior approval include but are not limited to the purchase of property and time payments.

(c) An inmate shall abide by this chapter and other rules referenced in this chapter, the specific policies, procedures and rules of any facility in which the inmate is housed and all state and federal statutes and local ordinances.

(d) Any intentional failure of the inmate to return to the DIS residence on schedule or leaving the confines of the authorized area to which he or she is assigned, without permission, is an offense and may be referred for prosecution as an escape under ss. 301.048 (5) and 946.42 (3) (a), Stats.

(e) If an inmate is attending school, the inmate shall attend all regularly scheduled classes even if the instructor does not require attendance, unless the inmate obtains authorization not to attend class from DIS staff. Unless the inmate lacks the ability, he or she shall maintain passing grades in all courses and a cumulative 2.0 grade point average or better on a 4.0 scale without any incompletes.

(f) Unless approved in advance by DIS staff, an inmate may not enroll in or attend evening courses, courses requiring attendance at events away from the school site, or courses which include theater activities, field trips, athletic functions or social events.

(g) Inmates shall report all arrests and police or other law enforcement contacts to DIS staff immediately.

(h) Inmates shall submit a schedule of daily activities to DIS staff as directed by the staff.

(i) Inmates shall make themselves available for tests and searches ordered by DIS staff in accordance with this chapter.

(j) Inmates shall attend and participate in programs and treatment mandated by DIS staff.

(k) An inmate may not change his or her schedule or DIS program including specific residence, school, work or treatment situation without prior approval by DIS staff.

(L) An inmate may not purchase, lease, possess, trade, sell, or operate a motor vehicle without advance approval by DIS staff. To obtain approval to operate a motor vehicle, the inmate shall demonstrate proof of insurance, have a valid Wisconsin driver’s license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the inmate’s rehabilitation.

(m) An inmate shall be responsible for maintaining telephone service compatible with the DIS electronic monitoring equipment and DIS programming needs. Personal use of the telephone line may be restricted to allow for proper functioning of the electronic monitoring equipment.

(n) When directed by DIS staff, an inmate shall wear an electronic device continuously on the inmate’s person and comply with other requirements of the electronic monitoring system as directed.

(o) An inmate may not tamper with the electronic monitoring equipment. Inmates are responsible for lost, stolen or damaged electronic monitoring equipment, except that inmates are not responsible for malfunctioning of equipment caused by faulty manufacturing.

(p) Pursuant to s. 301.135 (4), Stats., an inmate shall pay an electronic monitoring fee which equals the department’s cost for the electronic monitoring, unless DIS staff waive the fee. Failure of an inmate to make payments on schedule may result in imposition of a sanction under s. 301.048 (3), Stats. Inmates may not be terminated from a DIS placement solely for failure to pay an electronic monitoring fee.

(q) An inmate shall maintain personal cleanliness, grooming and appearance as directed by DIS staff consistent with case plan objectives. Personal cleanliness and appearance includes both the person and the residence.

(r) An inmate shall sign an authorization giving DIS staff access to all health care records and health care information relating to the inmate’s drug prescriptions and relating in any way to the use of alcohol or drugs, alcohol or drug treatment and mental health treatment or services.

(2) All of the offenses listed in ss. DOC 303.11 to 303.64 shall apply to inmates in DIS placement who are not in a state correctional institution, with the following exceptions, substitutions and modifications:

(a) Section DOC 303.15 on sexual conduct does not apply.

(b) The following is substituted for s. DOC 303.18 on inciting a riot: Any inmate who intentionally encourages, directs, commands, coerces or signals one or more other persons to participate in a riot is guilty of an offense. “Riot” means a serious disturbance caused by a group of 2 or more persons which creates a serious risk of injury to persons or property.

(c) The following is substituted for s. DOC 303.19 on participating in a riot: Any inmate who intentionally or recklessly participates in a riot, as defined under par. (b), or who intentionally or recklessly remains in a group of 2 or more inmates which has been ordered to disperse if some members of the group are participating in a riot, is guilty of an offense.

(d) Section DOC 303.20 on group resistance and petitions does not apply.

(e) The following is substituted for s. DOC 303.05 on conspiracy:

If an inmate plans or agrees to do acts which are forbidden under this chapter with another person or persons, the inmate is guilty of an offense.
The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses;

(f) The following is substituted for s. DOC 303.22 on escape:

An inmate who does any of the following without permission is guilty of an offense:

a. Leaves a place without proper authorization from DIS staff;

b. Leaves the custody of a staff member;

c. Does not follow his or her assigned schedule;

d. Leaves the confines of an area to which he or she is assigned.

(g) The following is substituted for s. DOC 303.27 on lying: Any inmate who knowingly makes a false written or oral statement to a DIS staff member is guilty of an offense.

(h) Section DOC 303.29 on talking does not apply.

Note: DOC 303.29 was repealed eff. 1-1-01.

(i) Section DOC 303.30 on unauthorized forms of communication does not apply.

(j) The following is substituted for s. DOC 303.32 on enterprises and fraud: Any inmate who offers to buy or orders any item with the intention of not paying for it or incurs debt without permission of DIS staff is guilty of an offense.

(k) Section DOC 303.33 on attire does not apply.

Note: DOC 303.33 was repealed eff. 1-1-01.

(L) Section DOC 303.40 on unauthorized transfer of property does not apply.

(m) Section DOC 303.42 on possession of money does not apply.

(n) The following is substituted for s. DOC 303.43 on possession of intoxicants:

Except as specifically authorized by DIS staff, any inmate who knowingly has in his or her possession or uses any intoxicating substance as defined under s. DOC 303.02 (14) which is not prescribed by an approved physician is guilty of an offense.
All intoxicating substances prohibited by this chapter shall be confiscated.

(o) Section DOC 303.46 on possession of excess smoking materials does not apply.

Note: DOC 303.46 was repealed eff. 1-1-01.

(p) The following is substituted for s. DOC 303.47 on possession of contraband-miscellaneous: Any inmate who knowingly possesses any items of a type which is not allowed under s. DOC 333.13 (6) (b) 1. through 6 or under the inmate’s special conditions of DIS placement is guilty of an offense.

(q) Section DOC 303.48 on unauthorized use of the mail does not apply.

(r) The following is substituted for s. DOC 303.49 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, jobs and other activities, services or treatment for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:

DIS staff have been notified that the inmate is sick.
DIS staff have granted the inmate permission to be in some other location.
DIS staff have authorized the inmate to change his or her schedule.

(s) Section DOC 303.50 on loitering does not apply.

(t) The following is substituted for s. DOC 303.51 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity or who leaves the immediate area of a work or school assignment before the activity or the work or school assignment is over is guilty of an offense, unless absence from the assigned area has been approved by DIS staff.

(u) Section DOC 303.52 on entry of another inmate’s quarters does not apply.

(v) Section DOC 303.54 on improper storage does not apply.

(w) Section DOC 303.55 on dirty quarters does not apply.

(x) The following is substituted for s. DOC 303.57 on misuse of prescription medication: Any inmate who knowingly does any of the following is guilty of an offense:

Takes more of a prescription medication than was prescribed.
Takes a prescription medication which was not prescribed for him or her.

(y) Section DOC 303.59 on use of intoxicants applies except that subs. (2) (a) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter.

(z) Section DOC 303.63 on violations of institution policies and procedures does not apply.

(3) In addition to the rules listed under this subsection, which includes the list of offenses under ss. DOC 303.11 to 303.64 as affected by this subsection, DIS staff may develop additional rules of supervision for an inmate’s DIS placement which are reasonably calculated to serve the interests stated in s. DOC 333.01. These additional rules may be modified at any time with written notice to the inmate.

(4) Violation of any of the rules of supervision is an offense.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) (e) (intro.) and (n) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

Wis. Admin. Code § DOC 333.08 Discipline {#sec-doc-333.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.08}

(1) An inmate in a DIS placement may receive a sanction under s. 301.048 (3), Stats., if the department determines, after completing a review under sub. (2), that the inmate has committed one of the following:

(a) A violation of a state or federal statute or a local ordinance.

(b) A violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

(d) A violation of the rules of supervision.

(2) The review procedure to determine if the inmate has committed a violation shall be conducted as follows:

(a) A written violation report shall be prepared by a DIS staff member which:

Sets forth all facts obtained in the DIS staff member’s investigation and includes the proposed penalty and a written statement or a report of an oral statement from the inmate. No statement concerning the alleged violation shall be taken from the inmate until 24 hours after the inmate receives a written notice of the alleged violation which shall include the rule allegedly violated, how the rule was violated and the date and place of the violation. The requirement of prior written notice may be waived by the inmate in writing. A defective notice can be cured by issuing a proper notice.
Includes witness statements or summaries of witness statements.
Identifies the evidence and the names of witnesses reported by the inmate. The DIS staff member shall include in his or her report what efforts were made to interview witnesses and gather evidence identified by the inmate.

(b) A copy of the violation report shall be served on the inmate within 5 working days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report. A minor penalty may be imposed by DIS staff after approval by the supervisor and prior to service of the violation report on the inmate.

(c) A major penalty may be imposed by a DIS staff member after review and approval of the violation report by the supervisor under par. (b), service of the violation report on the inmate and completion of the following appeal procedure:

The inmate may appeal the violation report to the sector chief or designee by service of a written appeal within 5 working days of receipt of the violation report.
If the appeal is to the sector chief’s designee, the designee shall not be the immediate supervisor of the DIS staff member who conducted the investigation.
The sector chief or designee shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal.
A major penalty may be imposed at any time after the expiration of the appeal time if the inmate does not appeal.

(3) A “major offense” is a violation of one or more of the rules of supervision for which a major penalty may be imposed if the accused inmate is found guilty.

(4) A “minor offense” is any violation of one or more of the rules of supervision which is not a ‘major offense’ under sub. (5) or which a DIS supervisor has not classified as a major offense. If an offense not listed in sub. (5) is a ‘major offense’ for an inmate, it shall be identified as a ‘major offense’ in the DIS rules of supervision.

(5) Any violation of the following sections is a major offense:

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.09 Termination of DIS placement {#sec-doc-333.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.09}

(1) If an inmate has been transferred to DIS from a state correctional facility under s. 301.048 (2), Stats., the placement in DIS may be terminated for any of the following reasons:

(a) If there is a change of circumstances such as the loss, for any reason, of a job, school or treatment program.

(b) If the department determines that the inmate has committed one or more of the following violations:

Violation of a state or federal statute or local ordinance.
Violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.
Violation of the DIS rules of supervision.

(c) For any other reason, which, in the discretionary judgment of the department, is reasonably calculated to serve the interests stated in s. DOC 333.01.

(2) If an inmate is placed in DIS as an alternative to revocation of probation or parole pursuant to s. 301.048 (2) (am) 4., Stats., or is placed in DIS as a condition of parole by the parole commission pursuant to s. 301.048 (2) (am) 3., Stats., the placement in DIS shall be terminated if the inmate’s probation or parole is revoked under ch. DOC 331.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 333.10 Termination procedure {#sec-doc-333.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.10}

(1) The proposed termination of a DIS placement by DIS staff under s. DOC 333.09 (1) shall be reviewed by the PRC which shall consist of 2 or more members appointed by the administrator. The administrator may designate persons to sit as alternates.

(2) RC may recommend to the administrator or the administrator’s designee that the inmate’s DIS placement be terminated and the inmate returned to a type 1 prison or that the inmate be transferred to another community or another living arrangement or that any other appropriate action be taken. RC review of the inmate’s DIS placement shall be conducted in accordance with ss. DOC 302.17 and 302.19, except that “administrator or their designee” shall be substituted for “superintendent” in those provisions and no disciplinary hearing shall be held to determine if a violation has occurred. The decision of the administrator or the administrator’s designee shall be final.

(3) If the placement is to be terminated under s. DOC 333.09 (1) (b), the review process in s. DOC 333.08 (2) shall be completed before the placement is terminated.

(4) An inmate who has been removed from a DIS placement pending completion of the review procedure in s. DOC 333.08 (2) and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

(5) Prior to completion of the termination procedure or the revocation procedure under ch. DOC 331, the department may take any action it considers necessary for protection of the public including detention of the inmate in any state correctional institution, county jail or other facility that has agreed to hold DIS inmates in detention status, provided that the conditions for detention under s. DOC 333.11 are met.

(6) If an inmate is unable to attend work, school or treatment programs due to the termination procedure, DIS staff shall notify the appropriate school official, employer or treatment staff.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: am. (2), Register June 2018 No. 750 eff. 7-1-18.

Wis. Admin. Code § DOC 333.11 Detention for inmates in DIS placements {#sec-doc-333.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.11}

(1) In this section, “detention” means secure or non-secure confinement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1., Stats.

(2) An inmate may be placed in detention by any DIS staff or by a law enforcement officer at the request of DIS staff and kept there if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

(a) If the inmate remains in the DIS placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

(b) If the inmate remains in the DIS placement, the inmate will encourage others by example, expressly, or by the inmate’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation.

(c) If the inmate remains in the DIS placement, it will create a substantial danger to the physical safety of the inmate or another person.

(d) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will try to escape.

(e) If the inmate remains in the DIS placement, a criminal, disciplinary or termination investigation will thereby be inhibited.

(f) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will commit a crime.

(g) If, in the discretionary judgement of DIS staff, the inmate’s retention in the DIS placement is not reasonably calculated to serve the interests stated in s. DOC 333.01.

(3) DIS supervisory staff shall review the placement of an inmate in detention within 3 working days after it takes place. Before this review, the inmate shall be provided with the reason for detention and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate’s response to the detention. If, upon review, it is determined that detention is not appropriate, the inmate shall be returned to the DIS placement.

(4) No inmate may remain in detention more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), DIS supervisory staff shall review the status of each inmate in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the inmate shall be returned to his or her DIS placement.

(5) When an inmate is placed in detention, the person who makes the placement shall state in writing the reasons for the detention. The inmate shall be given a copy of the written statement. Upon review, the supervisory staff person shall indicate on the statement approval or disapproval of detention.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.12 Inmate funds {#sec-doc-333.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.12}

(1) An inmate in a DIS placement is not eligible for compensation under s. DOC 309.55.

(2) The inmate shall sign an agreement acknowledging the department’s authority to collect all funds earned and compensation received by the inmate while in a DIS placement and to disburse those funds in accordance with this section. Refusal to sign an agreement is an offense.

(3) The DIS business manager or a financial institution designated to handle DIS inmate accounts shall establish a separate DIS account for each inmate and make disbursements in accordance with this section. All paychecks from DIS work assignments and other funds received for inmates shall be sent to the DIS business manager or a financial institution designated to handle DIS inmate accounts.

(4) Upon an inmate’s placement in DIS, funds in an inmate’s general account, if any, shall be transferred to his or her DIS account.

(5) The DIS business manager or the designated financial institution shall disburse money received while an inmate is in a DIS placement in the following order:

(a) Payment of restitution under s. 973.20, Stats., and payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats., and s. DOC 309.465;

(b) Unless waived by DIS staff, an electronic monitoring fee pursuant to s. 301.135 (4), Stats., to cover the actual costs associated with electronic monitoring and

(6) Prior to disbursing funds under sub. (5) (c), the business manager or designated financial institution may disburse money from the inmate’s DIS account to pay the inmate’s obligations that have been acknowledged by the inmate in writing or that have been reduced to judgment or court order.

(7) Income earned by or received for the benefit of an inmate while in DIS placement is not subject to release account deductions under s. DOC 309.466.

(8) After approval for DIS placement, an inmate who is transferred from a state correctional facility may receive a single disbursement from his or her release account under s. DOC 309.466 for initial expenses such as security deposits, clothing, fees, tuition and books, if approved by DIS staff.

(9) Upon termination of a DIS placement, funds in an inmate’s DIS account shall be deposited in the inmate’s general account after disbursements under sub. (5) and (6) are made.

(10) Before releasing an inmate to field supervision as a parolee, the DIS business manager shall inform the parole agent of the balance in the inmate’s DIS account. The agent shall instruct the business manager as to where the funds shall be transferred.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.13 Resources for DIS inmates {#sec-doc-333.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.13}

(1) Disclaimer. The department does not assume responsibility for the condition or safety of any DIS residence, including the inmate’s food and property at the residence, or for the safety of others or their property at a DIS residence. In this subsection, “DIS residence” does not include a type 1 prison, jail, county reforestation camp, residential treatment facility or a community-based residential treatment facility.

(2) Access to legal materials. Inmates shall be permitted to do reasonable legal research at local law libraries with the prior approval of DIS staff. “Reasonable research” means a maximum of four hours per week, including travel time. Inmates with court imposed deadlines may request additional research time.

(3) Medical care.

(a) Inmates with private health insurance may use any medical personnel and facilities covered by their policy with prior approval of DIS staff.

(b) DIS staff shall assist inmates without private health insurance to identify the public health and social service agencies which can assist them with their health care needs. Prior approval by the assigned agent is required for utilization of medical personnel or facilities.

(4) Religious services. With the prior approval of DIS staff, inmates motivated by religious beliefs shall be given a reasonable opportunity to attend religious services. “Reasonable opportunity” means required worship time not to exceed 2 hours per week, including travel time. “Religious services” does not include social activities sponsored by a religion or related to religious activities. Inmates may request additional time for required worship.

(5) Recreation time. Recreation time shall be administered as follows:

(a) In this subsection, “recreation time” means activities outside the inmate’s residence other than those required for job, school or treatment programs and include, but are not limited to exercise and recreational activities. Time which the inmate must be permitted to spend at religious services or law libraries under subs. (2) and (4) is not recreation time. Recreation time may be used by an inmate for legal research at law libraries or religious services, in addition to the time provided under subs. (2) and (4).

(b) Recreation time may be provided at the discretion of DIS staff. Recreation time shall be conditioned upon satisfactory participation in the program.

(c) A request for recreation time shall be made by an inmate in writing to his or her agent. All recreation time shall have prior approval by DIS staff and shall be included in the inmate’s schedule. The request shall include the following:

Date and starting and ending time of recreation activity.
Specific location of recreation.
Names of persons involved in the recreation activity.
Description of the recreation activity.

(d) An inmate may lose the privilege of participating in recreation activities through the disciplinary process under s. DOC 333.08.

(6) Property.

(a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and the inmate’s rules of supervision.

(b) An inmate in a DIS placement may possess any personal property except:

Property which is prohibited by state, federal or local law or this chapter.
An alcohol beverage as defined in s. 125.02 (1), Stats., or a controlled substance as defined in s. 961.01 (4), Stats., which was not prescribed by an approved physician.
Any item designed exclusively to be used as a weapon or to be used in the manufacture of a weapon.
Drug paraphernalia, as defined in s. DOC 303.44.
Obscene material, as defined in s. DOC 309.05 (6) (c) 8.

Note: DOC 309.05 (6) (c) 8. was repealed eff. 10-1-98.

Property which is prohibited by the inmate’s rules of supervision.

(c) Items not permitted under this section or under an inmate’s rules of supervision are contraband. An inmate may be subject to discipline for possessing contraband. The items may be seized in accordance with the procedure in s. DOC 303.10, except that contraband shall not be disposed of, if a violation report will be or has been issued, until the procedures in s. DOC 333.08 have been completed.

(7) Inmate contacts. Special conditions may be placed on an inmate’s contacts while in a DIS placement, including mail, visits and telephone if, in the discretion of DIS staff, it will be helpful to the rehabilitation of the inmate or the protection of the public. Communication with the courts or the parties identified in s. DOC 309.04 (4) shall not be restricted.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (6) (b) 2. and (7) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 333.14 Use of force {#sec-doc-333.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.14}

The use of force on inmates in DIS placements shall comply with s. DOC 306.07, modified as follows:

(1) In addition to the conditions for use of non-deadly force under s. DOC 306.07 (2), non-deadly force may be used by DIS staff against a DIS inmate if the user of force reasonably believes it is necessary to prevent the inmate from fleeing the control of the correctional staff member.

(2) Deadly force may not be used by DIS staff against a DIS inmate except to prevent death or great bodily injury to oneself or another.

(3) If the DIS inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 333.15 Mechanical restraints {#sec-doc-333.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.15}

(1) Mechanical restraints which may be used on inmates in DIS placements are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain and leg restraints.

(2) Mechanical restraints may be used only in the following circumstances:

(a) To protect staff or others from a DIS inmate who poses an immediate risk of flight or physical injury to others unless restrained.

(b) To protect a DIS inmate who poses an immediate threat of physical injury to himself or herself unless restrained.

(d) When taking a DIS inmate into custody.

(e) To transport a DIS inmate.

(3) Mechanical restraints may not be used:

(a) As a method of punishment.

(b) About the head or neck of an inmate.

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate.

(d) To restrain an inmate to a moving vehicle.

(4) A DIS staff member shall observe a DIS inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

(5) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

(6) A written record shall be made each time the inmate is placed in restraints. The record shall include:

(a) The inmate’s full name, number, and the date and time the inmate was placed in restraints.

(b) The name of the staff member who placed the inmate in restraints.

(d) A statement indicating when and under what circumstances the restraints were removed.

(7) DIS staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

(8) If the DIS inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.16 Oleoresin of capsicum, firearms and other weapons {#sec-doc-333.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.16}

(1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means the oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

(2) Use of oleoresin of capsicum. An employee may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a), Stats., while on duty, only under the following conditions:

(a) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

(b) While acting in self-defense or defense of a third person, as allowed under ss. 941.26 (4) (c) 1. and 939.48, Stats.

(3) Prohibited use. An employee may not use oleoresin of capsicum under [any of] the following:

(a) Against another employee, except for training purposes.

(b) Toward an offender merely because the offender refuses to follow orders.

(4) Approved products. An employee shall carry and use only products and delivery systems approved by the department.

(5) Medical care. An employee shall immediately provide medical attention to the person exposed to oleoresin of capsicum.

(6) Documentation. The employee involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

(7) Firearms or other weapons. No employee may carry or use a firearm or other weapons while on duty, except as permitted under s. DOC 333.16 (2).

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93; r. and recr. Register, April, 1997, No. 496, eff. 5-1-97.

Wis. Admin. Code § DOC 333.17 Escapes {#sec-doc-333.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.17}

(1) Plan. The administrator shall develop and annually review and update a written plan to be implemented if an escape occurs from a DIS placement. The plan shall provide for all of the following:

(a) If DIS staff believe that an inmate may have escaped because the inmate has left an assigned area, or has not returned to the DIS residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or DIS staff have received other relevant information, DIS staff shall attempt to contact the inmate.

(b) If DIS staff believe, for the reasons set forth in par. (a), the inmate has escaped or if an inmate is 4 or more hours late returning to the DIS residence without authorization from appropriate DIS staff, DIS staff shall communicate an apprehension request on the inmate to law enforcement agencies.

(c) After an apprehension request has been made for the inmate, the escape shall be reported orally and in writing to the administrator.

(d) DIS staff shall notify the administrator and law enforcement agencies orally and in writing when an inmate who has escaped is apprehended.

(2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known:

(a) The method of escape.

(b) Who was involved in the escape.

(d) Action taken by DIS staff.

(e) A brief evaluation of the factors which may have contributed to the escape.

(f) The identification of persons who may have information about the escape.

(3) Order to duty. In the event of an escape, the administrator may order any off-duty staff member to duty.

(4) Authority of hostage. If a DIS staff member, including the administrator, is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by DIS staff. Any orders issued by a hostage shall be disregarded by the DIS staff.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.18 Search of DIS inmate’s residence {#sec-doc-333.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.18}

(1) A search of a DIS inmate’s residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate’s control, may be made at any time by any DIS staff member. There is no requirement that there be any evidence that contraband is concealed in the residence before a search is conducted.

(2) Before the search occurs, it shall be approved orally or in writing by a DIS supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.

(3) There shall be a written report of all searches conducted under sub. (1). This report shall be prepared by the DIS staff who conducted the search. The report shall state:

(a) The identity of the DIS staff who conducted the search and the supervisor who approved it.

(b) The date and time of the search.

(d) The location of the property which is searched.

(e) The reason for conducting the search. If the search was a random search, the report shall state that fact.

(f) Any objects which were seized pursuant to the search.

(g) Whether any damage was done to the premises during the search.

(4) If any objects were seized or property was damaged during the search of an inmate’s residence or property, the inmate shall be informed in writing. The inmate shall be reimbursed for damage to any property which is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

(5) In conducting a search, DIS staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

(6) DIS staff shall not read legal materials belonging to the inmate during a search.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.19 Search of DIS inmates {#sec-doc-333.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.19}

(1) Searches of inmates approved for DIS placements shall comply with s. DOC 306.16, modified as follows:

(a) In addition to the reasons for a personal search of an inmate listed under s. DOC 306.16 (2), a personal search of an inmate in a DIS placement may be conducted by DIS staff before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

(c) In addition to the reasons for a body contents search listed under s. DOC 306.16 (5), a body contents search may be conducted under the following circumstances:

Immediately before transfer to the DIS placement;
Upon arrival at the DIS placement;
If an inmate is found to possess intoxicating substances or intoxicating substances are detected or found in the inmate’s residence or in an area controlled, occupied or inhabited by the inmate;
As part of a random testing program of all DIS inmates. Selection of inmates for random testing may not be done for the purpose of harassing or intimidating inmates; or
As DIS supervisory staff determine to be appropriate, if an inmate has a history of alcohol or other drug abuse.

(d) “Administrator” is substituted for “superintendent”.

(2) If the DIS inmate is held in a correctional institution, the search rules under ss. DOC 306.13 to 306.16 apply.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.20 Search of staff {#sec-doc-333.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.20}

Section DOC 306.18 shall regulate the search of DIS staff, except that a search is authorized before and after a staff member has contact with a DIS inmate or if there are reasonable grounds to believe the staff member is concealing an unauthorized object and except that “administrator” is substituted for “superintendent”. The report of a strip search shall be filed with the administrator.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.21 Use of contraband and test results in disciplinary review process {#sec-doc-333.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.21}

(1) Contraband seized during a search which is done in violation of this chapter may be used as evidence in the disciplinary review process under s. DOC 333.08.

(2) Results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances may be used as evidence in the disciplinary review process under s. DOC 333.08.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.22 Emergencies {#sec-doc-333.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.22}

(1) An emergency is an immediate threat to the safety of DIS staff, inmates or the public. An emergency includes, but is not limited to:

(a) Failure of the DIS inmate’s electronic surveillance equipment;

(b) Malfunctioning of the DIS inmate’s telephone system; or

(2) The administrator shall have a written plan to be implemented in the event of an emergency that complies with the requirements of s. DOC 306.23 (2) and (3), except that copies need not be filed with DAI.

(3) If an emergency occurs that prevents the normal functioning of DIS, the administrator may suspend those sections of this chapter or other administrative rules to which this chapter refers that specifically relate to the emergency until the emergency is ended.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.23 Inmate travel {#sec-doc-333.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.23}

Inmates who are confined in a Type 1 prison or a jail are not eligible for out-of-state travel. All other inmates may travel out-of-state only with the prior written authorization of the administrator or his or her designee. An inmate may travel within the state only with the prior written authorization of DIS staff.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.24 Discharge {#sec-doc-333.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.24}

An inmate may be discharged from custody and control of the department under s. 301.048 (6), Stats., only upon the written authorization of the administrator or his or her designee.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.25 Inmates in type 1 prisons {#sec-doc-333.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.25}

Inmates in DIS placements who are in state correctional institutions are subject to the rules which govern those institutions, as modified by this chapter.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Wis. Admin. Code § DOC 333.26 Inmate complaints {#sec-doc-333.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 333.26}

(1) Inmates in DIS shall be provided an opportunity for review of decisions through the inmate complaint process. This process is used to encourage communication and cooperation between inmates and staff while resolving problems in an orderly and uniform fashion.

(2) In this section:

(a) “Calendar days” means all days including Saturdays, Sundays and legal holidays.

(b) “Complaint” means a written statement by a DIS inmate which identifies a decision, states the reasons for the complaint and complies with the time limit stated in this section, except that a late complaint may be accepted for cause.

(c) “Request for review” means a written request submitted by a DIS inmate to his or her agent’s supervisor which states the reason for the request and complies with the time limits set forth in this section, except that a late request may be accepted for cause.

(d) “Working days” means all days except Saturdays, Sundays and legal holidays.

(3) Decisions related to the following may not be challenged through the inmate complaint process:

(a) Custody and detention.

(b) Parole revocation or any sanctions.

(d) Denial of firearms in accordance with the Federal Gun Control Act of 1968 and s. 941.29, Stats.

(e) All decisions, special conditions or terms of supervision imposed by a court or the parole commission.

(f) Discharge under s. 301.048 (6), Stats., and s. DOC 333.25.

(g) A PRC’s decision.

(h) A decision on a challenge to an inmate record.

(i) The denial of a special action parole under s. 304.02, Stats.

(4) The procedure for filing an inmate complaint is as follows:

(a) An inmate shall file a complaint with his or her agent within 14 calendar days after the occurrence giving rise to the complaint.

(b) The agent shall issue a written decision within 7 working days of receipt of the complaint.

(c) If the review by the agent does not produce a resolution, the inmate may file a request for review with the agent’s supervisor within 5 working days of receipt of the agent’s decision.

(d) The supervisor shall issue a written decision within 10 working days of receipt of the request for review.

(e) If the review by the supervisor does not produce a resolution, the inmate may file a request for review within 5 working days of receipt of the supervisor’s decision to the sector chief who shall issue a final written decision within 10 working days of receipt of the request for review.

(5) While the review process is pending, the inmate shall comply with the decision or directive being reviewed.

(6) An inmate may not be sanctioned for filing a complaint.

(7) The complaint process shall be expedited in circumstances where the complaint will be invalidated by the passage of time limits.

History

Cr. Register, February, 1993, No. 446, eff. 3-1-93.

Chapter DOC 335 ENVIRONMENTAL POLICY IMPLEMENTATION

Wis. Admin. Code § DOC 335.01 Authority {#sec-doc-335.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.01}

This chapter is promulgated under the authority of ss. 1.11 and 227.11 (2), Stats., to implement the Wisconsin environmental policy act, s. 1.11, Stats., insofar as proposed major actions of the department may significantly affect the quality of the environment of human beings. The chapter provides for a process of agency decision-making in public which depends on, although it is not necessarily determined by, thorough, objective analysis of the effects of a proposed action on the environment and of alternatives to such an action.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.02 Applicability {#sec-doc-335.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.02}

The criteria, procedures, and other parts of this chapter apply to all staff of the department and to all proposed actions of the department which may significantly affect the quality of the environment of human beings.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.03 Purpose {#sec-doc-335.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.03}

This chapter shall:

(1) Provide principles, objectives, definitions, criteria, and procedures to be used by the department to implement s. 1.11, Stats. Implementation includes identification and evaluation of proposed actions; study, development, and description of alternatives for those proposed actions that involve unresolved conflicts in the use of available resources; and preparation and review of environmental assessments and environmental impact statements;

(2) Ensure that high-quality environmental information, deriving from sound analysis of the likely consequences for the environment of major actions and from the development of alternatives, is available to department managers and citizens before decisions are made;

(3) Ensure that department staff who make decisions or contribute to decisions understand and consider potential environmental consequences of proposed actions and attempt to minimize the adverse consequences of these actions; and

(4) Facilitate public scrutiny and understanding of proposed actions of the department that may significantly affect the quality of the human environment.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.04 Definitions {#sec-doc-335.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.04}

As used in this chapter:

(1) “Action” means any activity initiated or otherwise undertaken by the department, including a proposal for legislation, which may affect the quality of the environment of human beings.

(2) “Alternatives” means actions other than the proposed action which may be reasonably available to achieve the same or altered purpose of the proposed action, including the alternative of no action.

(3) “DEIS” means draft environmental impact statement.

(4) “Department” means the department of corrections

(5) “Environmental assessment” or “EA” means a concise public document prepared by or at the direction of the department which provides sufficient evidence and analysis concerning a proposed type II action to enable the department to determine whether to prepare an environmental impact statement or issue a finding of no significant impact, and it includes the study, development and description of alternatives.

(6) “Environmental impact statement” or “EIS” means a detailed, written analytical report prepared by or at the direction of the department, which describes the anticipated effects on the environment of a proposed major action. An “EIS” is meant to adequately inform department decisionmakers and the public about the environmental consequences of an action in a way that will assist and guide decisionmaking.

(7) “FEIS” means final environmental impact statement.

(8) “Finding of no significant impact” means a conclusion of an environmental assessment that the proposed action is not a major action which will significantly affect the quality of the human environment and that preparation of an EIS is therefore not required.

(9) “Human environment” or “environment of human beings” means the natural and physical surroundings of people and their relationship with those surroundings. It includes the economic and social aspects of the surroundings of people only when these are inter-related with the natural and physical aspects of those surroundings.

(10) “Major action” means an action significantly affecting the quality of the human environment.

(11) “Program” means a broad area of adult corrections, such as probation and parole and adult institutions.

(12) “Resource” means water, air, land, plants, animals, energy, historic properties, vistas, wilderness, or that tranquillity which is affected by noise.

(13) “Scoping” means a process conducted at the outset of preparation of an EIS which involves asking for the views of other governmental agencies and the interested public about what should be in the EIS, the issues it should address, and the relatively more significant issues that should be subjected to in-depth analysis.

(14) “Secretary” means the secretary of the Wisconsin department of corrections.

(15) “Significantly affecting” means, in reference to actions, having considerable and important impacts on the quality of the environment, either in terms of the breadth of impact or the severity of impact.

(16) “WEPA” means the Wisconsin environmental policy act, s. 1.11, Stats.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.05 Types of actions {#sec-doc-335.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.05}

The department has grouped its actions into 3 types to facilitate its determination of need for an EIS.

(1) Type I actions. A type I action will always require an EIS. Construction of a new residential institution of 65 or more beds at a location where there was not previously a department-operated institution is a type I action.

(2) Type II actions. A type II action may or may not require an EIS, depending on the significance of the action. All of these actions shall be evaluated by means of an environmental assessment (EA). In the EA, the department shall study, develop and describe appropriate alternatives to the proposed action. Type II actions include the following:

(a) Facilities development.

Construction of a new residential institution of fewer than 65 beds at a location where there was not previously a department-operated institution.
Construction at an existing department-operated institution of a new or replacement building or other structure or the addition to or change in the exterior physical design of a building or other structure, the cost of which is the same as or more than the limit where approval of the building commission is required pursuant to s. 13.48 (10), Stats.
Acquisition or modification of an existing building to serve as a community residential facility for clients.
Modification of a building at an existing department-operated institution to serve a different program and population.
Changes in land use at minimum security facilities or beyond the secure perimeter of other facilities operated by the department to include but not be limited to construction of athletic fields, roads, parking facilities, bridges, and walls or fences.
Construction of a planned lake or pond development or renewal of an existing pond development.
Development of new sanitary land fill and solid waste disposal sites, and closing of existing sites.
Sale of an institution.

(b) Facilities operation.

New construction, enlargement, or other significant modification in electrical, television, communications, heating, gas, or sewer facilities and systems at an institution.
Demolition projects to remove structures of 100,000 or more cubic feet.
Grant of easements across department property for roads and for above-ground construction of utilities including pipelines and transmission lines.
Changed policies on farming and camp operation on department properties.

(c) Administrative rules. Promulgation of non-emergency administrative rules under ss. 227.14 to 227.22, Stats. when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the rules.

(d) Plans. Approval of state plans prepared as a requirement for federal financial participation in programs administered by the department, when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the plans.

(e) Legislative proposals. Proposals of the department for state legislation to authorize new programs or major changes in existing programs, the implementation of which would have material effects on the human environment.

(3) Type III actions. A type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources, and therefore, unless the department determines otherwise, an EA or an EIS will not be required for the proposed action. Type III actions include the following:

(a) Facilities development.

Remodelling entirely within a building at an institution for use by the same program.
Institution improvement projects, to include energy conservation and barrier-free access improvements and improvements to outdoor lighting, walkways, signs, shelters, tree plantings, and landscaping.
Restoration of a facility to its original condition following damage from fire, accident, disturbance, or natural calamity.
Closing of an institution or of part of an institution.
Sale of excess lands.

(b) Facilities operation.

Grant of easements across department property for the purpose of below-ground construction of utilities, including pipelines and transmission lines.
Maintenance of buildings, including but not limited to replacement of doors, windows and roofs, and painting, without altering the architectural integrity of the buildings.
Maintenance of roads, sidewalks, curbs, and gutters at institutions.
Road and parking lot resurfacing on department properties, and expansion without significant extension or relocation.

(d) Research. For purposes of this paragraph,“research” means systematic investigation designed to develop or contribute to generalizable knowledge.

(4) Other actions. Every action not fitting into one of the categories in subs. (1) to (3) shall be evaluated for determination of type.

(5) Updating of type-list. The action type-list shall be updated from time to time by rulemaking to reflect change in department programs or change in the categorization of department actions.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.06 Determination of need for an EIS {#sec-doc-335.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.06}

(1) During the early planning of an action, the department shall determine the need or desirability of preparing an EIS on the proposed action, in accordance with ss. DOC 335.05 and 335.07.

(2) The department shall prepare an EIS for all type I actions, and for all type II actions which are found to significantly affect the environment of human beings.

(3) The department may prepare an EIS on any other action at any time to assist planning and decisionmaking for the action.

(4) If the department decides to prepare an EIS, it does not need to prepare an EA.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.07 Preparation of environmental assessment {#sec-doc-335.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.07}

(1) Except as provided in s. DOC 335.06 (4), to determine whether a type II action is major and significantly affects the quality of the natural and physical environment of human beings, and to describe alternatives to that action, the department shall conduct an environmental assessment and shall prepare a reviewable record in the form of a concise report. This shall be done as early as possible in the planning process but, in any event, before contracts are signed if the action involves construction. The report shall include:

(a) A description of the proposed action, to include the purpose of the action and need for the action;

(b) A description of those elements of the environment of human beings which are affected by the proposed action;

(c) Identification and discussion of the most significant effects on the environment that can be reasonably foreseen if the proposed action is carried out. “Effects” are of 2 types:

Primary effects are those on the resources of water, air, land, plants, animals, energy use, historic properties, wilderness, vistas, and tranquillity which is affected by noise. Primary effects also include those on society and economy, but only when the effects on society and economy are inter-related with the foregoing resources.
Secondary effects are, in relation to primary effects, the foreclosure of future options, establishment of precedents, cumulative impacts when actions of the type are repeated, stimulation of indirect effects, conflicts with official plans of public agencies or with policies of governments at any level, and significant controversy that may be or is generated by the proposed action.

(d) A consideration of reasonable alternatives to the proposed action, including the alternative of no action, and the identification of the significant environmental effects of these alternatives when they differ from the anticipated impacts of the proposed action; and

(e) A list of agencies and persons consulted, with synopses of the comments and other pertinent information provided by these agencies and persons.

(f) A preliminary recommendation on the need for an EIS.

(2) Where proposed actions are likely to be repeated on a recurring basis or where they have relevant similarities such as common timing, impacts, alternatives, methods of implementation, or subject matter, a generic EA may be prepared. The department shall, when addressing a single action already covered by a generic EA, consider the relevance of the generic EA to the specific action.

(3)

(a) The department shall develop a notice that the EA has been prepared and is available for review, which shall include the following information:

The title of the proposed action;
A brief description of the proposed action, to include the location of any project;
The preliminary determination by the department of the need for an EIS;
The name of a contact person within the department who can supply copies of the EA and can answer questions about it; and
The latest date on which the department will accept and consider comments before making a final decision on the need for an EIS.

(b) The department shall send copies of the notice to all individuals, agencies, and organizations that have requested notification of the EA or of all EAs and, in the case of a project in a particular area of the state, to appropriate news media in the vicinity of the project. The department may also publish the notice in the Wisconsin Administrative Register.

(c) Following the deadline for receipt of public comment on the EA, the department shall review the EA, consider the comments received on it, make modifications judged necessary, and approve the EA which shall include a finding either of no significant impact or of the need for an EIS.

(4) If a finding is made in the EA of no significant impact, no EIS shall be required, the environmental review is complete and the original EA shall then be filed in the department’s offices in Madison, Wisconsin and at the county clerk, city clerk or town clerk in the area of the project. Such a finding shall be the final decision of the department which may be appealable as a contested case under ch. 227, Stats.

(5) If a finding is made in the EA that an EIS is required for the proposed action, the department shall proceed with preparation of an EIS.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.08 Preparation of environmental impact statement {#sec-doc-335.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.08}

(1) Scoping.

(a) As soon as possible after the decision to prepare an EIS, the department shall inform the public and affected or otherwise interested agencies that an EIS will be prepared and that the process of identifying impacts and alternatives to be analyzed in the EIS is beginning.

(b) The scoping process shall include, to the extent possible, affected federal, state and local agencies, any affected Indian tribe, and other interested persons. The process may consist of meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

Determine the parameters of the EIS and the significant issues to be analyzed in depth in the EIS; and
Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental impact analyses. This will permit limiting the discussion of these issues in the EIS to a brief presentation about why they are not significant for the human environment or to references to other documents in which these issues are discussed.

(2) Format of statement.

(a) The EIS shall be written in plain language, and shall be concise, clear, and to the point. It shall include appropriate graphics to help decisionmakers and citizens understand the implications of the proposed action and alternatives for quality of the human environment.

(b) Parts of the EIS shall be:

A cover sheet containing the title of the proposed action, name of the department, designation of the document as the draft or final statement, name and address of the office where more information can be provided, a one-paragraph abstract of the statement and the last date on which comments on the document will be considered.
A summary of the statement. It shall briefly describe the proposed action and shall emphasize major conclusions, areas of controversy, and issues to be resolved.
A table of contents.
A brief specification of the purpose of the action and need for it.
A succinct description of the environment which would be affected by the proposed action.
In comparative format, an analysis of the impact on the environment of the proposed action and all reasonable alternatives to it, including the alternative of no action.
A discussion of the scientific and analytic bases for the environmental consequences identified in subd. 6.
A list of preparers of the EIS together with their qualifications.
Appendices, if any, relevant to analyses in the EIS or otherwise relevant to the decision to be made.

(c) Other documents and sources of information may be incorporated by reference if they are available for public inspection at the central offices of the department in Madison and at the county clerk, city clerk or town clerk in the area of the project.

(3) Content of statement.

(a) When an EIS is required, first a draft EIS and then a final EIS shall be prepared by the department or else be prepared for the department under contract by a consultant with supervision and final editorial review by the department. The EIS shall emphasize significant environmental issues identified during the scoping process. An EIS shall contain, in the appropriate parts specified in sub. (2) (b) 4. to 7.:

A description of the proposed action and of the affected environment, including the project location, type of facility, time schedules, maps and diagrams deemed relevant, and other pertinent information which will adequately allow an assessment of the potential environmental impact by commenting agencies and the public.
An analysis of the probable impact of the proposed action on the environment of human beings, to include identification of positive as well as negative effects of the proposed action and, wherever possible, indirect as well as direct consequences for the environment.
Alternatives to the proposed action, including a rigorous exploration and objective evaluation of the environmental impacts of all reasonable alternatives, particularly those that might avoid all or some of the adverse environmental effects of the proposed action. If the department has a preferred alternative to the proposed action, that should be identified.
A discussion of probable adverse environmental effects which cannot be avoided should the proposal be implemented. Protective and mitigative measures to be taken as part of the proposed action shall be identified.
A discussion of the relationship between short-term use of the environment and the maintenance and enhancement of long-term productivity.
Identification of significant irreversible and irretrievable commitments of resources that would be involved in the proposed action, if implemented, with a statement identifying the extent to which the proposed action irreversibly curtails the range of potential uses of the environment.
Details of the beneficial aspects of the proposed action, and of the economic advantages and disadvantages of the proposed action.
A summary of the scoping process used and of the major issues identified through it for detailed analysis in the EIS.

(b) The EIS shall be an analytical document that enables environmental factors to be considered in the development of a proposed action. It shall be considered by the department in the decision-making process.

(c) An EIS is not a document of justification. On the other hand, disclosure of adverse environmental effects does not necessarily mean that a proposed action should be abandoned.

(d) Where proposed actions are likely to be repeated on a recurring basis or where they have relevant similarities such as common timing, impacts, alternatives, methods of implementation, or subject matter, a generic EIS may be prepared. The department shall, when addressing a single action already covered by a generic EIS, examine the relevance of the generic EIS to the specific action.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.09 Review of the DEIS {#sec-doc-335.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.09}

(1) Specified distribution. Copies of the DEIS shall be distributed to:

(a) The governor’s office.

(b) The department of natural resources and other state, federal, and local government agencies having special expertise, interest or jurisdiction.

(d) The department’s central office in Madison.

(e) Appropriate public libraries:

For proposed actions affecting a local area, the nearest public library.
For projects of regional importance, public libraries with a geographic distribution which permits public access without undue travel.
For projects having statewide significance, public libraries providing reasonable access for individuals who could be affected by the proposed action.

(f) The county clerk, city clerk or town clerk for proposed actions affecting a local area.

(g) Any individual or group requesting a copy. Requests should be sent to the Division of Management Services, Department of Corrections, P.O. Box 7925, Madison, WI 53707-7925.

(2) Notice of availability.

(a) The department shall publish in local newspapers, or in the official state newspaper, as appropriate, a notice of availability of the DEIS which briefly describes the proposed action and the administrative procedures being followed in review for environmental impact, sets the last date by which comments on the DEIS are to be submitted to the department, indicates locations where copies of the DEIS are available for review, and provides an address from which any interested party may obtain a copy of the DEIS.

(b) The department shall send copies of the notice of availability to:

Local and regional news media in the affected area;
Groups and individuals known to have an interest in the particular EIS; and
All participants in the scoping process who are not covered by subd. 1. or 2.

(3) Period for comment. The department shall allow a minimum of 45 days from the date the notice of availability of the DEIS is published, including a minimum of 7 days following the hearing provided for in sub. (4), for receipt of written comments on the DEIS.

(4) Informational hearing.

(a) The department shall hold a public hearing on the DEIS. The hearing shall be noticed as follows:

At least 30 days prior to the hearing, notice shall be mailed to all known agencies and offices required to grant any permit, license or approval necessary for the proposal; to any regional planning commission within which the affected area lies; to the governing bodies of all towns, villages, cities and counties within which any part of the proposal lies; to the governing bodies of any towns, villages or cities contiguous to any town, village or city within which any part of the proposal lies; and to interested persons who have requested such notification.
At least 25 days prior to the hearing, a notice shall be published in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.

(b) The hearing shall be held in the affected area. On actions of statewide significance, the hearing may be held in Madison.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.10 Conversion of DEIS to FEIS {#sec-doc-335.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.10}

After weighing the testimony received at the public hearing on the DEIS, and undertaking whatever further investigation in response to that testimony seems necessary, the department may convert a DEIS to an FEIS. This may be accomplished by replacing the cover sheet, modifying the statement as judged appropriate to reflect information received at public hearing or while the hearing record was kept open, and by adding an appendix which records and responds to information, concerns, views, arguments, and suggestions received at the hearing and while the hearing record was kept open.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.11 Review of the FEIS {#sec-doc-335.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.11}

(1) Distribution. The FEIS shall be distributed in the same manner as the DEIS in s. DOC 335.09 (1), and shall also be distributed to any person, organization or agency that submitted comments on the DEIS.

(2) Notice of availability. The availability of the FEIS shall be announced through a notice similar to the notice of availability of the DEIS in s. DOC 335.09 (2). That notice shall state whether the department will hold a public hearing on the FEIS, as permitted under sub. (3) (b). The department shall provide a copy of the FEIS to any individual or group requesting a copy.

(3) Period for comment.

(a) The department shall allow a minimum of 45 days from the date the notice of availability of the FEIS is published, including a minimum of 7 days following a hearing held under par. (b), for receipt of written comments on the FEIS from state and federal agencies and the public.

(b) The department may hold a public hearing on the FEIS. That hearing shall be announced through the notice of availability of the FEIS which shall be published at least 25 days prior to the hearing in a newspaper circulated in the affected area or, for actions of statewide significance, in the official state newspaper.

(4) Contested case hearing opportunity.

(a) Request for a hearing. Any person meeting the qualifications contained in s. 227.42 (1) (a) to (d), Stats., may within 20 days after publication of the notice of availability under sub. (2), or within 20 days after the public hearing under sub. (3) (b), if there is one, file with the department a request for a contested case hearing. The request shall include facts sufficient to establish that the person satisfies the criteria set forth in s. 227.42 (1) (a) to (d), Stats., and a statement of the reasons the person believes that the FEIS does not conform to the requirements of this chapter or s. 1.11, Stats. Any request received by the department more than 20 days after the date of publication of the notice of availability or more than 20 days after a public hearing under sub. (3) (b) shall be denied.

(b) Hearing.

In the event that the department grants a request for a contested case hearing, the department shall inform the person making the request about the date, time and place of the hearing.
In the event that more than one request for a hearing on the FEIS is granted, the department may consolidate the requests and hold one hearing.
The only issue at the hearing shall be whether the FEIS complies with the requirements of s. 1.11, Stats. The persons who requested the hearing shall have the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the FEIS does not comply with the requirements of s. 1.11, Stats.
The hearing shall be held in accordance with the department’s general procedural rules for hearings or, in the absence of those rules, the conditions and procedures set out in ss. 227.44 to 227.50, Stats., except as otherwise provided in this subsection.

The FEIS shall be received into the hearing record as an exception to the hearsay rule and shall be considered by the department in making its decision for whatever probative value the FEIS has.
Notwithstanding any other rule of the department, the parties in proceedings under this action shall have the means of discovery, except written interrogatories and depositions on written questions, available to parties through judicial proceedings set forth in ch. 804, Stats.
Not less than 10 days before the hearing the parties shall file with the department:

a. The names and addresses of all witnesses, including adverse witnesses, that the party may call to testify at the hearing.

b. A detailed written summary of the testimony to be elicited from each witness identified in subpar. a., including any opinion or conclusion of the witness on any matter relevant to the proceedings and the facts and data underlying that opinion or conclusion. The summary shall be on oath or affirmation.

c. A copy of any document or other writing, except the FEIS, and a copy or detailed description of any demonstrative evidence the party may offer into evidence as exhibits.

a. Any witness whose name, address and summary of testimony is not provided as required in subd. 3. a. and b. shall not be permitted to testify at the hearing. No witness may testify on any matter not included in the summary of testimony.

b. No document or other writing or a copy or detailed description of any demonstrative evidence not filed as provided in subd. 3. c. may be made part of the record.

Unless objected to by the department, any summary of testimony of a witness for the person who requested the hearing shall be made part of the record in lieu of the testimony of that witness as an exception to the hearsay rule and shall be considered by the department for whatever probative value that testimony has in making its decision. Unless objected to by the person who requests the hearing, any summary of the testimony of a witness for the department shall be made part of the record in lieu of the testimony of such witness as an exception to the hearsay rule and shall be considered by the department for whatever probative value that testimony has in making its decision.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.12 Decision {#sec-doc-335.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.12}

(1) Review of comments. After expiration of the comment period on the FEIS and following any contested case hearing on the adequacy of the FEIS, the department shall carefully review, summarize and weigh the comments received on the FEIS and on the proposed action and the decision following any contested case hearing before making a decision on the action.

(2) Record of decision. After carefully reviewing the comments of interested parties on the FEIS, the department shall enter a final decision in writing on the proposed action, which shall be a clear, concise and public statement which discloses and explains the decision, identifies the alternatives considered in reaching it and the alternative or alternatives considered environmentally preferable, and states whether all practicable means to avoid or minimize environmental harm have been adopted and, if not, why not.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.13 Supplements {#sec-doc-335.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.13}

If it happens that after an FEIS has been prepared, the public comment period has ended, and a decision has been made on the proposed action, but before contracts have been signed or construction has begun, whichever happens first, or other implementation has begun, the department substantially changes the proposed action in environmentally significant ways, or if significant new circumstances arise or information is developed relevant to environmental concerns and having a bearing on the proposed action or its impacts, the department shall prepare a supplement to the FEIS which shall be distributed and reviewed in the same manner as the FEIS as provided in s. DOC 335.11.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.14 Equivalent processes {#sec-doc-335.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.14}

(1) Where another state agency has concurrent responsibility with the department for a proposed type II action, a joint environmental assessment may be prepared with the other agency, or the environmental assessment prepared by the other agency may be accepted by the department provided that the assessment meets the requirements of this chapter, in which case the department’s responsibility under WEPA has been met.

(2) Where a proposed action is found to require an EIS and another state agency is involved in the approval or decision, a joint EIS may be prepared with the other agency, or the EIS prepared by the other agency may be accepted by the department provided that the EIS meets the standards for an adequate statement under this chapter, in which case the department’s responsibility under WEPA has been met.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Wis. Admin. Code § DOC 335.15 Responsibilities {#sec-doc-335.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 335.15}

(1) Single department office.

(a) The department shall have one office in Madison that other agencies and the public may contact to find out about department procedures implementing WEPA and progress being made in preparation of particular WEPA documents, and to obtain copies of environmental impact statements, environmental assessment reports, the department’s action typelist, the department’s administrative rules for WEPA implementation, and the final written decision of the department on particular proposed actions for which an environmental impact statement was prepared.

(b) The single office of the department for WEPA-related matters shall also:

Maintain this chapter of administrative rules.
Arrange for department review and comment, if appropriate, on the environmental impact statements of other agencies.
Suggest and approve formats and forms for divisions to use in carrying out their responsibilities under sub. (2).
Train, keep updated, and advise appropriate division staff, including managers, about WEPA requirements and department procedures for implementation of WEPA.
At the request of the department secretary, review for adequacy or coordinate review for adequacy of any division-proposed environmental assessment report or environmental impact statement.
Ensure that copies of this chapter are maintained for public review at the department’s central office.

(2) Department. The department shall:

(a) Decide what are actions for purposes of this chapter;

(b) Determine type of action, under s. DOC 335.05;

(d) Recommend preparation of environmental impact statements;

(e) Prepare or arrange for preparation of environmental impact statements; and

(f) Give notice and conduct informational hearings on draft and final environmental impact statements.

History

Cr. Register, March, 1992, No. 435, eff. 4-1-92.

Chapter DOC 346 SECURE DETENTION FOR YOUTH

Subchapter I General Provisions

Wis. Admin. Code § DOC 346.01 Purpose {#sec-doc-346.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.01}

The purpose of this chapter is to establish minimum standards for the approval, design, construction, maintenance, and operations of youth detention facilities and youth portions of county jails and the youth detention portion of a secured residential care center for children and youth.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.02 Authority {#sec-doc-346.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.02}

This chapter is promulgated under the authority of s. 938.22 (2) (a), Stats., and implements ss. 301.36, 301.37, and 938.209, Stats.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.03 Applicability {#sec-doc-346.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.03}

The provisions of this chapter apply to youth detention facilities, youth portions of county jails, and the youth detention portion of a secured residential care center for children and youth.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.04 Definitions {#sec-doc-346.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.04}

In this chapter:

(1) “Administrative confinement” means a nonpunitive confinement of a youth because the youth’s behavior presents a danger to others or poses a serious risk to facility security, including escape or disturbance.

(2) “Assessment” means a process for identifying the risks, needs, and protective factors of youth by using an objective and validated assessment tool.

(3) “Body cavity search” means a manual inspection of the anal or vaginal cavity of a youth conducted by means of any instrument, apparatus, finger, or object.

(4) “Classification” means a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to living units and programs according to their needs and existing resources.

(5) “Construction plans” mean the site plans, drawings, and specifications for construction or remodeling of a facility.

(6) “Contraband” means any item not allowed in a facility by the superintendent.

(7) “Dayroom” means an area contiguous to each living unit that is usable and accessible by youth and designed and used for leisure activities but not for sleeping purposes.

(8) “Department” means the department of corrections.

(9) “Detention strength” means strong enough to resist damage youth could inflict and to maintain safety and security and prevent youth from harming themselves or others.

(10) “Dormitory” means a room used for sleeping purposes and designed for occupancy by 3 or more youth.

(11) “Facility” means a youth detention facility, the youth portion of a county jail, or the youth detention portion of a secured residential care center for children and youth.

(12) “Force” means intentional physical contact between staff and youth to overcome resistance or to compel youth to act or to refrain from acting in a particular way.

(13) “Health care assessment” means a process whereby a youth’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.

(14) “Holding room” means a secure room designed for holding one or more youth of the same gender for the purpose of processing admissions, releases, investigations, or court appearances.

(15) “Living area” means the part of a youth detention facility normally occupied by youth, including dayrooms, multipurpose space, and adjacent control centers.

(16) “Mechanical restraint” means any device attached to a youth’s body that restricts freedom of movement or normal access to the youth’s body.

(17) “Multipurpose room” means an activity area designed and used for programming and services. “Multipurpose room” does not include a sleeping room, dayroom, dormitory, classroom, visiting space, or recreation space.

(18) “Natural light” means direct or indirect illumination as provided by the sun or daylight.

(19) “Officer” means a juvenile detention officer, as defined under s. 165.85 (2) (bt), Stats.

(20) “Pat down search” means an inspection by running the hands over the clothed body of a youth by a staff member to determine whether the youth possesses contraband.

(21) “Privileged mail” means any written communication between a youth and an attorney.

(22) “Qualified health care professional” means a physician, physician assistant, nurse, nurse practitioner, dentist, mental health professional, or other person who by virtue of their education, credentials, and experience is permitted by law to evaluate and care for patients.

(23) “Qualified mental health professional” means a psychiatrist, psychologist, psychiatric social worker, psychiatric nurse, or other person who by virtue of their education, credentials, and experience is permitted by law to evaluate and care for the mental health needs of patients.

(24) “Rated bed capacity” means the design capacity approved by the department under this chapter, based on single occupancy sleeping rooms under s. DOC 346.09 (3) (a), double occupancy sleeping rooms under s. DOC 346.09 (3) (b), and dormitories under s. DOC 346.09 (3) (c).

(25) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes.

(26) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.

(27) “Secure perimeter” means the outer boundary of a youth detention facility or of the youth portion of a county jail or secured residential care center for children and youth.

(28) “Sleeping room” means a room designed and used for one youth confined in a facility except when the facility meets the conditions for double occupancy under s. DOC 346.09 (3) (b).

(29) “Social supporter” includes a parent or guardian, foster parent, legal custodian, sibling, other relative, the parent of a youth’s child, the youth’s child, mentor, community-based service provider, educator, clergy member, and other caring and supportive individuals who are a reliable presence for the youth.

(30) “Strip search” means a search, as defined under s. 968.255 (1) (b), Stats.

(31) “Superintendent” means either of the following:

(a) The individual designated to be in charge of a youth detention facility under s. 938.22 (3) (a), Stats., or the director as specified in s. 938.22 (3) (b), Stats.

(b) In the case of the youth portion of the county jail, the sheriff of a county in which the jail is located pursuant to s. 59.27 (1), Stats.

(32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.

(33) “Youth” means any individual placed or transferred to a facility under the provisions of s. 301.08, Stats., or ch. 938, Stats.

(34) “Youth detention facility” means a juvenile detention facility as defined under s. 938.02 (10r), Stats., and includes a stand-alone facility or a facility located in the same building or on the same grounds as a county jail or secured residential care center for children and youth.

(35) “Youth detention portion of a secured residential care center for children and youth” means an area that is used for the detention of youth and is collocated with a secured residential care center for children and youth.

(36) “Youth portion of a county jail” means an area that is used for the detention of youth and that is part of a county jail.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (22), (23), (31) (intro.), (35) made under s. 35.17, Stats. Register July 2025 No. 835.

Wis. Admin. Code § DOC 346.05 Variance {#sec-doc-346.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.05}

(1) The superintendent may submit a written request to the department to be granted a variance from a provision of this chapter if:

(a) Strict enforcement of the rule would result in unreasonable hardship for administration of the facility; and

(b) The variance would provide equivalent or better protection for the health, safety, rights, and welfare of youth and the public.

(2) In all cases, there is a presumption that strict compliance with this chapter shall be required and the responsibility to provide commensurate justification for a variance rests with the requestor.

(3) At a minimum, any request for a variance must include:

(a) The applicable provision of this chapter for which a variance is sought.

(b) A description of the request and commensurate justification.

(4) No variance may be granted to minimum space requirements for youth housing areas under s. DOC 346.09 (3) (a), (b), (c), and (d).

(5) The department shall send a decision letter to the superintendent subsequent to reviewing the request. The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public.

(6) Violation of any condition of a variance by the facility 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 require strict enforcement of the rule.

(7) Any granted variance does not establish a precedent.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) made under s. 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § DOC 346.06 Records and reporting {#sec-doc-346.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.06}

(1) Register of youth. Each facility shall keep a register of all youth. The register shall contain identifying information on each youth including name, residence, age, gender, race, court order, time and cause of placement, placing authority, and time of release and releasing authority.

(2) Storage of records. Records shall be kept in a secure location and in a confidential manner.

(3) Reporting requirements. The facility shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occurs:

(a) A youth dies.

(b) A youth is admitted to a hospital.

(d) A youth escapes or attempts to escape from secure custody.

(e) There is significant damage to the facility affecting the safety or security of the facility.

(f) Any change in the facility housing designation in accordance with s. DOC 346.07 (2).

(4) Information. The facility shall promptly furnish to the department all requested information.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.07 Operational plan {#sec-doc-346.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.07}

(1) Before a facility may hold youth in secure custody, the facility shall develop a written operational plan which has been approved by the department under s. 938.22 (2) (a), Stats. The facility may not implement any plan until the department has approved the plan.

(2) The operational plan shall designate whether the facility will operate as a youth detention facility, the youth portion of a county jail, or the youth detention portion of a secured residential care center for children and youth.

(3) The operational plan shall contain policies and procedures for the operation of the facility. The policies and procedures shall include the standards set forth in ss. DOC 346.06 and DOC 346.12 to 346.48.

(4) The operational plan shall comply with the standards specified in this chapter.

(5) The facility shall implement the operational plan consistent with the requirements of this chapter.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter II Facility and Physical Environment

Wis. Admin. Code § DOC 346.08 Construction plans {#sec-doc-346.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.08}

(1) An entity that intends to build or remodel a facility shall file a letter of intent with the department before design development begins.

(2) An entity shall provide copies of original and updated construction plans of the area within the secure perimeter of the facility to the department.

(3) All sites, plans, and specifications for construction or remodeling of a facility shall comply with the Wisconsin Commercial Building Code under chs. SPS 361 to 366.

(4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.

(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.09 Physical environment of new or substantially remodeled youth detention facilities {#sec-doc-346.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.09}

(1) Applicability. This section applies only to youth detention facilities that are constructed or substantially remodeled on or after August 1, 2025.

(2) Furniture and fixtures. The following furniture and fixtures used in a facility shall be of detention-strength materials or be of secure type to ensure safety for staff and youth:

(a) Benches.

(b) Bolts.

(d) Ceilings.

(e) Clothing hooks.

(f) Contraband proof thresholds.

(g) Desks.

(h) Door frames.

(i) Door pulls.

(j) Doors.

(k) Drinking fountains.

(L) Floor drains.

(m) Food passes.

(n) Glazing.

(o) Grills over vents and windows.

(p) Hinges.

(q) Key cabinets.

(r) Lights.

(s) Locking mechanism housings.

(t) Mirrors.

(u) Observation ports.

(v) Screws.

(w) Seats.

(x) Security doors.

(y) Security locks.

(z) Security screens.

(za) Shelves.

(zb) Shower doors.

(zc) Showers.

(zd) Skylights.

(ze) Speaking ports.

(zf) Sprinkler heads.

(zg) Tables.

(zh) Toilets.

(zi) Urinals.

(zj) Walls.

(zk) Washbasins.

(zL) Window frames.

(zm) Windows.

(3) Youth housing.

(a) Sleeping rooms.

Except if par. (b) applies, each room shall be designed and used only for single occupancy.
Except if par. (b) applies, each room shall have a floor area of at least 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.
Each room shall have a bed.

(b) Double sleeping room.

A facility may use rooms for double occupancy.
Youth assigned to a double room shall meet the criteria under s. DOC 346.13 (1) (b).
Each double occupancy room shall have all of the following:

a. Floor area of at least 50 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.

b. A bed for each youth assigned to the room.

Youth assigned to a dormitory shall meet the criteria under s. DOC 346.13 (1) (b).
Each dormitory shall have a minimum floor area of 35 square feet of unencumbered space per youth assigned to the dormitory for sleeping purposes.
In addition, each dormitory shall have a minimum floor area of 35 square feet per youth assigned to the dormitory for the purpose of a dayroom.
Each dormitory shall have a floor to ceiling height of not less than 12 feet.
Each dayroom shall have tables and seating for the number of youth that have access to the dayroom.
A bed shall be provided for each youth assigned to the dormitory.
An area for personal property shall be provided for each youth assigned to the dormitory.
Each dormitory shall have toilets, washbasins, and showers for youth. Each dormitory shall have hot and cold running water.
All upper bunks shall be equipped with an anti-rollout plate.

(d) Dayrooms.

All sleeping rooms and dormitories shall have one or more dayrooms in their immediate vicinity that are accessible to youth.
Dayrooms shall provide a minimum of 35 square feet per youth that have access to the dayroom.
Each dayroom shall have tables and seating for the number of youth that have access to the dayroom.

(e) Toilets, washbasins, and showers.

The facility shall provide toilets, washbasins, and showers accessible for youth that meet all of the following conditions:

a. The washbasin and toilet may be combined in one unit.

b. The washbasin and shower shall have hot and cold running water.

c. The washbasin area shall include a mirror that is not removable.

The number of toilets and showers provided shall be in compliance with the Wisconsin Commercial Building Code under chs. SPS 361 to 366.
Toilets and showers shall provide for individual privacy.

(f) Lighting. Light fixtures shall provide at least 10 foot-candles of illumination, 30 inches above the floor. The facility shall have the ability to reduce lighting to allow for comfortable sleeping while remaining adequate for wellness checks.

(4) Receiving rooms.

(a) All receiving rooms shall be designed and used for single occupancy.

(b) Each receiving room shall have a floor area of at least 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

A bed.
A toilet and washbasin with hot and cold running water.
Light fixtures that provide at least 10 foot-candles of illumination, 30 inches above the floor. The facility shall have the ability to reduce lighting to allow for comfortable sleeping while remaining adequate for wellness checks.

(5) Holding rooms.

(a) A holding room shall have a minimum floor area of 50 square feet for 5 or fewer occupants and an additional 10 square feet for each additional occupant.

(b) Each holding room shall have all of the following:

Seats or benches.
A toilet and washbasin with hot and cold running water.
Light fixtures that provide at least 10 foot-candles of illumination, 30 inches above the floor.

(6) Multipurpose rooms.

(a) Each facility shall provide dedicated space for programming and services.

(b) Multipurpose rooms shall be of sufficient size to accommodate a variety of programming and services and shall have a minimum combined floor area of 300 square feet.

(7) Classroom space.

(a) Each facility shall provide dedicated classroom space to meet the educational needs of the youth population.

(b) Classroom space shall be designed in conformity with any state and local educational requirements.

(8) Quiet space.

(a) Each facility shall provide a dedicated quiet space that promotes a positive behavior adjustment opportunity for a youth.

(b) The quiet space shall not be locked or used for discipline.

(9) Indoor recreation space.

(a) Each facility shall provide a dedicated space for indoor exercise and recreation.

(b) The indoor recreation space shall be of sufficient size to accommodate a variety of individual and group aerobic and large-muscle exercise activities and physical education.

(10) Outdoor recreation space.

(a) Each facility shall provide a dedicated space for outdoor exercise and recreation to accommodate a variety of individual and group aerobic and large-muscle exercise activities and physical education.

(b) The space described in par. (a) must meet the following requirements:

Have a minimum of 70 square feet of unencumbered square feet per occupant.
Ensure the privacy of the youth.
Have a secure perimeter.
Have the ability to detect or deter contraband from entering the space.

(11) Healthcare space.

(a) Each facility shall provide dedicated space for healthcare.

(b) There shall be sufficient space, equipment, and supplies for the performance of health care services in a confidential manner.

(12) Food service space. A facility that prepares meals on-site shall have dedicated food service space.

(13) Receiving space.

(a) Each facility shall provide dedicated space for youth privacy during searches, showering, and processing.

(b) There shall be sufficient space for storage of clothing and property.

(14) Visitation space. Each facility shall provide dedicated visitation space.

(15) Exterior windows. Each window that leads to the exterior of the facility or to an area outside the secure perimeter of the facility must meet all of the following requirements:

(a) Have security glass of sufficient strength to resist breakage and maintain safety and security to prevent youth from harming themselves and others and to prevent escape.

(b) Be mounted in a detention-strength frame and designed to prevent escape and the passage of contraband.

(16) Interior windows. Each window within the secure perimeter of the facility must meet all of the following requirements:

(a) Have security glass of sufficient strength to resist breakage and maintain safety and security to prevent youth from harming themselves and others and to prevent escape.

(b) Be mounted in a detention-strength frame and designed to prevent escape and the passage of contraband.

(17) Exterior doors and approaches.

(a) Every door exit that leads to the exterior of the facility or to an area outside the secure perimeter shall have detention-strength framing and a threshold designed to prevent the introduction of contraband.

(b) Every door entering into the secure perimeter shall be of detention strength. Each of these doors shall have a vision panel or other means of observation to permit identification of individuals before they enter an area within the secure perimeter of the facility and to allow observation of an area before entering it.

(c) Each entry into and from the secure perimeter shall include a secure vestibule that promotes security by the use of 2 or more doors, with each door able to operate independently, used to contain and observe those who pass through the space.

(d) The exterior of the facility and approaches to the facility shall be well lighted at night to permit observations of persons approaching the facility.

(18) Interior doors.

(a) Every door in the secure perimeter shall be of detention strength.

(b) Each of these doors shall have a means of observation to permit identification of individuals before they enter or exit.

(19) Walls.

(a) Exterior walls shall be constructed of reinforced concrete or fully grouted concrete block of at least 8 inches thick, or the walls shall be constructed of materials of similar strength that provide equivalent security.

(b) Interior walls shall be constructed of reinforced concrete or fully grouted concrete block at least 6 inches thick, or the walls shall be constructed of materials of similar strength that provide equivalent security.

(20) Ceilings. Ceilings shall be constructed of high-impact detention-strength materials that are escape resistant, resist damage or breakage to prevent youth from harming themselves and others, and prevent passage of contraband.

(21) Access to controls. Youth shall not have unauthorized access to plumbing, wiring, vents, thermostats, or facility controls. Any youth accessible outlets shall be under facility control.

(22) Natural light.

(a) All youth housing areas shall provide youth with access to natural light.

(b) Artificial light may not be used as an alternative to the natural light requirements pursuant to the Wisconsin Commercial Building Code, chs. SPS 361 to 366.

(23) Intercom. Two-way audio communication capability shall be provided between any remotely controlled door and its control point.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (3) (e) (title) made under s. 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § DOC 346.10 Physical environment of juvenile detention facilities constructed or substantially remodeled on or after November 1, 2010 but prior to August 1, 2025 {#sec-doc-346.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.10}

(1) Applicability. This section applies only to juvenile detention facilities that are constructed or substantially remodeled on or after November 1, 2010 but prior to August 1, 2025.

(2) Juvenile housing.

(a) Each juvenile shall have a separate bunk or bed in a cell that meets the requirements of sub. (3) or (4) or in a dormitory that meets the requirements of sub. (5). A facility may not exceed its rated bed capacity.

(b) The total number of juveniles housed in double cells under sub. (4) and in dormitories under sub. (5) may not exceed 75 percent of the rated bed capacity of the facility.

(3) Cells.

(a) Unless sub. (4) applies, all cells for juveniles in a facility shall be designated and used for single occupancy only.

(b) Unless sub. (4) applies, cells shall have minimum floor area of 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength.
An unbreakable, institution-type mirror.
A detention-strength, metal, institution-type wash basin and toilet. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water.
A rigidly constructed shelf-type table and seat that are bracketed to the wall or bolted to the floor.
Unless sub. (4) applies, 2 or more nonremovable, collapsible, detention-strength clothing and towel hooks.
Light fixtures of detention strength and providing at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

(d) There shall be no exposed heating pipes, radiators or controls in cells.

(e) There shall be a release system designed to unlock cell doors individually and as a group from a single point outside the confinement area.

(4) Double celling.

(a) A juvenile detention facility may use cells for double occupancy. This section does not apply to a juvenile portion of a county jail.

(b) If a juvenile detention facility determines based on all the criteria under s. DOC 346.13 that placement of a juvenile in a double cell may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff or the community, the juvenile may not be placed in a double cell. If a juvenile detention facility determines based on all the criteria under s. DOC 346.13 that placement of 2 particular juveniles in a double cell may jeopardize the health or safety of either juvenile, other juveniles in the facility, staff, or the community, those juveniles may not be placed together in a double cell.

(c) In addition to the requirements for single occupancy cells under sub. (3) and before a cell may be used for double occupancy, all of the following conditions shall be met:

‘Minimum floor area.’

a. In juvenile detention facilities that are constructed or substantially remodeled between October 1, 1994, and November 1, 2010, a cell shall have a minimum floor area of 70 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

b. In juvenile detention facilities that were constructed before October 1, 1994, and have not been substantially remodeled after October 1, 1994, a cell shall have a minimum floor area of 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

c. In juvenile detention facilities that are constructed or substantially remodeled after November 1, 2010, a cell shall have a minimum floor area of 70 square feet of unencumbered space.

‘Receiving cells.’ Receiving cells may not be used for double occupancy.
‘Single occupancy cells.’ Each juvenile detention facility shall maintain a minimum of 2 cells that are designed and used for single occupancy only.
‘Double occupancy cells.’ A juvenile detention facility may not exceed 75% double occupancy of the total number of cells, excluding receiving cells and holding rooms.
‘Clothing hooks.’ Each cell shall contain a minimum of 2 nonremovable, collapsible, detention-strength clothing and towel hooks for each occupant.
‘Anti-rollout plates.’ For facilities constructed or substantially remodeled after November 1, 2010, all upper bunks shall be equipped with an anti-rollout plate.

(5) Dormitories.

(a) A juvenile detention facility may use dormitories in addition to cells for the secure detention of juveniles.

(b) Each dormitory shall be designed for a minimum of 3 and a maximum of 8 juveniles.

(c) If a juvenile detention facility contains one dormitory, it shall have a minimum of 2 cells designed and used for single occupancy.

(d) If more than one dormitory is built, the number of dormitory beds may not exceed 50 percent of the rated bed capacity of the juvenile detention facility.

(e) If, based on all the criteria under s. DOC 346.13, a juvenile detention facility determines that placement of a juvenile in a dormitory may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff, or the community, the juvenile may not be placed in a dormitory.

(f) Each dormitory shall have all of the following:

A minimum combined sleeping area and adjacent day room space of 70 square feet per juvenile based on rated bed capacity of the dormitory, excluding toilets, showers, and lavatories.
A minimum floor-to-ceiling height of 8 feet.
Non-locking doors on sleeping rooms, if separate sleeping rooms are provided.
Unrestricted physical access to the day room, lavatories, and toilets.
A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor for each juvenile based on the rated bed capacity of the dormitory.
For facilities constructed or substantially remodeled after November 1, 2010, all upper bunks equipped with an anti-rollout plate.
Detention-strength washbasins and toilets.
Unbreakable, detention-strength mirrors sufficient for the number of juveniles confined.
Detention-strength tables and seating in the day room based on the rated bed capacity of the dormitory.
Two nonremovable, collapsible, detention-strength clothing and towel hooks for each juvenile confined based on the rated bed capacity of the dormitory.
Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

(6) Day room.

(a) Each day room shall have all of the following:

A minimum floor area of 35 square feet for each juvenile based on the rated bed capacity of the adjacent group of cells. In addition, each day room shall have a minimum of 70 square feet of unencumbered space.
Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor.
Adequate furnishings and equipment for leisure time activities as required under this chapter.
Detention-strength tables and seating based on the rated bed capacity of the adjacent cells.

(b) There shall be in the day room no exposed heating pipes, radiators, or controls that are accessible to juveniles.

(7) Holding rooms.

(a) Holding rooms shall be located in an area that allows continuous staff observation or electronic video surveillance of juveniles.

(b) Each holding room shall have all of the following:

Detention-strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of similar strength.
A detention-strength, metal, institution-type wash basin and toilet.
A minimum floor area of 50 square feet of unencumbered space for 5 or fewer occupants and an additional 10 square feet of unencumbered space for each additional occupant.
Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor.

(d) Juveniles may not be held in a holding room for more than 24 continuous hours.

(e) Holding rooms outside the secure perimeter shall comply with the requirements of this section.

(8) Receiving cells.

(a) All receiving cells shall be designed and used for single occupancy.

(b) Each receiving cell shall have all of the following:

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of similar strength.
A detention-strength, metal, institution-type wash basin and toilet. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water.
Detention-strength light fixtures that provide at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.
A minimum floor area of 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

(d) Juveniles may not be held in a receiving cell for more than 72 continuous hours.

(9) Natural lighting. Cells under subs. (3) and (4) and dormitories under sub. (5) shall be provided with natural light in accordance with the International Building Code, s. 1204, as adopted by the department of safety and professional services under s. SPS 361.05 (1). Artificial light may not be used as an alternative to the natural light requirements under the International Building Code.

(10) Exterior windows.

(a) This subsection applies to all windows that lead to the exterior of the facility or to an area outside the secure perimeter of the facility.

(b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure perimeter of the facility from observing juveniles within the facility.

(c) Each exterior window that has an opening in any direction in excess of 51/2 inches shall be covered with security steel grills to prevent escape.

(d) If an exterior window is accessible to juveniles and opens, the window shall be mounted in a detention-strength frame and shall be covered on the inside with a 1,600 pound per lineal inch tensile strength security screen of .047 mil. wire diameter to prevent the passage of contraband.

(e) If an exterior window is not accessible to juveniles and opens, the screen shall have a tensile strength of at least 800 pounds per lineal inch and shall be made of wire of at least .028 mil. diameter.

(f) If an exterior window does not open, whether or not it is accessible to juveniles, the security screen required under par. (d) or (e) may be omitted if the window is mounted in a detention-strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

(11) Showers. There shall be at least one shower for every 8 juveniles. There shall be an adequate supply of hot and cold water so that juveniles shall be permitted to shower on a daily basis.

(12) Multi-purpose space. Facilities shall contain multi-purpose space which shall have a minimum of 300 square feet of floor area or provide 35 square feet of floor area for the maximum number of juveniles expected to use the space at one time, whichever is greater.

(13) Classroom space. For juvenile detention facilities that are constructed or substantially remodeled after November 1, 2010, there shall be classroom space designed in conformity with local or state educational requirements.

(14) Health care area. If medical or dental services are provided in the facility, there shall be sufficient space, equipment, supplies and materials for the performance of primary health care delivery in a confidential and private manner. The superintendent shall consult with the health care provider to determine the adequacy of the space, equipment, supplies, and materials.

(15) Outdoor recreation space.

(a) If provided, there shall be a minimum of 70 square feet of outdoor recreational space per occupant.

(b) The operational plan under s. DOC 346.07 shall contain policies and procedures for the safe and secure use of outdoor recreational space.

(16) Storage space.

(a) Sufficient space shall be provided in the facility to store and issue clothing, bedding, cleaning supplies, and other items for daily operations.

(b) Space shall be provided for storing the personal property of juveniles safely and securely.

(17) Visiting space. Sufficient space for visitation shall be provided.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) (c) (intro.) made under s. 35.17, Stats. Register July 2025 No. 835.

Wis. Admin. Code § DOC 346.11 Physical environment of juvenile detention facilities constructed on or after October 1, 1994, but prior to November 1, 2010 {#sec-doc-346.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.11}

(1) Applicability. This section applies only to juvenile detention facilities that are constructed on or after October 1, 1994 but prior to November 1, 2010.

(2) Juvenile housing.

(b) The total number of juveniles housed in double cells under sub. (4) and in dormitories under sub. (5) may not exceed 75% of the rated bed capacity of the facility.

(3) Cells.

(a) Except if sub. (4) applies, all cells for juveniles in a facility shall be designated and used for single occupancy only.

(b) Except if sub. (4) applies, cells shall have minimum floor area of 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

(c) Except if sub. (4) applies, each cell shall contain a rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor.

(d) Mattresses and pillows shall be available where there is need for overnight detention.

Mattresses and pillows shall be made of fire-resistant material, shall be covered with fire retardant, waterproof, and easy-to-sanitize material, and shall be kept in good repair.
Suppliers of mattresses and pillows shall provide information giving evidence of the fire retardant and waterproof capabilities of their product.
Mattresses shall be at least 3 inches in thickness and be of proper size to fit the bunks or beds.

(e) An unbreakable, institution-type mirror shall be provided in each cell.

(f) A detention-strength, metal, institution-type wash basin and toilet shall be provided in each cell. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water.

(g) A rigidly constructed shelf-type table and seat that are bracketed to the wall or bolted to the floor shall be provided in each cell.

(h) Except if sub. (4) applies, 2 or more non-removable, collapsible, detention-strength clothing and towel hooks shall be provided in each cell.

(i) All facilities shall have a system for emergency unlocking of individual or all cell doors from a single point outside the confinement area.

(j) There shall be no exposed heating pipes, radiators, or controls in cells.

(k) Light fixtures shall be detention strength and shall provide at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

(4) Double celling.

(a) A secure detention facility may use cells for double occupancy. This section does not apply to a juvenile portion of a county jail.

(b) If, based on all criteria under s. DOC 346.13, a secure detention facility determines that placement of a juvenile in a double cell may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff or the community, the juvenile may not be placed in a double cell. If, based on all the criteria under s. DOC 346.13, a secure detention facility determines that placement of 2 particular juveniles in a double cell may jeopardize the health or safety of either juvenile, other juveniles in the facility, staff or the community, those juveniles may not be placed together in the double cell.

(c) In addition to the requirements for single occupancy cells under subs. (2) and (3) and before a cell may be used for double occupancy, all of the following conditions shall be met:

‘Minimum floor area.’

a. In secure detention facilities that are constructed or substantially remodeled on or after October 1, 1994, a cell shall have a minimum floor area of 70 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

b. In secure detention facilities that were constructed before October 1, 1994, and have not been substantially remodeled after October 1, 1994, a cell shall have a minimum floor area of 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

‘Receiving cells.’ Receiving cells may not be used for double occupancy.
‘Single occupancy cells.’ Each secure detention facility shall maintain a minimum of 2 cells which are designed and used for single occupancy only.
‘Double occupancy cells.’ A secure detention facility may not exceed 75 percent double occupancy of the total number of cells, excluding receiving cells and holding rooms.
‘Clothing hooks.’ Each cell shall contain a minimum of two nonremovable, collapsible, detention-strength clothing and towel hooks for each occupant.

(5) Dormitories.

(a) A secure detention facility may use dormitories in addition to cells for the secure detention of juveniles. Each dormitory shall be designed for a minimum of 3 and maximum of 8 juveniles. If a secure detention facility contains one dormitory, it shall have a minimum of 2 cells designed and used for single occupancy. If more than one dormitory is built, the number of dormitory beds may not exceed 50 percent of the rated bed capacity of the secure detention facility.

(b) If, based on all the criteria under s. DOC 346.13, a secure detention facility determines that placement of a juvenile in a dormitory may jeopardize the health or safety of the juvenile, other juveniles in the facility, staff or the community, the juvenile may not be placed in a dormitory.

A minimum combined sleeping area and adjacent day room space of 70 square feet per juvenile based on rated bed capacity of the dormitory, excluding toilets, showers, and lavatories.
A minimum floor to ceiling height of 8 feet.
Non-locking doors on sleeping rooms, if separate sleeping rooms are provided.
Unrestricted, physical access to the day room, lavatories, and toilets.
A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor for each juvenile based on the rated bed capacity of the dormitory.
Detention-strength wash basins and toilets.
Unbreakable, detention-strength mirrors sufficient for the number of juveniles confined.
Detention-strength tables and seating in the day room based on the rated bed capacity of the dormitory.
Two nonremovable, collapsible, detention-strength clothing and towel hooks for each juvenile confined based on the rated bed capacity of the dormitory.
Light fixtures shall be detention strength and shall provide at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

(6) Day room. Each day room shall have a minimum floor area of 35 square feet for each juvenile based on the rated bed capacity of the adjacent group of cells. In addition, each day room shall have a minimum of 70 square feet of unobstructed floor area.

(a) There shall be no exposed heating pipes, radiators, or controls.

(b) Light fixtures shall be detention strength and shall provide at least 30 foot-candles at 30 inches above the floor.

(d) The day room shall have detention-strength tables and seating based on the rated bed capacity of the adjacent cells.

(7) Showers. There shall be at least one shower for every 8 persons and an adequate supply of hot and cold water so that all juveniles may shower every day.

(8) Multi-purpose space. Facilities shall contain multi-purpose space that shall have a minimum of 300 square feet of floor area or provide 35 square feet of floor area for the maximum number of juveniles expected to use the space at one time, whichever is greater.

(9) Exterior windows.

(a) This subsection applies to all windows that lead to the exterior of the facility or to an area outside the secure perimeter of the facility.

(b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure perimeter of the facility from observing juveniles within the facility.

(c) Each exterior window that has an opening in any direction in excess of 5 ½ inches shall be covered with security steel grills to prevent escape.

(e) If an exterior window is not accessible to juveniles and opens, the window’s security screen need not meet the requirements of par. (d), but the screen shall have a tensile strength of at least 800 pounds per lineal inch and shall be made of wire of at least .028 mil. diameter.

(10) Receiving cells.

(a) All receiving cells shall be designed and used for single occupancy.

(b) Each receiving cell shall have a minimum floor area of 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of similar strength.
A detention-strength, metal, institution-type wash basin and toilet. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water.
Light fixtures that are detention strength and provide at least 30 foot-candles at 30 inches above the floor. Lights shall have a dimming capability or there shall be a nightlight to allow for comfortable sleeping. There shall be enough illumination for observation of juveniles during security checks.

(11) Holding rooms.

(a) Holding rooms shall only be used for admission, release, investigative purposes, and court appearances. Holding rooms shall be located in an area that allows continuous staff observation or electronic video surveillance of juveniles.

(b) Holding rooms may be designed and used for multiple occupancy for juveniles of the same classification.

Detention-strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of similar strength.
A detention-strength, metal, institution-type wash basin and toilet.
A minimum floor area of 50 square feet with an additional 10 square feet for each occupant above 5.
Light fixtures shall be detention strength and shall provide at least 30 foot-candles at 30 inches above the floor.

(12) Existing facilities. Existing juvenile portions of a county jail shall continue to meet the physical requirements for adult jails established in ch. DOC 350.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter III Admission and Release

Wis. Admin. Code § DOC 346.12 Admission and screening {#sec-doc-346.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.12}

(1) No youth may be admitted unless the facility is approved by the department.

(2) An approved facility shall receive youth 24 hours a day, 7 days a week.

(3) A youth who appears to be seriously ill or injured, who exhibits significant mental or emotional distress, or who appears intoxicated or incapacitated due to controlled substance or alcohol use may not be confined in the facility unless a qualified health care professional or qualified mental health professional has treated and approved the youth for admission.

(4) The facility’s admission procedure shall include a process for determining if a youth is limited-English proficient.

(5) The facility shall have appropriate and reliable interpretation services available for limited-English proficient youth and youth who are deaf or hard of hearing.

(6) Upon admission, the facility shall complete a health screening under s. DOC 346.19.

(7) Upon admission, youth shall receive both a written and verbal or video orientation to facility rules and procedures, including the grievance procedure. Staff shall document the youth’s receipt of these materials.

(8) Following admission, each youth shall be provided the opportunity to shower as soon as practicable.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.13 Classification {#sec-doc-346.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.13}

(1) Objective classification system.

(a) The facility shall establish and maintain an objective classification for youth for the protection and safety of youth, staff, and the community.

(b) The classification system shall identify specific criteria for the exclusion of youth from being housed in a double occupancy room under s. DOC 346.09 (3) (b) or dormitory under s. DOC 346.09 (3) (c).

(c) Staff completing the youth classification shall be trained on the use of the objective classification system in par. (a).

(2) Classification of youth. Following a youth’s admission and prior to room assignment, the facility shall do all of the following:

(a) Complete the youth classification.

(b) Document the classification decision.

(3) Reclassification of youth. Reclassification may occur when there has been a change in a youth’s behavioral management.

(4) Review. All classification and reclassification decisions shall be reviewed and documented by a supervisor or designee as soon as practicable.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.14 Release {#sec-doc-346.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.14}

The facility shall have written policies and procedures relating to the release of youth.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter IV Staffing

Wis. Admin. Code § DOC 346.15 Staffing {#sec-doc-346.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.15}

The facility shall develop, implement, and document a staffing plan that identifies and provides for sufficient staff at the facility to provide adequate and continuous supervision of youth that includes all of the following:

(1) There shall be no less than one officer supervising a maximum of 15 youth in the living area.

(2) There shall be no less than 2 officers on duty in the facility at any time when youth are present.

(3) Whenever there is a youth in the facility, at least one staff member of the same gender as the youth is on duty in the living area.

(4) No officer responsible for supervision of youth may have responsibility for supervision of adult inmates in a county jail during the same work shift.

(5) A supervisor or designee physically on site during every shift at the facility.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.16 Training {#sec-doc-346.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.16}

(1) Orientation. Before a new staff member is permitted to work independently with youth, the facility shall provide at least 40 hours of orientation training for the new staff member that includes all of the following areas:

(a) Facility policies and procedures.

(b) Facility operations and facility emergencies.

(d) Youth grievance procedures under s. DOC 346.34.

(e) First aid and use of emergency equipment.

(f) Suicide and self-harm prevention.

(g) Health screening and medications.

(h) Use of restraints and control devices.

(i) Supervision of youth.

(2) Annual training. Security staff shall receive at least 16 hours of annual training on the care and

(a) Mental health and crisis intervention.

(b) Health screenings.

(d) Fire safety equipment and evacuation procedures.

(3) Documentation. All staff training shall be documented.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter V Food Service and Nutrition

Wis. Admin. Code § DOC 346.17 Food service {#sec-doc-346.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.17}

(1) Sanitation. The kitchen area and all equipment shall be maintained in a sanitary condition.

(2) Food safety.

(a) Food items shall be stored at least 6 inches off the floor. Opened food packages shall be stored in airtight containers that are labeled and dated. Food items shall be stored in appropriate locations and temperatures.

(b) All persons who work in food service areas shall wear clean garments and clean caps or hairnets and shall keep their hands clean at all times when engaged in the handling of food, drink, utensils, or equipment.

(c) Food and drink shall be protected from contamination. Meals shall be covered during transit to and within the facility.

(d) Food temperature shall be properly maintained and documented daily.

(e) Kitchen storage and dishwashing equipment temperatures shall be monitored and documented daily.

(f) Garbage containers shall be covered, emptied daily, and kept clean.

(g) Cleaning agents shall be stored separately from food service items.

(3) Inventory. There shall be a documented inventory accounting for all sharps, tools, and utensils at all times.

(4) Inspection.

(a) Internal monthly inspection of all food service areas shall be conducted and documented.

(b) Annual inspection of all full-production and service kitchens by a qualified, independent outside source documenting that the food service area meets applicable health and safety codes shall be conducted.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.18 Meals {#sec-doc-346.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.18}

(1) The facility shall provide nutritious and quality food for all youth.

(2) The facility shall develop menus that satisfy generally accepted nutritional standards.

(3) An annual menu review by a qualified nutritionist or dietician shall be completed and maintained in the facility files. Any change or substitution to the menu shall be documented.

(4) A youth may abstain from any foods that violate the youth’s religion. Consistent with available resources, the facility shall provide a substitute with other available foods from the menu served at the meal. The substitutions shall be consistent with sub. (2).

(5) Special diets are provided as prescribed by a qualified health care professional.

(6) Youth shall receive 3 nutritious meals and a snack daily, with no more than 14 hours between the evening meal and breakfast. Two of the meals shall be hot, including the entrée.

(7) Youth shall eat meals in a cafeteria or common area unless approved by a supervisor or designee.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter VI Health and Mental Health Care

Wis. Admin. Code § DOC 346.19 Health screening {#sec-doc-346.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.19}

(1) The facility shall use a health screening form that is developed in conjunction with qualified health care professionals and is completed at the time of admission for each youth to record information about current and past medical, mental health, and dental conditions, physical and developmental disabilities, recent injuries or physical trauma, alcohol or other drug abuse problems, and suicide or self-harm risk. The completion of a health screening form upon admission of youth shall be documented.

(2) A youth whose screening under sub. (1) is not completed within one hour of admission shall be under constant staff supervision until the screening is completed. Section DOC 346.23 applies if a youth screens positive for risk of suicide or self-harm.

(3) The health screening shall be conducted in a confidential setting.

(4) If urgent concerns are identified during the health screening, referrals to medical, mental health, or supervisory staff shall be immediate.

(5) A qualified health care professional shall review the health screening within 72 hours. The review shall be documented.

(6) Documentation of health screening results and subsequent review of the health screening form shall be maintained in the youth’s confidential file.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.20 Health care assessment {#sec-doc-346.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.20}

(1) All youth shall receive a full health care assessment by a qualified health care professional within 7 days of admission.

(2) The assessment shall be documented.

(3) Documentation of health care assessment results shall be maintained in the youth’s confidential medical record.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.21 Medical care {#sec-doc-346.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.21}

(1) The facility shall provide youth with necessary medical care while the youth is in custody.

(2) The facility shall provide youth with a schedule of access to medical care to be provided under sub. (1).

(3) The facility shall provide access to emergency medical and dental services.

(4) All licensed or certified health care professionals shall provide services in accordance with the standards of practice established by the applicable regulatory body.

(5) Health care staff shall be in compliance with state and federal licensure certification and registration. Verification of compliance shall be maintained at the facility.

(6) A youth may refuse specific health evaluations and treatments in accordance with applicable federal and state law. All refusals shall be documented and maintained in the youth’s confidential medical record.

(7) The facility shall allow for submission and screening of medical requests on a daily basis.

(8) The facility’s provision of medical care shall ensure access to all of the following:

(a) Pregnancy management.

(b) Acute and chronic medical conditions management.

(d) Detoxification and withdrawal care.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.22 Mental health care {#sec-doc-346.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.22}

(1) The facility shall provide youth with necessary mental health services from a qualified mental health professional while the youth is in custody.

(2) Licensed mental health professionals shall be in compliance with state and federal licensure certification and registration. Verification of compliance shall be maintained at the facility.

(3) The facility shall have a schedule of access to on-site mental health care services.

(4) The facility shall provide access to emergency mental health care.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.23 Suicide and self-harm prevention {#sec-doc-346.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.23}

(1) Risk of suicide or self-harm. The facility shall do all of the following:

(a) Obtain documented information from a transporting agency’s observation pertaining to a youth’s mental health and potential for suicide or self-harm.

(b) Require staff to immediately notify qualified medical and mental health professionals of all incidents of self-harm or attempted self-harm. The notification and incident shall be documented.

(c) Require staff to immediately notify qualified medical and mental health professionals of youth who have communicated having ideation, plan, or intent to engage in self-harm or suicide. The notification and incident shall be documented.

(2) Suicide or self-harm watch. The facility shall do all of the following:

(a) Identify designated supervisory staff to be notified if a youth is determined to be a suicide or self-harm risk.

(b) Designate areas within the facility and provide security precautions for youth who are placed on suicide or self-harm watch.

(c) Establish monitoring procedures for youth on suicide or self-harm watch, including frequency and documentation of wellness checks under s. DOC 346.39.

(3) Youth supervision. The facility shall do all of the following:

(a) Identify staff who may initiate a suicide or self-harm watch.

(b) Require notification to qualified mental health professionals when the youth is placed on suicide or self-harm watch. Assessment by a qualified mental health professional shall be completed as soon as practicable.

(c) Identify qualified mental health professionals who are authorized to remove a youth from a suicide or self-harm watch status after an in-person assessment.

(d) Establish requirements for the frequency of communication between health care and facility staff regarding the status of a youth who is on suicide or self-harm watch.

(e) Establish an intervention protocol during an apparent suicide or self-harm attempt, including life-sustaining measures.

(f) Identify persons to be notified in case of attempted or completed suicides or self-harm.

(4) Documentation. The facility shall document actions taken and decisions made regarding youth who are at risk of attempting suicide or self-harm, including all of the following:

(a) Individual initiating the suicide or self-harm watch.

(b) Date and time watch was initiated.

(d) Date, time, and name of supervisor contacted.

(e) Date and time of referral to a qualified mental health professional.

(f) Written documentation from the qualified mental health professional removing a youth from a suicide or self-harm watch including name, date, and time.

(5) Support services. The facility shall provide access to debriefing and support services for youth and staff following a suicide or self-harm incident.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.24 Medications {#sec-doc-346.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.24}

(1) The facility shall comply with state and federal law regarding procuring, prescribing, dispensing, delivering, administering, and disposing of prescription and nonprescription medications.

(2) All medications brought into the facility shall be verified, inventoried, and maintained in a designated secure storage area.

(3) Designated trained staff may administer or deliver prescribed doses of medication at prescribed times.

(4) Prescription and nonprescription medication administered or delivered to a youth shall be documented, including who prescribed the medication, who administered or delivered the medication, and the date and time of administration or delivery.

(5) All refusals of recommended or prescribed medications by a youth shall be documented.

(6) All medication errors shall be documented.

(7) The facility shall inventory and return or dispose of unused medications upon the youth’s release or transfer.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.25 Medical records {#sec-doc-346.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.25}

(1) Youth medical records shall be kept separate from other records, including custodial records, and shall be maintained in a confidential manner in accordance with ss. 146.81 to 146.83, Stats., and other applicable state or federal laws.

(2) Records shall be securely maintained and accessible only by designated staff.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (2) made under s. 35.17, Stats., Register July 2025 No. 835.

Subchapter VII Resources for Youth

Wis. Admin. Code § DOC 346.26 Clothing, towels, and bedding {#sec-doc-346.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.26}

(1) Clothing.

(a) If youth are not permitted to wear personal clothing, all of the following shall be provided upon admission:

A set of clean clothing.
Clean socks and undergarments.
Clean footwear.

(b) Clothing shall be laundered at a minimum of 2 times per week, and on a more frequent basis as needed.

(2) Towels and bedding.

(a) Staff shall provide each youth with a clean towel and washcloth daily.

(b) Staff shall provide each youth with clean bed linens at least once per week.

(3) mattresses and pillows.

(a) Staff shall provide each youth with a clean mattress and pillow.

(b) Each mattress and each pillow shall be covered with a fire retardant, waterproof, easy-to-sanitize material.

(c) Mattresses and pillows shall be kept in good repair and in a clean and sanitary condition. Staff shall repair or remove from circulation any mattresses with holes or cracks.

(d) Mattresses and pillows shall be cleaned and sanitized before reissue.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.27 Commissary services {#sec-doc-346.27 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.27}

If a facility provides commissary, vending or other similar services for youth, the facility shall have policies and procedures relating to these services.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.28 Mail {#sec-doc-346.28 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.28}

(1) The facility shall not limit the amount of correspondence sent and received by youth.

(2) The facility shall deliver incoming mail to youth on the same day that it is received at the facility.

(3) Outgoing youth mail shall be posted daily excluding weekends and holidays.

(4) Appropriate writing materials shall be provided to youth upon request.

(5) Postage for a minimum of 2 non-privileged letters a week shall be provided for each youth.

(6) Postage for privileged mail may not be limited.

(7) The facility shall establish parameters for inspecting privileged and non-privileged mail.

(8) If mail is withheld, staff shall inform the youth and document the date, time, reason, and disposition.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.29 Communication {#sec-doc-346.29 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.29}

(1) Upon admission, youth shall be given an opportunity as soon as possible to communicate with social supporters.

(2) Youth shall have the opportunity to communicate with approved individuals external to the facility no less than once per day.

(3) The facility may not charge youth to communicate.

(4) The facility shall make accommodations for youth with hearing or speech disabilities or limited-English proficiency.

(5) If external communication is withheld or monitored, the facility shall inform the youth and document the date, time, and reason.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.30 Visitation {#sec-doc-346.30 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.30}

(1) The facility shall provide visitation hours sufficient to accommodate daily contact visits with approved social supporters.

(2) Professional visits shall be allowed during reasonable hours as long as security and routine are not unduly interrupted.

(3) The facility shall establish procedures for requesting visitation outside of normal visiting hours.

(4) The facility shall post visitation policies and procedures, including visitation schedule, in a place readily accessible to visitors and youth.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.31 Publications {#sec-doc-346.31 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.31}

(1) The facility shall provide access to reading materials of general interest.

(2) The facility may not limit access to reading materials except when reasonably related to the security of the facility.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.32 Religious practices {#sec-doc-346.32 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.32}

(1) Youth shall have the opportunity to participate in religious practices, services, and programming.

(2) The facility shall have a process for youth to request items related to their religious practice.

(3) The facility shall notify youth of the schedule of religious services available.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.33 Legal access {#sec-doc-346.33 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.33}

The facility shall provide youth access to the courts, attorneys, and legal materials and research.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.34 Grievance procedure {#sec-doc-346.34 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.34}

(1) The facility shall provide all youth with access to a grievance procedure that includes at least one level of appeal.

(2) The facility shall provide a process by which youth can submit grievances in a confidential manner that is only accessible by a supervisor or designee.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter VIII Programs and Services.

Wis. Admin. Code § DOC 346.35 General {#sec-doc-346.35 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.35}

The facility shall do all of the following:

(1) Provide for use of community resources, contract providers, and volunteers.

(2) Notify youth of availability, eligibility, and schedules for programs and services.

(3) Conduct criminal background checks on all volunteers, community resources, and contract providers.

(4) Provide orientation and training on facility operations for all volunteers.

(5) Youth are not required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the facility or grounds, personal hygienic needs, or part of an approved training or community service program.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.36 Education {#sec-doc-346.36 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.36}

The facility shall do all of the following:

(1) Provide educational programming for youth consistent with the requirements of the department of public instruction.

(2) Ensure that youth have access to education, as provided by the school district in which the facility is located.

(3) Notify the school district in which the facility is located when youth are placed in the facility.

(4) Document on a daily basis all of the following:

(a) Number of hours of instruction by a teacher.

(b) Number of youth receiving instruction.

(d) Names of youth who were unable to participate and the reasons for the inability.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.37 Leisure activities, recreation, and exercise {#sec-doc-346.37 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.37}

(1) Leisure activities. The facility shall offer youth a range of leisure activities.

(2) Recreation. The facility shall do all of the following:

(a) Have a supervised and scheduled recreation and exercise program.

(b) Ensure all youth have access to at least one hour of large muscle exercise every weekday and at least 2 hours of large muscle exercise each Saturday and Sunday in a space outside of their own rooms.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter IX Safety and Security

Wis. Admin. Code § DOC 346.38 Security practices {#sec-doc-346.38 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.38}

(1) Key control.

(a) All keys assigned to staff shall be stored in a secure area when not in use. All keys must be accessible in the event of an emergency.

(b) All keys assigned to staff shall be inventoried and documented at shift change.

(d) Keys issued to youth shall be inventoried when issued and returned.

(2) Weapons control.

(a) The facility shall establish protocols for the introduction, availability, inventory, and storage of any security control devices and specify the level of authority required for access and use.

(b) Firearms are not permitted in the facility except when brought in by law enforcement in emergency situations.

(3) Tool control. Tool control shall include the introduction, use, storage, and inventory of all tools brought in the facility or stored on-site.

(4) Searches.

(a) Youth.

Searches shall not be conducted as a form of harassment, punishment, or discipline.
Searches of youth, except in exigent circumstances, shall be conducted by a staff member of the same gender as the youth.
Body cavity searches shall be conducted by a qualified health care professional.
The facility shall document the reason for all youth strip, body cavity, and cross-gender pat down searches and any items discovered through the search.
All youth strip, body cavity, and cross-gender pat down searches shall require the documented approval of a supervisor or designee.

(b) Visitors. The facility shall develop protocols for the searching of visitors and their possessions.

(c) Facility. At a minimum, monthly facility searches of all youth accessible areas shall be conducted and documented to control the existence of contraband.

(5) Door and lock inspections. Staff shall conduct and document monthly inspections of all doors and locks within and to the secure perimeter of the facility to determine if they are in good working order.

(6) Facility repair. Any damage to the facility that compromises safety or security shall promptly and securely be repaired.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.39 Observation of youth {#sec-doc-346.39 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.39}

(1) The facility shall have a system for providing wellness checks of youth. All youth shall be personally observed by facility security staff at staggered intervals not to exceed any of the following:

(a) Thirty minutes for youth in the general population.

(b) Fifteen minutes for any of the following:

Youth on a suicide or self-harm watch.
Youth in administrative confinement.
Youth in a receiving room or holding room.
Youth voluntarily requests.
Youth in room restriction.

(c) Staff shall provide continuous personal observation when a youth is mechanically restrained for non-routine purposes.

(2) Each wellness check shall be documented.

(3) A video monitoring system may be used to supplement but not replace personal observations.

(4) The facility shall conduct and document formal physical counts of youth at least 3 times per day, with a minimum of one count per shift.

(5) The facility shall ensure there is no physical or visual contact between youth and adult inmates.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.40 Administrative confinement {#sec-doc-346.40 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.40}

(1) Administrative confinement may only be used for the following reasons:

(a) A youth poses a serious risk of imminent physical harm to themselves, another person, or property.

(b) A youth threatens the security and order of the facility.

(2) The facility shall designate on-site supervisory staff who may initiate and remove youth from administrative confinement.

(3) A youth’s progress in administrative confinement shall be reviewed by a supervisor or designee at least once a shift. Each review shall be documented.

(4) If the supervisor or designee determines the youth no longer poses a risk under sub. (1), the youth must be immediately returned to the general population.

(5) The facility shall notify the following individuals of an administrative confinement placement as soon as practicable:

(a) Superintendent or supervisory designee.

(b) A qualified mental health professional.

(d) Affected facility staff.

(e) The youth’s parent or guardian.

(f) The county or tribe of placement.

(6) The facility shall document all actions and decisions regarding youth in administrative confinement including:

(a) Date, time, and name of supervisor making placement.

(b) Reason placement is initiated.

(d) Date, time, and name of supervisor or supervisory designee removing placement.

(7) At least quarterly, the facility shall review the use of administrative confinement. The review shall be documented and include:

(a) Identification of any patterns indicated by similarities in the time of day, day of the week, duration of use, individuals involved, or other factors associated with the use of administrative confinement.

(b) Actions needed to correct identified deficiencies in the facility’s implementation of administrative confinement.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.41 Use of force {#sec-doc-346.41 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.41}

(1) General provisions.

(a) Force may be used as a last resort and in accordance with appropriate statutory authority.

(b) Staff may only use the amount of force reasonably necessary to achieve the objective for which force is used.

(c) Staff shall only use force by employing the least restrictive appropriate means and only for the amount of time necessary to bring the situation under control.

(d) Using force for punishment, discipline, retaliation, or as a substitute for treatment is prohibited.

(2) Incident reporting.

(a) Any staff member who uses force or witnesses a use of force shall submit a written report describing the incident to their supervisor for review. The report shall include all known relevant facts and be submitted by the end of the shift.

(b) A supervisor shall document the review of all use of force incidents.

(d) Facility procedures shall address the role, notification, and follow-up of qualified health care and mental health professionals following use of force incidents.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.42 Use of mechanical restraints {#sec-doc-346.42 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.42}

(1) Mechanical restraints may only be applied to youth if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to themselves or others, or damage to property.

(2) Mechanical restraints must be removed immediately upon the youth regaining composure and when the threat of harm or the safety concern has abated.

(3) Mechanical restraints may never be used as punishment.

(4) When a youth is mechanically restrained for non-routine purposes, the incident reporting procedure outlined in s. DOC 346.41 (2) shall apply. Documentation shall include the reason for use, duration of use, corresponding continuous personal observation and wellness checks required under s. DOC 346.39 (1) (c) and (2).

(5) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth.

(6) Observations of the youth’s behavior and any staff interventions shall be documented at least once every 15 minutes, with the actual time of the observation or intervention recorded.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) made under s. 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § DOC 346.43 Fire safety and emergency preparedness {#sec-doc-346.43 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.43}

(1) The facility shall comply with applicable federal, state, and local fire safety codes.

(2) The facility shall have and shall properly maintain self-contained breathing apparatuses and fire extinguishers sufficient to support the need of the facility as determined by the local fire department. The facility shall place the equipment in accordance with the advice of the local fire department.

(3) The facility shall maintain a record of all fire inspections conducted as required under sub. (1).

(4) Staff shall conduct and document monthly fire inspections of the facility.

(5) A written fire evacuation plan shall be developed and maintained in accordance with recommendations from the local fire department. The evacuation routes developed as a part of the evacuation plan shall be posted in a conspicuous place for staff.

(6) Fire drills shall be conducted at least quarterly on each shift and documented.

(7) The facility shall develop and maintain an emergency operations procedure. The procedure shall be readily accessible for staff to reference and shall include instructions for all of the following:

(a) Major disturbances.

(b) Natural disasters.

(8) First aid kits and other emergency response equipment shall be available in designated areas of the facility. Inventories shall be conducted and documented monthly.

(9) The facility shall have access to an alternate power source to maintain essential services in an emergency. Quarterly tests of the alternate power source shall be conducted and documented.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter X Behavior Management

Wis. Admin. Code § DOC 346.44 Discipline {#sec-doc-346.44 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.44}

(1) At the time of admission, each youth shall be notified of and provided access to the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Documentation of the youth’s receipt of the facility rules shall be maintained.

(2) The facility shall have a graduated array of dispositions to address youth rule violations.

(3) Disciplinary action shall be determined on an individual basis. Staff shall not use group punishment as a sanction for the negative behavior of an individual youth.

(4) Youth may not administer rule violation dispositions.

(5) Staff may consider whether a youth’s disability, mental illness, special education status, or limited-English proficiency status contributed to the behavior when assigned consequences for violations of the facility’s rules.

(6) Staff may restrict a youth’s privileges for a rule violation if all of the following occur:

(a) The youth is given the opportunity to explain the circumstances of the alleged violation. The youth’s statement or refusal shall be documented.

(b) The supervisor or their designee documents their review of the rule, the violation, the youth’s statement and the restriction within 24 hours of the rule violation.

(7) Dispositions may not include any of the following:

(a) Withholding of basic necessities such as food, water, toilet, clothing, sleep, or the use of materials necessary to maintain a basic level of personal hygiene.

(b) Denial of access to religious worship, attorneys, privileged mail, courts, legislators, and medical and mental health services.

(d) Corporal punishment.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (6) (b) made under s. 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § DOC 346.45 Disciplinary procedures {#sec-doc-346.45 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.45}

(1) A staff member who observes a youth committing a rule violation shall inform the youth of the rule that was violated and the disciplinary procedure.

(2) A staff member shall offer the youth the opportunity to provide a statement. Staff shall document the youth’s statement or their refusal to provide a statement.

(3) Staff shall inform the youth that the disciplinary report and statement will be forwarded to the supervisor or designee within 24 hours of the rule violation.

(4) An impartial supervisor, who has not personally observed, been a part of, or investigated the incident, shall do the following:

(a) Review the disciplinary report and the youth’s statement, render a decision, and notify the youth within 24 hours of receipt of the report.

(b) Document their review.

(5) The youth shall be notified of their right to appeal the supervisor’s decision and the facility’s procedure for making an appeal.

(6) The youth may appeal the decision within 24 hours of receipt of the decision.

(7) The youth shall receive a written decision no later than 24 hours after receipt of an appeal.

(8) The facility shall document information on each rule violation by a youth, each disciplinary action taken by the facility, and each appeal. The documentation shall be maintained in the youth’s record.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.46 Review of behavior management {#sec-doc-346.46 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.46}

At least quarterly, the facility shall review the use of behavior management and document this review. The review shall include:

(1) Identification of any patterns indicated by similarities in the time of day, day of the week, duration of the use of procedure, individuals involved, or other factors associated with the use of discipline.

(2) Actions needed to correct identified deficiencies in the facility’s implementation of youth discipline.

(3) A review of current options available for addressing and supporting behavior management.

(4) An assessment of opportunities missed to avoid the use of room confinement and proposed actions to be taken to minimize the use of room confinement.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter XI Hygiene and Sanitation

Wis. Admin. Code § DOC 346.47 Hygiene {#sec-doc-346.47 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.47}

The facility shall do all of the following:

(1) Permit youth to shower at least once per day.

(2) Provide hygiene and toiletry supplies sufficient for maintenance of cleanliness of the youth including toothpaste, toothbrush, soap and shampoo, shaving materials, comb or hair brush, and feminine hygiene materials.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.48 Sanitation {#sec-doc-346.48 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.48}

(1) Vermin and pests shall be controlled with a documented program. Containers of poisonous compounds used for exterminating rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware in a locked area not accessible to youth.

(2) The facility shall provide youth access to cleaning materials daily.

(3) Tables used for common use and meals shall be kept sanitized.

(4) Staff shall conduct and document monthly safety and sanitation inspections of the facility.

(5) Common use grooming tools shall be disinfected and cleaned before reissue and are stored in a secure area.

(6) Property storage containers shall be sanitized before reuse.

(7) Trash shall be removed daily.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter XII Youth Portion of a County Jail

Wis. Admin. Code § DOC 346.49 Admission criteria {#sec-doc-346.49 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.49}

Youth may be admitted to a youth portion of a county jail under s. 48.209 or 938.209, Stats., only subject to the following:

(1) Youth may be held in a youth portion of a county jail for a maximum of 24 hours, not including weekends or holidays, except youth may be held for a maximum of 6 hours, excluding weekends or holidays, in counties that are within a metropolitan statistical area under the current designation of the federal Bureau of Census.

(2) Youth may be held only for the purposes of identification, processing, and to arrange for release to parents or transfer to juvenile court officials or youth shelter or detention facilities. Any holding of youth shall be limited to the absolute minimum time necessary to complete these purposes, not to exceed the time limits under sub. (1). An alleged or adjudicated delinquent may be detained before a court appearance for a period of time not to exceed the limits under sub. (1). An alleged or adjudicated delinquent may be detained after a court appearance for a time period not to exceed an additional 6 hours. Any hold of an adjudicated delinquent that is not related to a court appearance is prohibited.

(3) Persons who are 18 years of age or older may not be admitted or held in a youth portion of a county jail, unless they are currently only under juvenile court jurisdiction under ch. 48 or 938, Stats.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (3) made under s. 35.17, Stats., Register July 2025 No. 835.

Wis. Admin. Code § DOC 346.50 Contact {#sec-doc-346.50 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.50}

(1) There shall be no physical or visual contact between youth and adult inmates in the youth portion of a county jail.

(2) There shall be no sustained sound contact between youth and adult inmates in the youth portion of a county jail.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.51 Existing facilities {#sec-doc-346.51 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.51}

Existing youth portions of a county jail shall continue to meet the physical requirements for adult jails established in ch. DOC 350.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.52 Staffing plan {#sec-doc-346.52 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.52}

(1) An officer supervising youth may not be responsible for supervising more than 30 individuals.

(2) An officer responsible for supervising youth may not be responsible for radio or dispatch duties during the same time period.

(3) An officer of the same gender as the youth being admitted or held in custody shall be on duty in the facility.

(4) At all times an officer shall be within hearing distance of the area in which a youth is confined.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter XIII Collocated with a Secured Residential Care Center for Children and Youth

Wis. Admin. Code § DOC 346.53 Applicability {#sec-doc-346.53 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.53}

This subchapter applies to secure youth detention facilities that are collocated with a secured residential care center for children and youth.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.54 Staffing plan {#sec-doc-346.54 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.54}

Staff responsible for the supervision of youth held in the secure youth detention facility may have responsibility for supervision of youth confined in a secured residential care center for children and youth provided all of the following are met:

(1) The staff member has successfully completed required training specific to each type of facility.

(2) The facility is able to meet the applicable staffing plan of each facility type.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.55 Physical space {#sec-doc-346.55 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.55}

(1) A secure youth detention facility may share any of the following areas with a secured residential care center for children and youth:

(a) Receiving room.

(b) Holding room.

(d) Receiving space.

(e) Visitation space.

(2) With the exception of special events, a secure youth detention facility may share, but not concurrently use, any of the following areas with a secured residential care center for children and youth:

(a) Multipurpose room.

(b) Classroom space.

(d) Indoor recreation space.

(e) Outdoor recreation space.

(f) Cafeteria or common space for meals.

(g) Food service space under s. DOC 346.09 (12) when used for programming.

(3) A secure youth detention facility shall not share youth housing with a secured residential care center for children and youth.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Subchapter XIV Collocated with an Adult Facility

Wis. Admin. Code § DOC 346.56 Applicability {#sec-doc-346.56 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.56}

This subchapter applies to any facility that is collocated with an adult facility.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.57 Contact {#sec-doc-346.57 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.57}

(1) There shall be no physical or sustained visual contact between youth and adult inmates.

(2) There shall be no sustained sound contact between youth and adult inmates.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Wis. Admin. Code § DOC 346.58 Staffing plan {#sec-doc-346.58 omnilex-key=us-wi-regs-official--agency-doc--DOC 346.58}

(1) An officer supervising youth may not be responsible for supervising adult inmates during the same time period.

(2) An officer responsible for supervising youth may not be responsible for radio or dispatch duties during the same time period.

(3) An officer of the same gender as the youth being admitted or held in custody shall be on duty in the facility.

(4) At all times an officer shall be within hearing distance of the area in which a youth is confined.

History

CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25.

Chapter DOC 347 SECURED RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH

Subchapter I General Provisions

Wis. Admin. Code § DOC 347.01 Purpose {#sec-doc-347.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.01}

The purpose of this chapter is to:

(1) Establish minimum standards for the approval, design, construction, repair, maintenance, and operation of secured residential care centers for children and youth.

(2) Establish minimum standards for services, programming, and uniform data reporting requirements for counties or Indian tribes that operate or contract with a child welfare agency to operate a secured residential care center for children and youth.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.02 Authority {#sec-doc-347.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.02}

This chapter is promulgated under the authority of ss. 301.36 (1), 301.37 (1), 938.22 (2) (a), and 938.48 (16) (b), Stats.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.03 Applicability {#sec-doc-347.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.03}

The provisions of this chapter apply to secured residential care centers for children and youth.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.04 Definitions {#sec-doc-347.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.04}

In this chapter:

(1) “Administrative confinement” means an involuntary non-punitive confinement of a youth because the youth’s behavior presents a danger to others or poses a serious risk to facility security, including but not limited to escape, risk, or disturbance.

(2) “Assessment” means a process for identifying the risks, needs, and protective factors of youth by using an objective and validated assessment tool.

(3) “Body cavity search” means a manual inspection of the anal or vaginal cavity of a youth conducted by means of any instrument, apparatus, finger, or object.

(5) “Dayroom” means an area contiguous to each living unit that is usable and accessible by youth and designed and used for leisure activities but not for sleeping purposes.

(6) “Department” means the department of corrections.

(7) “Detention strength” means strong enough to resist damage youth could inflict and to maintain safety and security and prevent youth from harming themselves and others.

(8) “Direct supervision” means a method of youth management that ensures continuing direct contact between youth and staff by posting staff inside each living unit and other areas where youth are present.

(9) “Dormitory” means a room used for sleeping purposes and designed for occupancy by 3 or more persons.

(10) “Force” means intentional physical contact between staff and youth to overcome resistance or to compel youth to act or to refrain from acting in a particular way.

(11) “Health care assessment” means a process whereby an individual’s health status is evaluated by a qualified health care professional through a physical examination, including questioning the patient about symptoms.

(12) “Holding room” means a secure room designed for holding one or more youth of the same gender for the purpose of processing admissions, releases, investigations, or court appearances, not to exceed 4 hours.

(13) “Informed consent” means the agreement of the youth to undergo a treatment, examination, or procedure after the youth understands the material facts about the treatment, examination, or procedure; its consequences and risks; the alternatives; and the prognosis if it is not undertaken.

(14) “Mechanical restraint” means any device attached to a youth’s body that restricts freedom of movement or normal access to the youth’s body.

(15) “Multipurpose room” means an activity area designed and used for programming and services. “Multipurpose room” does not include a sleeping room, dayroom, dormitory, classroom, visiting space, or recreation space.

(16) “Natural light” means direct or indirect illumination as provided by the sun or daylight.

(17) “Pat down search” means an inspection by running the hands over the clothed body of a youth by a staff member to determine whether the youth possesses contraband.

(18) “Privileged mail” means any written communication between a youth and an attorney.

(19) “Qualified health care professional” means a physician, physician assistant, nurse, nurse practitioner, dentist, mental health professional, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for patients.

(20) “Qualified mental health professional” means a psychiatrist, psychologist, psychiatric social worker, psychiatric nurse, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for the mental health needs of patients.

(21) “Quiet space” means a specialized area designed for youth to provide sensory stimulation that helps facilitate relaxation and develop self-regulation routine to cope with stressful situations.

(22) “Receiving room” means a secure room designed and used as a sleeping room for one youth during admission, release, observation, or investigatory purposes, not to exceed 72 continuous hours.

(23) “Recreation space” means a room or an area in a facility that is dedicated for youth exercise and recreation.

(24) “Sally port” means a secure, controlled entryway to a facility.

(25) “Secure perimeter” means the secure outer boundaries of a secured residential care center for children and youth.

(26) “Secured residential care center for children and youth” or “facility” has the meaning given in s. 938.02 (15g), Stats.

(27) “Security staff” means staff who are responsible for providing direct supervision of and interacting with youth in living units, recreational areas, dining areas, and other program areas of the facility.

(28) “Sleeping room” means a room designed and used as a sleeping room for one youth confined in a facility except when the facility meets the conditions for double occupancy under s. DOC 347.10 (3) (b).

(29) “Social supporters” includes parents or guardians, foster parents, legal custodians, siblings, other family members, the parent of a youth’s child, the youth’s child, mentors, community-based service providers, educators, clergy members, and other caring and supportive individuals who are a reliable presence for the youth.

(30) “Strip search” means a search, as defined under s. 968.255 (1) (b), Stats.

(31) “Trauma-informed care” means a system that realizes the widespread impact of trauma and understands potential paths for recovery; recognizes the signs and symptoms of trauma in youth, social supporters, staff and others involved with the system; and responds by fully integrating knowledge about trauma into policies, procedures and practices; and seeks to actively resist re-traumatization.

(32) “Unencumbered space” means usable floor space that is not obstructed by furnishings or fixtures.

(33) “Youth” means any individual placed or transferred to a secured residential care center for children and youth under the provisions of s. 301.08, Stats., or ch. 938, Stats.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (33) made under s. 35.17, Stats., Register October 2021 No. 790.

Wis. Admin. Code § DOC 347.05 Variance {#sec-doc-347.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.05}

(1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for any requirement to the provisions of s. DOC 347.10 (3) (b), or requirements specifically imposed by Wisconsin Statutes or federal law or regulation.

(2) In order to obtain a variance, a county, tribe, or child welfare agency that operates or intends to operate a facility shall demonstrate in writing that the variance provides equivalent or better protection for the health, safety, rights, and welfare of youth or 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 youth and the public.

(4) Violation of any condition of a variance by the facility 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 require strict enforcement of the rule.

(5) Any variance granted does not set a precedent.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.06 Records and reporting {#sec-doc-347.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.06}

(1) Register of youth. Each facility shall keep a register of all youth. The register shall contain identifying information on each youth including name, residence, age, sex, race, court order, time and cause of placement, placing authority, and time of release and releasing authority.

(2) Storage of records. Records shall be kept in a secure location and maintained in a confidential manner in accordance with s. 938.396, Stats., and any other applicable federal or state law.

(3) Reporting requirements. The facility shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occur:

(a) A youth dies.

(b) A youth is admitted to a hospital.

(d) A staff member is admitted to the hospital due to an injury caused by youth assault or use of force.

(e) A youth escapes or attempts to escape from secure custody.

(f) There is significant damage to the facility affecting the safety or security of the facility.

(4) Department requests. The facility shall promptly furnish to the department all requested information.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.07 Data reporting {#sec-doc-347.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.07}

The facility shall enter data into a uniform data collection system, as determined by the department, that can be accessed by authorized juvenile justice officials in order to monitor facility compliance with all applicable regulations and assess facility performance in successfully rehabilitating youth.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.08 Operational plan {#sec-doc-347.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.08}

(1) Before a facility may accept youth, the facility shall develop a written operational plan that has been approved by the department under s. 938.22 (2) (a), Stats. The facility may not implement any plan until the department has approved the plan.

(2) The operational plan shall contain policies and procedures for the operation of the facility. The policies and procedures shall include the standards set forth in ss. DOC 347.06, 347.13, 347.16, 347.19, 347.20, 347.21, 347.22, 347.23, 347.25, 347.26, 347.27, 347.28, 347.29, 347.30, 347.32, 347.33, 347.34, 347.35, 347.36, 347.38, 347.39, 347.41, 347.44, 347.45, 347.47, 347.48, 347.49, 347.50, 347.51, 347.52, 347.53, 347.54, 347.55, 347.57, and 347.58.

(3) The operational plan shall comply with the standards specified in this chapter.

(4) The facility shall implement the operational plan consistent with the requirements of this chapter.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter II Facility and Physical Environment

Wis. Admin. Code § DOC 347.09 Construction plans {#sec-doc-347.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.09}

(1) An entity that intends to build or remodel a facility shall file a letter of intent with the department before design development begins.

(2) An entity shall provide copies of original and updated drawings of the area within the secure perimeter of the facility to the department.

(3) All sites, plans, and specifications for construction or remodeling of a facility shall comply with the Wisconsin Commercial Building Code under chs. SPS 361 to 366.

(4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.

(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.10 Physical environment {#sec-doc-347.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.10}

(1) Trauma-informed. Trauma-informed principles shall be considered in the physical environment of the facility.

(2) Furniture and fixtures. Furniture and fixtures used in a facility shall be of detention strength materials or be of secure type to ensure safety for staff and youth.

(3) Youth housing.

(a) Sleeping rooms.

Except if par. (b) applies, each room shall be designed and used only for single occupancy.
Except if par. (b) applies, each room shall have a floor area of at least 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.
Each room shall have a bed.

(b) Double sleeping rooms.

A facility may use rooms for double occupancy.
Youth assigned to a double room shall meet the criteria under s. DOC 347.13 (1) (b).
Each double occupancy room shall have all of the following:

b. A bed for each youth.

All sleeping rooms and dormitories shall be provided with one or more dayrooms in their immediate vicinity that are accessible to youth.
Dayrooms shall provide a minimum of 35 square feet per youth.
Each dayroom shall have tables and seating for the number of youth that have access to the dayroom.

(d) Dormitories.

Youth assigned to a dormitory shall meet the criteria under s. DOC 347.13 (1) (b).
Each dormitory shall have a minimum floor area of 35 square feet of unencumbered space per youth for sleeping purposes.
In addition, each dormitory shall have a minimum floor area of 35 square feet per youth for the purpose of a dayroom.
Each dormitory shall have a floor to ceiling height of not less than 12 feet.
Each dayroom shall have tables and seating for the number of youth.
A bed shall be provided for each youth.
An area for personal property shall be provided for each youth.
Each dormitory shall provide showers, toilets, and washbasins for youth. Each dormitory shall have hot and cold running water.

(e) Toilets, washbasins, and showers.

The facility shall provide toilets, washbasins, and showers accessible for youth that meet all of the following conditions:

a. The washbasin and toilet may be combined in one unit.

b. The washbasin and shower shall have hot and cold running water.

c. The washbasin area shall include a mirror that is not removable.

The number of showers and toilets provided shall be in compliance with the Wisconsin Commercial Building Code under chs. SPS 361 to 366.
Toilets and showers shall provide for individual privacy.

(4) Receiving rooms.

(a) All receiving rooms shall be designed and used for single occupancy.

(b) Each receiving room shall have a floor area of at least 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.

A bed.
A toilet and washbasin with hot and cold running water.
Light fixtures that provide at least 10 foot-candles of illumination, 30 inches above the floor. The facility shall have the ability to reduce lighting to allow for comfortable sleeping while remaining adequate for wellness checks.

(5) Holding rooms.

(a) A holding room shall have a minimum floor area of at least 50 square feet with an additional 10 square feet for each occupant above 5.

(b) Each holding room shall have all of the following:

Seats or benches.
A toilet and washbasin with hot and cold running water.
Light fixtures that provide at least 10 foot-candles of illumination, 30 inches above the floor.

(6) Multipurpose rooms.

(a) Each facility shall provide dedicated space for programming and services.

(b) Multipurpose rooms shall be of sufficient size to accommodate a variety of programming and services and shall have a minimum combined floor area of 300 square feet.

(7) Classroom space.

(a) Each facility shall provide dedicated classroom space to meet the educational needs of the youth population.

(b) Classroom space shall be designed in conformity with any state and local educational requirements.

(8) Quiet space.

(a) Each facility shall provide a dedicated quiet space that promotes a positive behavior adjustment opportunity for a youth.

(b) The quiet space shall not be locked or used for discipline.

(9) Indoor recreation space.

(a) Each facility shall provide a dedicated space for indoor exercise and recreation.

(b) The indoor recreation space shall be of sufficient size to accommodate a variety of individual and group aerobic and large-muscle exercise activities and physical education.

(10) Outdoor recreation space.

(a) Each facility shall provide a dedicated space for outdoor exercise and recreation.

(b) The outdoor recreation space shall be of sufficient size to accommodate a variety of individual and group aerobic and large-muscle exercise activities and physical education.

(11) Healthcare space.

(a) Each facility shall provide dedicated space for healthcare.

(b) There shall be sufficient space, equipment, and supplies for the performance of health care services in a confidential manner.

(12) Food service space. A facility that prepares meals on-site shall have dedicated food service space.

(13) Receiving space.

(a) Each facility shall provide dedicated space for youth privacy during searches, showering, and processing.

(b) There shall be sufficient space for storage of clothing and property.

(14) Visitation space. Each facility shall provide dedicated contact visitation space.

(15) Exterior windows. All of the following apply to windows that lead to the exterior of the facility or to an area outside the secure perimeter of the facility:

(a) Each window shall have security glass of sufficient strength to resist breakage and maintain safety and security to prevent youth from harming themselves and others and to prevent escape.

(b) Each window shall be mounted in a detention strength frame and designed to prevent escape and the passage of contraband.

(16) Exterior doors and approaches.

(a) Every door exit that leads to the exterior of the facility or to an area outside the secure perimeter shall have detention strength framing and a threshold designed to prevent the introduction of contraband.

(d) The exterior of the facility and approaches to the facility shall be well lighted at night to permit observation of persons approaching the building.

(17) Walls.

(a) Exterior walls shall be constructed of reinforced concrete or fully grouted concrete block at least 8 inches thick, or the walls shall be constructed of materials of similar strength that provide equivalent security.

(18) Ceilings. Ceilings in areas accessible to youth shall be constructed of high impact detention strength materials that are escape resistant, resist damage or breakage to prevent youth from harming themselves and others, and prevent passage of contraband.

(19) Access to controls. Youth shall not have unauthorized access to plumbing, wiring, vents, thermostats, or facility controls. Any youth accessible outlets shall be under facility control.

(20) Natural light.

(a) Youth shall have access to natural light and exterior views.

(b) All youth housing areas shall provide youth with access to natural light.

(c) Artificial light may not be used as an alternative to the natural light requirements pursuant to the Wisconsin Commercial Building Code, chs. SPS 361 to 366.

(21) Intercom. Two-way audio communication capability shall be provided between any remotely controlled security gate or door and its control point.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter III Admission and Release

Wis. Admin. Code § DOC 347.11 Admission criteria {#sec-doc-347.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.11}

(1) Youth may only be placed in a secured residential care center for children and youth under the provisions of s. 301.08, 938.34 (4m), or 938.357, Stats.

(2) Persons who are 18 years of age or older may not be admitted or held in a secured residential care center for children and youth unless they are currently only under juvenile court jurisdiction under ch. 938, Stats.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.12 Admission and screening {#sec-doc-347.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.12}

(1) No youth may be admitted in a secured residential care center for children and youth unless the facility meets the requirements of this chapter and is approved by the department.

(2) An approved facility shall receive youth 24 hours a day, 7 days a week.

(4) The facility’s admission procedure shall include a process for determining if a youth is limited English proficient.

(5) The facility shall have appropriate and reliable interpretation services available for limited English proficient youth and youth who are deaf or hard of hearing. The facility shall not charge for interpretation services.

(6) Upon admission, the facility shall complete a health screening under s. DOC 347.21.

(7) Upon admission, youth shall receive both a written and verbal or video orientation to facility rules and procedures and grievance procedure. Staff shall document the youth’s receipt of these materials.

(8) Following admission, each youth shall be provided the opportunity to shower as soon as practicable.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.13 Classification {#sec-doc-347.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.13}

(1) Objective classification system.

(a) The facility shall use an objective classification system for youth based on gender, age, behavior, information concerning present offense, current and prior correctional placement history, medical and mental health condition, and other criteria designed to provide for the protection and safety of youth, staff, and the community.

(b) The classification system shall identify specific criteria for the exclusion of youth from being housed in a double occupancy room under s. DOC 347.10 (3) (b) or dormitory under s. DOC 347.10 (3) (d).

(c) Staff completing the youth classification shall be trained on the use of the objective classification system in par. (a).

(d) Lesbian, gay, bisexual, transgender, or intersex youth shall not be placed in a particular living unit, bed, or other assignment solely on the basis of such identification or status, nor shall agencies consider lesbian, gay, bisexual, transgender, or intersex identification or status as an indicator of the likelihood of being sexually abusive.

(2) Classification of youth. Following a youth’s admission and prior to room assignment, the facility shall do all of the following:

(a) Complete the youth classification.

(b) Document the classification decision.

(3) Reclassification. Reclassification shall occur a minimum of every 3 months after initial classification.

(4) Review. All classification and reclassification decisions shall be reviewed and documented by a supervisor as soon as practicable.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (1) (d) made under s. 35.17, Stats., Register October 2021 No. 790.

Wis. Admin. Code § DOC 347.14 Assessment {#sec-doc-347.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.14}

The initial assessment of the youth’s treatment and service needs shall be completed within 10 days of admission.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.15 Off-grounds leave {#sec-doc-347.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.15}

A facility must develop policies and procedures relating to off-grounds leave.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.16 Release {#sec-doc-347.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.16}

A facility shall do all of the following prior to releasing a youth from the facility:

(1) Verify the identity of the youth.

(2) Verify the authority to release the youth.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter IV Staffing

Wis. Admin. Code § DOC 347.17 Staffing {#sec-doc-347.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.17}

(1) A supervisor or designee physically on-site during every shift at the facility.

(2) Adequate staff to provide for the direct supervision of youth in living units and other areas where youth are present. The use of a video monitoring system shall not be used to replace direct staff supervision.

(3) Staff ratios of a minimum of one staff member supervising 8 youth during waking hours and one staff member supervising 16 youth during sleeping hours, except during exigent circumstances. The facility shall document the exigent circumstances.

(4) Whenever there is a youth in the facility, at least one staff member of the same gender as the youth on duty at the facility.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.18 Training {#sec-doc-347.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.18}

(a) Facility policies and procedures.

(b) Facility operations and facility emergencies.

(d) Youth grievance procedures under s. DOC 347.38.

(e) First aid, use of an automated external defibrillator, and use of other emergency equipment.

(f) Adolescent brain development.

(g) Trauma-informed care and resiliency.

(h) Positive behavior management, de-escalation techniques, and conflict management.

(i) Sexual abuse and sexual harassment prevention, detection, and response.

(j) Sex trafficking.

(k) Suicide and self-harm prevention.

(L) Laws on confidentiality of personally identifiable information.

(m) Mandatory reporting requirements under s. 48.981 (2), Stats.

(2) Initial security staff training. In addition to the training required under sub. (1), security staff shall receive at least 120 hours of training during the first year of employment. On-the-job training does not count toward the hours of required initial training for security staff.

(3) Annual training. Security staff shall receive at least 24 hours of annual training including all of the following:

(a) Care and custody of youth.

(b) Trauma-informed care and resiliency.

(d) Mental health and crisis intervention.

(e) Administration of medications.

(f) Health screening of youth at the time of admission.

(g) Use of restraints and security control devices.

(h) Fire safety, evacuation procedures, and use of self-contained breathing apparatus.

(i) Positive behavior management, de-escalation techniques, and conflict management.

(j) The facility’s use of force policies and procedures.

(4) Documentation. All staff training shall be documented.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter V Food Service and Nutrition

Wis. Admin. Code § DOC 347.19 Food service {#sec-doc-347.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.19}

(1) Sanitation. The kitchen area and all equipment shall be maintained in a sanitary condition.

(2) Food safety.

(c) Food and drink shall be protected from contamination. Meals shall be covered during transit to and within the facility.

(d) Food temperatures shall be properly maintained and documented daily.

(e) Kitchen storage and dishwashing equipment temperatures shall be monitored and documented daily.

(f) Garbage containers shall be covered, emptied daily, and kept clean.

(g) Cleaning agents shall be stored separately from food service items.

(3) Inventory. There shall be a documented inventory accounting for all sharps, tools, and utensils at all times.

(4) Inspection.

(a) Internal monthly inspection of all food service areas shall be conducted and documented.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.20 Meals {#sec-doc-347.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.20}

(1) The facility shall provide nutritious and quality food for all youth.

(2) The facility shall develop menus that satisfy generally accepted nutritional standards.

(3) An annual menu review by a qualified nutritionist or dietician shall be completed and maintained in the facility files. Any change or substitution to the menu shall be documented.

(4) A youth may abstain from any foods that violate the youth’s religion. Consistent with available resources, the facility shall provide a substitute from other available foods from the menu served at the meal. The substitutions shall be consistent with sub. (2).

(5) Special diets are provided as prescribed by a qualified health care professional.

(6) Youth shall receive 3 nutritious meals and a snack daily, with no more than 12 hours between the evening meal and breakfast. Two of the meals shall be hot, including the entrée.

(7) Youth shall eat meals in a cafeteria or common area unless approved by a supervisor or designee.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter VI Health and Mental Health Care

Wis. Admin. Code § DOC 347.21 Health screening {#sec-doc-347.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.21}

(2) A youth whose screening under sub. (1) is not completed within one hour of admission shall be under constant staff supervision until the screening is completed. Section DOC 347.26 applies if a youth screens positive for risk of suicide or self-harm.

(3) The health screening shall be conducted in a confidential setting upon the youth’s admission.

(4) If urgent concerns are identified during the health screening, referrals to medical, mental health, or supervisory staff shall be immediate.

(5) A qualified health care professional shall review the health screening within 72 hours. The review shall be documented.

(6) Within 72 hours of admission, a qualified health care professional shall offer the youth sexually transmitted infection testing, and all female youth shall be offered pregnancy testing.

(7) Documentation of health screening results and subsequent review of the health screening form shall be maintained in the youth’s confidential medical record.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.22 Health care assessment {#sec-doc-347.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.22}

(1) All youth shall receive a full health care assessment by a qualified health care professional within 7 days of admission. The assessment shall be documented.

(2) A health care assessment is not required for a youth readmitted to the facility when the last health care assessment was performed within 90 days and when the youth’s new admission health screening shows no change in health status.

(3) Documentation of health care assessment results shall be maintained in the youth’s confidential medical record.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.23 Medical care {#sec-doc-347.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.23}

(1) The facility shall provide youth medical care under s. 938.505 (1), Stats.

(2) The facility shall provide youth with a schedule of access to medical care to be provided under sub. (1).

(3) The facility shall provide access and arrange for transportation to emergency medical care services.

(4) All licensed or certified health care professionals shall provide services in accordance with the standards of practice established by the applicable regulatory body.

(5) Health care staff shall be in compliance with state and federal licensure certification and registration. Verification of compliance shall be maintained at the facility.

(7) The facility shall allow for submission and screening of medical requests on a daily basis.

(8) When practicable, the facility shall be in contact with a youth’s personal physician.

(9) The facility’s provision of medical care shall ensure access to all of the following:

(a) Pregnancy management.

(b) Acute and chronic medical conditions management.

(d) Detoxification and withdrawal care.

(e) Immunizations.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

(1) At admission, the facility shall obtain the name and contact information of an adult family member or guardian who can provide information about a youth’s health and mental health history.

(2) The facility shall ensure all medical and mental health examinations and services conform to applicable state laws for informed consent and the right to refuse treatment.

(3) The facility shall obtain informed consent using a language that is understandable to the youth and the youth’s parent or guardian.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.25 Mental health care {#sec-doc-347.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.25}

(1) The facility shall provide youth with mental health services from a qualified mental health professional.

(2) All qualified mental health professionals shall have training on and be knowledgeable about the assessment of mental health disorders, trauma, and suicide risk among adolescents and age-appropriate interventions.

(3) All qualified mental health professionals shall provide services in accordance with recognized standards of practice.

(4) Licensed mental health professionals shall be in compliance with state and federal licensure certification and registration. Verification of compliance shall be maintained at the facility.

(5) All youth shall receive a mental health assessment by a qualified mental health professional within 7 days of admission. The assessment shall be documented.

(6) The mental health assessment shall be conducted in a confidential setting.

(7) The facility shall have sufficient service hours from qualified mental health professionals to timely meet the needs of youth in the facility.

(8) The facility shall have a schedule of access to on-site mental health care services.

(9) Qualified mental health professionals shall develop individual mental health treatment plans for youth with identified mental health needs.

(10) Qualified mental health professionals shall work with facility staff to provide guidance, insight, and direction on managing and understanding the needs and behavior of youth.

(11) The facility shall provide access to emergency mental health care and transportation, if necessary.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.26 Suicide and self-harm prevention {#sec-doc-347.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.26}

(1) Risk of serious harm. The facility shall do all of the following:

(a) Obtain documented information from a transporting agency’s observation pertaining to a youth’s mental health and potential for suicide or self-harm.

(b) Determine whether the youth has ever considered or engaged in self-harm or attempted suicide.

(c) Require staff to immediately notify qualified medical and mental health professionals of all incidents of self-harm or attempted self-harm. The notification and incident shall be documented.

(d) Require staff to immediately notify qualified medical and mental health professionals of youth who have communicated having ideation, plan, or intent to engage in self-harm or suicide. The notification and incident shall be documented.

(2) Suicide or self-harm watch. The facility shall do all of the following:

(a) Identify designated supervisory staff to be notified if a youth is determined to be a suicide or self-harm risk.

(b) Designate areas within the facility and provide security precautions for youth who are placed on suicide or self-harm watch.

(c) Establish monitoring procedures for youth on suicide or self-harm watch, including frequency and documentation of wellness checks under s. DOC 347.48.

(3) Youth supervision. The facility shall do all of the following:

(a) Identify staff who may initiate a suicide or self-harm watch.

(c) Identify qualified mental health professionals who are authorized to remove a youth from a suicide or self-harm watch status after an in-person assessment.

(d) Establish requirements for the frequency of communication between health care and facility staff regarding the status of a youth who is on suicide or self-harm watch.

(e) Establish an intervention protocol during an apparent suicide or self-harm attempt, including life-sustaining measures.

(f) Notify the youth’s parent or legal guardian any time a youth is placed on suicide or self-harm watch.

(g) Notify the youth’s case worker in the county or tribe of supervision any time a youth is placed on suicide or self-harm watch.

(h) Identify persons to be notified in case of attempted or completed suicides or self-harm.

(4) Documentation. The facility shall document actions taken and decisions made regarding youth who are at risk of attempting suicide or self-harm, including all of the following:

(a) Individual initiating the suicide or self-harm watch.

(b) Date and time watch was initiated.

(d) Date, time, and name of supervisor contacted.

(e) Date and time of referral to a qualified mental health professional.

(f) Written documentation from the qualified mental health professional removing a youth from a suicide or self-harm watch including name, date, and time.

(g) Date and time of notification to youth’s parent or legal guardian under sub. (3) (f).

(h) Date and time of notification to youth’s case worker in the county or tribe of supervision under sub. (3) (g).

(5) Support services. The facility shall provide access to debriefing and support services for youth and staff following a suicide or self-harm incident.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.27 Dental health care {#sec-doc-347.27 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.27}

(1) A dental screening shall be performed by a licensed dentist or a qualified healthcare professional within 7 days of admission.

(2) An oral examination shall be performed by a licensed dentist within 60 days of admission and every 6 months thereafter, unless the facility obtains information that the youth received a dental examination within the previous 6 months.

(3) The facility shall provide access to emergency dental care and transportation to those services, as needed.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.28 Medications {#sec-doc-347.28 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.28}

(1) The facility shall comply with state and federal law regarding procuring, prescribing, dispensing, delivering, administering, and disposing of prescription and nonprescription medications.

(2) All medications brought into the facility shall be verified, inventoried, and maintained in a designated secure storage area.

(3) Designated trained staff may administer or deliver prescribed doses of medication at prescribed times. Annual documented training shall be provided to facility staff that deliver medications.

(4) Staff shall administer or deliver medications under circumstances that protect the youth’s confidentiality.

(5) Prescription and nonprescription medication administered or delivered to a youth shall be documented, including who prescribed the medication, who administered or delivered the medication, and the date and time of administration or delivery.

(6) All refusals of recommended or prescribed medications by a youth shall be documented.

(7) The facility shall inventory and return or dispose of unused medications upon the youth’s release or transfer.

(8) All medication errors shall be documented.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.29 Medical records {#sec-doc-347.29 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.29}

(2) Records shall be securely maintained and accessible only by designated staff.

(3) No person except those authorized under s. 51.30 or 146.82, Stats., or other applicable state and federal laws, may have access to information in the records or be permitted to inspect the records.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter VII Resources for Youth

Wis. Admin. Code § DOC 347.30 Clothing, towels, and bedding {#sec-doc-347.30 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.30}

(1) Clothing.

(a) If youth are not permitted to wear personal clothing, all of the following shall be provided upon admission:

A set of clean clothing.
Clean socks and undergarments.
Clean footwear.

(b) All clothing provided shall be of appropriate size for the youth.

(d) Clothing shall be laundered at a minimum of 2 times per week, and on a more frequent basis as required by the nature of work assignments and programmed activities.

(e) Undergarments and socks shall be laundered as necessary to provide clean undergarments and socks daily. Youth shall receive the same set of undergarments and socks back after laundering.

(2) Towels and bedding.

(a) Staff shall provide each youth with a clean towel and washcloth daily.

(b) Staff shall provide youth with clean bed linens at least once per week.

(3) Mattresses and pillows.

(a) Staff shall provide youth with a clean mattress and pillow.

(b) Each mattress and each pillow shall be covered with a fire retardant, waterproof, easy-to-sanitize material.

(c) Mattresses and pillows shall be kept in good repair and in a clean and sanitary condition. Staff shall repair or remove from circulation any mattresses with holes or cracks.

(d) Mattresses and pillows shall be cleaned and sanitized before reissue.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.31 Commissary services {#sec-doc-347.31 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.31}

If a facility provides commissary, vending, or other similar services for youth, the facility shall develop policies and procedures relating to these services.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.32 Mail {#sec-doc-347.32 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.32}

(1) The facility shall not limit the amount of correspondence sent and received by youth.

(2) The facility shall deliver incoming mail to youth on the same day that it is received at the facility.

(3) Outgoing youth mail shall be posted daily excluding weekends and holidays.

(4) Appropriate writing materials shall be provided to youth upon request.

(5) Postage for a minimum of 2 non-privileged letters a week shall be provided for each youth.

(6) Postage for privileged mail may not be limited.

(7) The facility shall establish parameters for inspecting privileged and non-privileged mail.

(8) If mail is withheld, staff shall inform the youth and send a written notice to the sender explaining the reason for withholding. Staff shall log the date, time, reason, and disposition of the mail, including any money or items of personal property; save the mail; and inform the youth.

(9) Mail addressed to a released youth shall be forwarded unopened to the youth or returned to the sender or post office if no forwarding address is available.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.33 Communication {#sec-doc-347.33 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.33}

(1) Upon admission, youth shall be given an opportunity as soon as possible to communicate with social supporters.

(2) Youth shall have the opportunity to communicate with approved individuals external to the facility no less than once per day.

(3) The facility may not charge youth to communicate.

(4) The facility shall make accommodations for youth with hearing or speech disabilities or limited English proficiency.

(5) The facility shall inform youth if external communication is withheld or monitored.

(6) The facility may not monitor conversations between youth and their attorneys.

(7) Youth may speak with social supporters in their language of choice regardless of staff comprehension.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.34 Visitation {#sec-doc-347.34 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.34}

(1) Access.

(a) The facility shall provide visitation hours sufficient to accommodate daily contact visits for youth. Visiting hours shall be designated during both the day and the evening with a minimum of 3 hours before 5:00 p.m. and 2 hours after 5:00 p.m.

(b) The facility shall provide for individually scheduled visits outside of normal visiting hours with prior approval.

(c) The facility shall post visitation policies and procedures, including visitation schedule, in a place readily accessible to visitors and youth.

(d) Areas used for visitation shall accommodate groups of varying sizes, be child-friendly, and offer interactive toys, games, and children’s books to promote social supporter interaction.

(e) Staff may not impose non-contact visits absent a documented security threat.

(f) The facility may conduct searches of visitors entering the facility.

(2) Visitor list.

(a) The facility shall maintain an approved visitor list for each youth. Youth shall have access to the current approved visitor list.

(b) Except as otherwise provided in this chapter, only visitors on a youth’s approved list will be permitted to visit the youth.

(d) Youth or others may request an addition to the list of approved visitors, and if the request is not approved by the facility, both the youth and the person will be notified of the reasons for the action in writing.

(e) The facility may deny a person’s inclusion on the approved visitor list or remove a person from the approved visitors list. Justification to deny a person’s inclusion on or removal from the visitor list may include any of the following:

There are reasonable grounds to believe that the visitor has attempted to bring contraband into the facility in the past 12 months.
There are reasonable grounds to believe the visitor poses a threat to the safety and security of visitors, staff, youth, or the facility.
There are reasonable grounds to believe that the youth may victimize the proposed visitor or the proposed visitor may victimize the youth.
There is a court order prohibiting a visit.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.35 Publications {#sec-doc-347.35 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.35}

(1) The facility shall provide access to reading materials of general interest including books, newspapers, and magazines to all youth.

(2) The facility may not limit access to reading materials except when reasonably related to the security of the facility or the health and development of the youth.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.36 Religious practices {#sec-doc-347.36 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.36}

(1) The facility may not discriminate against a youth on the basis of the youth’s religious beliefs.

(2) Youth shall have the opportunity to participate in religious practices, services, and programming, and have access to property of their religious practices consistent with existing state and federal law.

(3) Staff and individuals who provide religious programming or services may not compel youth participation in or adoption of a particular religion.

(4) The facility shall notify youth of the schedule of religious services available.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.37 Legal access {#sec-doc-347.37 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.37}

The facility shall provide youth access to the courts, attorneys, and legal materials and research.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.38 Grievance procedure {#sec-doc-347.38 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.38}

(1) General.

(a) The facility shall provide all youth with access to a grievance procedure that provides an opportunity for resolution of complaints.

(b) The facility shall provide a process by which youth can submit grievances in a confidential manner that is only accessible by a supervisor or designee.

(2) Procedure.

(a) The facility shall screen all grievances within 24 hours of receipt, excluding weekends and holidays. Priority shall be given to grievances concerning health and safety.

(b) The facility shall, within 7 days of receipt of the grievance, issue a written response and provide a copy to the youth. The response shall state the issue, the facts upon which any decision is based, the decision, and the reasons for the decision.

(d) The facility shall maintain a grievance log that includes all of the following:

The date and time each grievance is received.
The nature of the grievance.
The date of the response.
The individual issuing a response.
The status of any appeal.

(3) Retaliation. The facility shall prohibit retaliation for use of the grievance procedure.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (2) (d) 5. made under s. 35.17, Stats., Register October 2021 No. 790.

Subchapter VIII Programs and Services

Wis. Admin. Code § DOC 347.39 General {#sec-doc-347.39 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.39}

Programs and services under this subchapter shall conform to the following requirements:

(1) The facility shall do all of the following:

(a) Provide programming that consists of structured treatment, leisure, recreational, exercise, and educational activities.

(b) Incorporate evidence-based practices and trauma-informed and science aligned principles in programs and services.

(c) Provide programs and services that are responsive to the genders, sexual orientations, disabilities, socioeconomic statuses, cultural, racial and ethnic backgrounds, experiences, interests, and primary languages of youth.

(d) Post and adhere to a daily schedule of programs and services in each living unit. Reasons for any deviations from scheduled activities shall be documented.

(e) Encourage youth to be out of their rooms and engaged in programming.

(f) Ensure youth have daily access to the facility’s outdoor recreation space under s. DOC 347.10 (10), weather permitting.

(2) Programming may be provided by staff, volunteers, contractors, or community groups.

(3) If a facility uses volunteers, the operational plan under s. DOC 347.08 shall contain policies and procedures relating to the use of volunteers, including the completion of criminal background checks, orientation and training, and extent of supervision and responsibilities.

(4) The facility shall ensure that equitable gender-responsive programming exists for youth in the facility. The facility shall not limit access to recreation and vocational opportunities on the basis of gender.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.40 Community partnerships for programming {#sec-doc-347.40 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.40}

(1) The facility shall pursue partnerships with community organizations to enhance available services and resources in the facility.

(2) Youth may volunteer and participate in programs and services within the community in accordance with s. DOC 347.15.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.41 Education {#sec-doc-347.41 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.41}

The facility shall do all of the following:

(1) Ensure that youth have access to education, as provided by the school district in which the facility is located.

(2) Notify the school district in which the facility is located when youth are placed in the facility.

(3) Cooperate with the school district in which the facility is located in the implementation of an educational program.

(4) Communicate to the department of public instruction concerns regarding adequacy of educational programming within facilities.

(5) Document on a daily basis all of the following:

(a) Number of hours of instruction by a teacher.

(b) Number of youth receiving instruction.

(d) Names of youth who were unable to participate and the reasons for the inability.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.42 Vocational opportunities {#sec-doc-347.42 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.42}

The facility shall do all of the following:

(1) Provide youth the opportunity to receive vocational and career counseling.

(2) Provide training on soft skills and work readiness.

(3) Offer eligible youth vocational opportunities consistent with available resources.

(4) Provide eligible youth the opportunity to pursue post-secondary education.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.43 Independent living and life skills programming {#sec-doc-347.43 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.43}

The facility shall provide youth with structured experience in independent living and life skills that may include the following components:

(1) Independent living.

(a) Ability to find safe, stable, and affordable housing.

(b) Basic home maintenance and cleaning skills.

(d) Transportation skills.

(e) Obtaining medical, dental, and mental health care.

(f) Money management.

(2) Life skills.

(a) Development of youths’ emotional regulation, self-responsibility, and resilience.

(b) Development of appropriate pro-social relationships.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.44 Leisure activities, recreation, and exercise {#sec-doc-347.44 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.44}

(1) Leisure activities. The facility shall offer youth a range of leisure activities.

(2) Recreation. The facility shall do all of the following:

(a) Have a supervised and scheduled recreation and exercise program.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (2) (b) made under s. 35.17, Stats., Register October 2021 No. 790.

(1) Orientation and access.

(a) Orientation and information. The facility shall provide a parent, guardian, or legal custodian orientation materials upon admission.

(b) Access to youth. The facility shall provide youth access to social supporters in accordance with s. DOC 347.34.

(2) Opportunities for input. The facility shall do all of the following:

(a) Provide multiple methods for social supporters to provide recommendations regarding facility programming, services, and operations.

(b) Provide opportunities for social supporters to submit a formal complaint regarding facility programming, services, visitation, and operations. The facility shall respond to formal complaints within 7 days, excluding weekends and holidays.

(c) Provide multiple methods for youth to provide recommendations regarding facility programming, services, and operations.

(3) Interactions. Subject to s. DOC 347.46, the facility shall provide opportunities for youth and social supporter interactions through a variety of activities.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.46 Case plan and treatment {#sec-doc-347.46 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.46}

(1) Case plan.

(a) The facility shall develop a written case plan for the youth within 30 days of admission based on the assessment in s. DOC 347.14.

(b) Case planning teams shall, at a minimum, consist of all of the following:

The youth.
The youth’s identified family or legal guardian.
A clinical staff member.
A case manager.
A security staff member.

(d) The facility shall engage each youth to identify positive social supporters in the community.

(e) The case plan may include involvement of social supporters, treatment providers, and other programming organizations in the community.

(f) The case plan shall be time-limited, goal-oriented, and individualized to the meet the specific needs of the youth as identified from the assessment.

(2) Reassessment. At least once every 3 months, professional staff shall conduct a reassessment of the youth and the case plan to determine progress toward meeting the plan goals.

(a) The facility shall conduct an individual case plan review at least every three months and revise the plan as needed, consistent with the youth’s needs, case plan goals, and the permanency planning goals of the placing person or agency.

(b) Professional staff shall document the results of all youth reassessments and case plan reviews to include the date of each review and the names of participants.

(3) Treatment programming. The facility shall provide treatment programming as identified in the case plan.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter IX Safety and Security

Wis. Admin. Code § DOC 347.47 Security practices {#sec-doc-347.47 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.47}

(1) Key control.

(a) All keys assigned to staff shall be stored in a secure area when not in use and accessible in the event of an emergency.

(b) All keys assigned to staff shall be inventoried and documented at shift change.

(d) Keys issued to youth shall be inventoried when issued and returned.

(2) Weapons control.

(a) The facility shall establish protocols for the introduction, availability, inventory, and storage of other security control devices and specify the level of authority required for access and use.

(b) Firearms, electronic control devices, and chemical agents are not permitted in the facility except when brought in by law enforcement in emergency situations.

(3) Tool control. Tool control shall include the introduction, use, storage, and inventory of all tools brought into the facility or stored on-site.

(4) Searches.

(a) Youth.

Searches shall not be conducted as a form of harassment, punishment, or discipline.
Searches of youth, except in exigent circumstances, shall be conducted by a staff member of the same gender as the youth. The facility’s transgender protocol must be followed for youth when this applies.
Body cavity searches shall be conducted by a qualified health care professional.
The facility shall document the reason for all youth strip, body cavity, and cross-gender pat down searches and any items discovered through the search.
All youth strip, body cavity, and cross-gender pat down searches shall require the documented approval of a supervisor or designee.

(b) Visitors. The facility shall develop protocols for the searching of visitors and their possessions.

(c) Facility. At a minimum, monthly facility searches of all youth accessible areas shall be conducted and documented to control the existence of contraband.

(5) Door and lock inspections. Monthly inspections shall be conducted and documented to determine if all facility doors and locks within and to the secure perimeter of the facility are in good working order.

(6) Facility repair. Any damage to the facility that compromises safety or security shall be promptly and securely repaired.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.48 Observation of youth {#sec-doc-347.48 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.48}

(1) A youth may be placed in their room only for any of the following purposes:

(a) Sleeping purposes.

(b) Healthcare reasons.

(d) To maintain the safety and security of other youth, staff, and the facility during an emergency situation.

(e) Administrative confinement.

(2) The facility shall have a system for providing wellness checks of youth. All youth shall be personally observed by facility security staff at staggered intervals not to exceed any of the following:

(a) Thirty minutes for youth in the general population.

(b) Fifteen minutes for any of the following:

Youth on a suicide or self-harm watch.
Youth in administrative confinement.
Youth in a receiving room or holding room.
Youth voluntarily requests.

(3) Each wellness check shall be documented.

(4) A video monitoring system may be used to supplement but not replace personal observations.

(5) Staff shall provide direct continuous personal observation when a youth is mechanically restrained.

(6) The facility shall conduct and document formal physical counts of youth at least 3 times per day, with a minimum of one count per shift.

(7) The facility shall ensure there is no physical or visual contact between youth and adult inmates.

(8) The facility shall ensure there is no sustained sound contact between youth and adult inmates.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.49 Administrative confinement {#sec-doc-347.49 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.49}

(1) Administrative confinement may only be used for a youth who poses a serious risk of imminent physical harm to others or facility security.

(2) The facility shall designate on-site supervisory staff who may initiate administrative confinement and remove youth from administrative confinement.

(3) If at any point the youth no longer poses a risk of imminent physical harm, the youth must be immediately returned to general population.

(4) An initial period of administrative confinement may not exceed 4 hours for a youth posing a risk of imminent physical harm to others.

(5) Administrative confinement may be extended 4 hours with one additional 4-hour extension thereafter (for a total of up to 12 hours) if all of the following occur:

(a) A qualified mental health professional recommends continued confinement because the youth poses a risk of imminent physical harm to others.

(b) A plan is commenced to either promptly return the youth to general population or transfer the youth to another facility.

(6) Administrative confinement time limits may be tolled from 8 p.m. to 8 a.m.

(7) Administrative confinement may only be used beyond 24 hours to effectuate transfer of the youth to another facility under a commenced plan.

(8) The facility shall notify the following individuals of an administrative confinement placement as soon as practicable:

(a) A qualified mental health professional.

(b) A qualified health care professional.

(d) The youth’s parent or guardian.

(e) The county or tribe of placement.

(9) The facility shall document all actions and decisions regarding youth in administrative confinement to include all of the following:

(a) Date, time, and name of supervisor making placement.

(b) Reason placement is initiated or extended.

(d) Date, time, reason, and name of qualified mental health professional extending the placement.

(e) Date, time, and name of supervisor removing placement.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.50 Use of force {#sec-doc-347.50 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.50}

(1) General provisions.

(a) Physical force may be used as a last resort and in accordance with appropriate statutory authority.

(b) Staff may only use the amount of force reasonably necessary to achieve the objective for which force is used.

(c) Staff shall only use physical force by employing the least restrictive appropriate means and only for the amount of time necessary to bring the situation under control.

(d) Using physical force for punishment, discipline, retaliation, or as a substitute for treatment is prohibited.

(2) Incident reporting.

(b) A supervisor shall review and document all use of force incidents.

(d) Facility procedures shall address the role, notification, and follow-up of qualified health care and mental health professionals following use of force incidents.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.51 Use of mechanical restraints {#sec-doc-347.51 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.51}

(1) Youth may never be restrained to a fixed object, unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

(2) Mechanical restraints may only be applied to youth if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others or damage to property.

(3) Mechanical restraints must be removed immediately upon the youth regaining composure and when the threat of harm or the safety concern has abated.

(4) Mechanical restraints may never be used as punishment.

(5) A youth may be placed in the least restrictive mechanical restraints when leaving the secure perimeter of the facility to prevent harm to youth or staff.

(6) Except under circumstances described in sub. (5), the incident reporting procedure outlined in s. DOC 347.50 (2) shall apply if a youth is mechanically restrained.

(7) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least once every 15 minutes, with the actual time of the observation or intervention recorded.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.52 Fire safety and emergency preparedness {#sec-doc-347.52 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.52}

(1) The facility shall comply with applicable federal, state, and local fire safety codes.

(3) The facility shall maintain a record of all fire inspections conducted as required under sub. (1).

(4) Staff shall conduct and document monthly fire safety inspections of the facility.

(5) The facility shall have the means to evacuate youth in the event of fire or other emergency.

(6) A written fire evacuation plan shall be developed and maintained in accordance with recommendations from the local fire department. The evacuation routes developed as a part of the evacuation plan shall be posted in a conspicuous place for staff.

(7) Fire drills shall be conducted at least quarterly on each shift and documented.

(8) The facility shall develop and maintain an emergency operation procedure. The procedure shall be readily accessible for staff to reference and include instructions for all of the following:

(a) Major disturbances.

(b) Natural disasters.

(9) First aid kits and other emergency response equipment shall be available in designated areas of the facility. Inventories shall be conducted and documented monthly.

(10) The facility shall have access to an alternate power source to maintain essential services in an emergency. Quarterly tests of the alternate power source shall be conducted and documented.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter X Behavior Management

Wis. Admin. Code § DOC 347.53 Youth conduct {#sec-doc-347.53 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.53}

(1) The facility shall have a system of incentives for positive youth behavior.

(2) The facility shall have written rules of behavior for youth.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.54 Discipline {#sec-doc-347.54 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.54}

(1) At the time of admission, each youth shall be notified of and provided access to the rules of behavior required in the facility and the potential disciplinary actions imposed for violation of the rules. Youths’ receipt of the facility rules shall be documented.

(2) The facility shall have a graduated array of dispositions to address youth rule violations.

(3) Disciplinary action shall be determined on an individual basis. Staff may not use group punishment as a sanction for the negative behavior of an individual youth.

(4) Only staff may administer youth rule violation dispositions.

(5) Staff shall consider whether a youth’s disability, mental illness, special education status, or limited English proficient status contributed to the behavior when assigning consequences for violations of the facility’s rules. Staff should consult with a qualified mental health professional when making that decision.

(6) Staff may restrict a youth’s privileges for a rule violation if all of the following occur:

(a) The youth is given the opportunity to explain the circumstances of the alleged violation. The youth’s statement or refusal shall be documented. A supervisor shall document their review of the rule violation, the youth’s statement, and restriction within 24 hours.

(b) Any restriction shall be directly related to the violation.

(7) Dispositions may not include any of the following:

(a) Room restriction.

(b) Withholding of basic necessities such as food, water, toilet, clothing, sleep, or the use of materials necessary to maintain a basic level of personal hygiene.

(c) Restriction of access to religious worship, attorneys, privileged mail, courts, legislators, and medical and mental health services.

(d) Restriction of exercise.

(e) Corporal, unusual, or humiliating punishment.

(f) Use of mechanical restraints.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.55 Disciplinary procedures {#sec-doc-347.55 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.55}

(1) A staff member who observes a youth committing a rule violation shall inform the youth of the rule that was violated and the disciplinary procedure.

(2) A staff member shall offer the youth the opportunity to provide a statement. Staff shall document the youth’s statement or their refusal to provide a statement.

(3) Staff shall inform the youth that the disciplinary report and statement will be forwarded to the supervisor or designee for review and determination of disposition.

(4) An impartial supervisor or designee shall immediately review the disciplinary report and youth’s statement, render a decision, and notify the youth immediately. If the supervisor finds that no violation occurred, the youth shall be notified that the charge has been dismissed. The supervisor shall document their review.

(5) The youth shall be notified of their right to appeal the supervisor’s decision.

(6) The youth may appeal the decision within 24 hours of receipt of the decision.

(7) The youth shall receive a written decision no later than 24 hours after receipt of an appeal.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.56 Review of behavior management {#sec-doc-347.56 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.56}

At least quarterly, the facility shall review the use of behavior management. The review shall include:

(1) Any patterns indicated by similarities in the time of day, day of the week, duration of the use of procedure, individuals involved, or other factors associated with the use of discipline or administrative confinement.

(2) Actions needed to correct identified deficiencies in the facility’s implementation of youth discipline or administrative confinement.

(3) A review of current options available for addressing and supporting behavior management.

(4) The quarterly review shall be documented.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter XI Hygiene and Sanitation

Wis. Admin. Code § DOC 347.57 Hygiene {#sec-doc-347.57 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.57}

The facility shall do all of the following:

(1) Permit youth to shower at least once per day.

(3) Provide youth adequate time to conduct appropriate hygiene practices, including opportunities to groom themselves before court appearances and other important events.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.58 Sanitation {#sec-doc-347.58 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.58}

(1) Vermin and pests shall be controlled with an effective, documented program. Containers of poisonous compounds used for exterminating rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware in a locked area not accessible to youth.

(2) The facility shall provide youth access to cleaning materials daily.

(3) Tables used for common use and meals shall be kept sanitized.

(4) Safety and sanitation inspections of the facility shall be completed and documented at a minimum of once monthly.

(5) Common use grooming tools shall be disinfected and cleaned before reissue and are stored in a secure area.

(6) Property storage containers shall be sanitized before reuse.

(7) Trash shall be removed daily.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Subchapter XII Collocated Facilities

Wis. Admin. Code § DOC 347.59 Staffing of collocated facilities {#sec-doc-347.59 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.59}

(1) This section applies to facilities located in a portion of a secure juvenile detention facility or a Type 1 juvenile correctional facility under s. 301.37 (1m), Stats.

(2) Staff responsible for the supervision of youth held in a facility may have responsibility for supervision of youth confined in a secure juvenile detention facility or Type 1 facility provided all of the following are met:

(a) The staff member has successfully completed required training specific to each type of facility.

(b) The facility is able to meet the applicable staffing plan of each facility type.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Wis. Admin. Code § DOC 347.60 Physical space of collocated facilities {#sec-doc-347.60 omnilex-key=us-wi-regs-official--agency-doc--DOC 347.60}

(1) This section applies to secured residential care centers for children and youth located in a portion of a secure juvenile detention facility or a Type 1 juvenile correctional facility under s. 301.37 (1m), Stats.

(2) A secured residential care center for children and youth may share any of the following areas with a secure juvenile detention facility or a Type 1 juvenile correctional facility:

(a) Receiving room.

(b) Holding room.

(d) Receiving space.

(e) Visitation space.

(3) With the exception of special events, a secured residential care center for children and youth may share, but not concurrently use, any of the following areas in a secure juvenile detention facility or a Type 1 juvenile correctional facility:

(a) Multipurpose room.

(b) Classroom space.

(d) Indoor recreation space.

(e) Outdoor recreation space.

(f) Cafeteria or common space for meals.

(g) Food service space under s. DOC 347.10 (12) when used for programming.

(4) A secured residential care center for children and youth shall not share youth housing with a secure juvenile detention facility or a Type 1 juvenile correctional facility.

History

CR 20-030: cr. Register October 2021 No. 790, eff. 11-1-21.

Chapter DOC 348 HUBER FACILITIES

Wis. Admin. Code § DOC 348.01 Purpose and authority {#sec-doc-348.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.01}

The purpose of this chapter is to establish minimum standards for the design and construction of Huber facilities and for maintaining sanitary and safe conditions in these facilities. These rules are promulgated under the authority of ss. 301.36 (1) and 227.11 (2) (a), Stats.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87.

Wis. Admin. Code § DOC 348.02 Applicability {#sec-doc-348.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.02}

This chapter applies to all Huber facilities established by counties under s. 303.09, Stats.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87.

Wis. Admin. Code § DOC 348.03 Definitions {#sec-doc-348.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.03}

In this chapter:

(1) “Day room” means an area in the facility which is readily accessible to each group of sleeping rooms or dormitories and which is designated and used as a leisure time area.

(2) “Department” means the department of corrections.

(3) “Dormitory” means a room used for sleeping purposes and designed for occupancy by 3 or more persons.

(4) “Huber facility” or “facility” means a place of incarceration established by a county or a group of counties under s. 303.09, Stats., for use exclusively by persons granted leave privileges under s. 303.08 (1), Stats., and persons confined under s. 973.09 (4), Stats.

(5) “Multipurpose room” means a room or an area in the facility designated for recreational activities, physical exercise or congregate assembly other than visiting.

(6) “Sheriff” means the administrator of a facility and includes the superintendent of a house of correction.

(7) “Sleeping room” means a room used for sleeping purposes and designed for single or double occupancy.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87.

Wis. Admin. Code § DOC 348.04 Construction plans {#sec-doc-348.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.04}

All sites, plans and specifications for construction or remodeling of a facility shall comply with the state commercial building code, chs. SPS 361 to 365, including requirements for a barrier-free environment and shall, following approval by the department of safety and professional services, be submitted to the department for approval pursuant to s. DOC 350.04.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87; corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522; correction made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

Wis. Admin. Code § DOC 348.05 Physical environment {#sec-doc-348.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.05}

(1) Sleeping rooms.

(a) Sleeping rooms shall provide not less than 56 square feet for single occupancy and 100 square feet for double occupancy. The distance between the floor and ceiling may not be less than 8 feet and the distance between walls may not be less than 7 feet.

(b) Each occupant of a sleeping room shall have a bed, desk, chair and storage area for personal property.

(c) Sleeping rooms shall be provided with light of at least 10 footcandles and with the capability to reduce lighting during sleeping hours to a level which permits security checks.

(d) Each sleeping room shall be equipped with a door and shall have an observation panel which permits security checks.

(e) Locks, if provided on sleeping room doors, may not prevent the occupant or occupants from leaving the room.

(2) Dormitories.

(a) Dormitories shall have a minimum floor area of 50 square feet per occupant and a floor to ceiling height of not less than 8 feet.

(b) A secured locker for clothing and personal property shall be provided for each occupant of the dormitory.

(c) The number of beds in each dormitory may not exceed the number of occupants indicated by square footage requirements specified in par. (a).

(d) Dormitories shall be provided with light of at least 10 footcandles and with the ability to reduce lighting during sleeping hours to a level which permits security checks.

(e) Locks, if provided on entrance and exit doors of a dormitory, may not prevent the occupants from leaving the dormitory.

(3) Dayrooms.

(a) All sleeping rooms and dormitories shall be provided with one or more dayrooms in their immediate vicinity that are accessible to inmates. A dayroom shall provide a minimum of 35 square feet for each occupant of the dormitories and sleeping rooms which have access to it. The distance between the ceiling and floor of a dayroom shall be at least 8 feet.

(b) Each dayroom shall have sufficient tables and seating for the number of occupants of the dormitories and sleeping rooms that have access to it.

(4) Multipurpose room. Each facility shall provide a multipurpose room for recreation and physical exercise. The multipurpose room shall have a minimum of either 300 square feet or 35 square feet per occupant at maximum capacity of the facility, whichever is greater.

(5) Visiting area. Each facility shall provide a visiting area separate from inmate sleeping rooms, dormitories, dayrooms and multipurpose rooms. Space in the visiting area shall be sufficient to permit 10% of the maximum population of the facility to visit at the same time.

(6) Receiving and processing area. Each facility shall have an area for receiving and processing inmates. The area shall be immediately adjacent to the entrance of the facility and shall be designed so that activities conducted within the area cannot be viewed by the public.

(7) Toilet and bathing facilities. The facility shall have sufficient washbasins, stools and urinals, and showers or bathtubs. The minimum number of bathroom fixtures is specified in Table DOC 348.05.

(8) Doors and locks.

(a) Each entrance and exit door to the facility shall be equipped with a locking mechanism that prevents unauthorized entry. The locking mechanism may not prevent exiting by inmates or staff.

(b) Entrance and exit doors shall be provided with an indicator light in the staff area and with an alarm system which will sound when the door is opened without authorization.

(9) Window screens. All windows accessible to inmates shall have screens of .047 gauge with tensile strength of 1600 pounds per linear inch after weaving to prevent the introduction of contraband.

(10) Exterior approaches. The exterior of the facility and approaches to the facility shall be well lighted at night to permit observation of persons approaching the building.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87.

Wis. Admin. Code § DOC 348.06 Fire safety {#sec-doc-348.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.06}

(1) Each facility shall have and shall properly maintain fire alarms, smoke detectors, sprinkler systems, fire extinguishers, fire attack equipment and self-contained breathing apparatuses which operate for at least 30 minutes. This equipment shall be placed in the facility in accordance with the advice of the local fire department.

(2) Each facility, in collaboration with the local fire department, shall develop written plans for fire protection, evacuation, and training of staff in equipment use and evacuation.

(3) The evacuation plan developed under sub. (2) shall be posted in a conspicuous place in the facility.

(4) The sheriff or a designee shall arrange for a fire inspection by the local fire department at least once every 6 months. Documentation of inspections shall be included in facility files.

(5) Each facility shall have standby emergency power for all electrically operated smoke detectors, fire alarms, exit lighting and selected lighting within the facility. Emergency power shall be designed to start up automatically within 10 seconds of the failure of normal power. The emergency power source shall be capable of generating power for at least 11⁄2 hours.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87.

Wis. Admin. Code § DOC 348.07 Sanitation {#sec-doc-348.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.07}

All facilities shall meet the requirements of ch. DHS 190. In addition:

(1) Clean sheets, pillowcases, blankets and towels shall be provided to each inmate upon admission;

(2) Blankets shall be laundered or sterilized before reissue and at least every 3 months;

(3) Sheets and pillowcases shall be changed and washed at least weekly;

(4) Clean towels and washcloths shall be issued to each inmate twice per week;

(5) A mattress and pillow shall be provided for each bed;

(6) Each mattress and pillow shall be made of fire-resistant material and covered with a fire retardant, waterproof, easy-to-sanitize material. Mattresses and pillows shall be kept in good repair and in a clean and sanitary condition;

(7) Suppliers of mattresses and pillows shall provide evidence to the sheriff that the contents of their products are fire resistant and that the products are fire retardant, waterproof and easy to clean.

(8) Mattresses shall be at least 3 inches thick and of proper size to fit the bed.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666; republished to correct an error in transcription in (6) Register August 2026 No. 848.

Wis. Admin. Code § DOC 348.08 Maintenance and repair {#sec-doc-348.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.08}

(1) Facility staff shall inspect the facility daily to discover inoperative devices and equipment and areas in need of repair and maintenance.

(2) Defects in the physical plant and its contents that endanger any inmates’ safety, health or life, or that threaten serious damage to the facility shall be repaired immediately. If the repairs cannot be made immediately, the defective area or items may not be used.

(3) Repairs shall restore the facility to its original condition or to an equivalent safe condition.

(4) Routine repair and maintenance of the facility shall be performed consistently to ensure that the facility is in proper condition.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87.

Wis. Admin. Code § DOC 348.09 Records and reporting {#sec-doc-348.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 348.09}

(1) Register of inmates. A register of all inmates shall be kept with identifying information that includes name, age, sex, race, court order, time of placement and placing authority, and time of release and releasing authority. If an inmate escapes, the time and manner of the escape shall be included in the register.

(2) Medical records. While an inmate is in custody, records shall be maintained on medical screening conducted on admission to the facility, medications prescribed, medical evaluations and treatment provided. Medical records shall be kept separate from other records and shall be maintained in a confidential manner in accordance with ss. 146.81 to 146.83, Stats., and other applicable state and federal laws.

(3) Discipline records. Records shall be maintained of disciplinary actions that result in loss of good time or loss or privileges in accordance with ss. 302.43 and 303.08 (10), Stats.

(4) Registration of visitors. Visitors shall be required to register upon entering the facility.

(5) Storage of records. Records shall be secured in locked desks or in filing or storage cabinets.

(6) Reporting requirements.

(a) The sheriff shall notify the department’s regional detention facility specialist immediately when any of the following situations occur:

When an inmate dies or attempts suicide and requires hospitalization;
When an inmate escapes or attempts to escape; or
When a fire, natural disaster, riot, inmate escape or other major occurrence damages the facility.

(b) Information requested by the department shall be promptly furnished by the sheriff.

History

Cr. Register, August, 1987, No. 380, eff. 9-1-87.

Chapter DOC 349 MUNICIPAL LOCKUP FACILITIES

Wis. Admin. Code § DOC 349.01 Purpose and authority {#sec-doc-349.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.01}

(1) The purpose of this chapter is to establish minimum standards for the design, construction and security of municipal lockup facilities, for maintaining sanitary and safe conditions in lockups and for the development of written program standards for municipal lockup facilities relating to holding inmates and juveniles who are alleged to have committed a delinquent act.

(2) The purpose of this chapter as it applies to juveniles is to protect the health, safety and welfare of juveniles held in municipal lockup facilities, and to ensure compliance with 42 USC 5601 to 5761 and 28 CFR Part 31.

(3) This chapter is promulgated under the authority of ss. 227.11 (2) (a), 301.03 (5), 301.36, 301.37, 302.365, and 938.209 (2m), Stats.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, December, 1992, No. 444, eff. 1-1-93; emerg. renum. (intro.) to be (1), cr., (2) and (3), eff. 12-10-98; renum. intro. to be (1), cr. (2) and (3), Register, June, 1999, No. 522, eff. 7-1-99.

Wis. Admin. Code § DOC 349.02 Applicability {#sec-doc-349.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.02}

This chapter applies to all lockup facilities operated by municipalities under ss. 302.30, 61.24, and 62.09 (13), Stats.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90.

Wis. Admin. Code § DOC 349.03 Definitions {#sec-doc-349.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.03}

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.

History

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.

Wis. Admin. Code § DOC 349.04 Prohibited uses {#sec-doc-349.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.04}

Pursuant to s. 302.30, Stats., a lockup may not be used to hold persons pending trial who have appeared in court or persons who have been committed to imprisonment for nonpayment of fines or forfeitures.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. renum. (1) and (2), eff. 12-10-98; renum. (1) to be intro., and renum. (2) to be DOC 349.21 (1), Register, June, 1999, No. 522, eff. 7-1-99.

Wis. Admin. Code § DOC 349.05 Construction plans {#sec-doc-349.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.05}

(1) Before design development begins, a village or city which intends to build or remodel a lockup shall file a letter of intent with the division’s regional detention facilities specialist.

(2) Copies of original and updated design drawings of the area for the lockup shall be submitted to the division’s regional detention facilities specialist at the same time the drawings are submitted to the village or city.

(3) All sites, plans and specifications for construction or remodeling of a lockup shall comply with the state commercial building code, chs. SPS 361 to 365.

(4) Prior to approval by the department of safety and professional services under chs. SPS 361 to 365 and prior to publication of bid documents, 2 complete sets of plans and specifications shall be forwarded to the division for its review and approval.

(5) Upon approval by the division, one set of plans and specifications shall be marked to indicate approval by the division and returned to the office that submitted the plan. The remaining set shall be filed in the division. If the plans and specifications are not approved, both sets shall be returned to the sender.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90; corrections made in (3) and (4) under 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522, eff. 7-1-99; corrections in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (3) and (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

Wis. Admin. Code § DOC 349.06 Physical environment for new or substantially remodeled lockups {#sec-doc-349.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.06}

(1) Applicability. This section applies only to lockups that are constructed or substantially remodeled on or after February 1, 1990.

(2) Equipment and materials. The following equipment and materials in a lockup shall be of detention strength and manufactured, sold and installed by firms that specialize in jail and prison equipment or ordered from a firm that will follow the specifications for detention strength equipment in this chapter:

(a) Windows;

(b) Glazing;

(d) Grills over vents and windows;

(e) Security doors;

(f) Security locks;

(g) Keys;

(h) Hinges;

(i) Food passes;

(j) Observation ports;

(k) “Contraband proof” sills;

(L) Speaking ports;

(m) Seats;

(n) Benches;

(o) Lights;

(p) Locking mechanism housings;

(q) Key cabinets;

(r) Walls;

(s) Windows and door frames;

(t) Bunks;

(u) Tables;

(v) Toilets;

(w) Urinals;

(x) Wash basins;

(y) Drinking fountains;

(z) Showers;

(za) Desks;

(zb) Clothing hooks;

(zc) Shelves;

(zd) Door pulls;

(ze) Screws;

(zf) Bolts;

(zg) Mirrors;

(zh) Floor drains; and

(zi) Ceilings.

(3) Cells.

(a) This subsection applies to all cells except holding rooms. Requirements for holding rooms are specified under sub. (4).

(b) Each cell shall be designed and used for single occupancy only.

(c) Each cell shall have a floor area of ar least 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

(d) Each cell shall have:

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength;
A detention strength, metal, institution-type wash basin and toilet. The wash basin and toilet may be combined in one unit. The wash basin shall have hot and cold running water; and
Detention strength light fixtures that provide at least 10 footcandles of illumination 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.

(4) Holding rooms.

(a) A person under arrest who is in the process of being admitted or released may be placed in a holding room for a period of time not to exceed 4 hours, but only after the decision has been made, in the case of a person being admitted, to admit the person to the lockup facility and a proper entry has been made in the register of inmates required under s. DOC 349.11 (1). Holding rooms shall be located in an area that allows continuous staff observation or electronic surveillance of inmates. Supervision shall be in accordance with the requirements of ss. 302.41 and 302.42, Stats.

(b) Holding rooms may be designed and used for multiple occupancy for inmates of the same security classification who are properly segregated as required under s. 302.36, Stats.

(d) Each holding room shall contain detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of a similar strength.

(e) A detention strength, institution-type wash basin and toilet shall be provided for every 8 occupants and, for holding rooms designed for male occupancy, a urinal shall be provided.

(f) Hot and cold running water shall be provided.

(g) A holding room shall have a floor area of at least 50 square feet. The maximum capacity for a holding room with at least 50 square feet of floor space but less than 60 square feet of floor space shall be 5 persons. The maximum capacity for a larger holding room shall be one more person for every additional 10 square feet of floor space.

(5) Exterior windows.

(a) This subsection applies only to lockup facilities that have exterior windows. In this subsection,“exterior window” means any window that faces the exterior of the lockup facility or an area outside the secure detention area of the lockup facility.

(b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure detention area of the lockup facility from observing inmates within the lockup.

(c) Each exterior window that has an opening in any direction in excess of 51⁄2 inches shall be covered with security steel grills to prevent escape.

(d) If an exterior window is accessible to inmates and opens, the window shall be mounted in a detention strength frame and shall be covered on the inside with a security screen of at least 1600 pound per lineal inch tensile strength and made of at least .047 mil. diameter wire to prevent the passage of contraband.

(e) If an exterior window is not accessible to inmates and opens, the window’s security screen need not meet the requirements of par. (d), but the screen shall have a tensile strength of at least 800 pounds per lineal inch and shall be made of wire of at least .028 mil. diameter.

(f) If an exterior window does not open, whether or not it is accessible to inmates, the security screen required under par. (d) or (e) may be omitted it the window is mounted in a detention strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

(6) Exterior approaches. The exterior of the lockup and approaches to the lockup shall be well lighted at night to permit observation of persons approaching the building.

(7) Walls.

(a) Walls on the exterior of the lockup shall be constructed of reinforced concrete or fully grouted concrete block at least 8 inches thick, or the walls shall be constructed of materials of similar strength which provide equivalent security.

(b) Walls in the interior of the lockup shall be constructed of reinforced concrete or fully grouted concrete block at least 6 inches thick, or the walls shall be constructed of materials of similar strength which provide equivalent security.

(8) Ceilings. Ceilings in areas accessible to inmates shall be constructed of pre-cast concrete or flat steel of at least 3/16 inch thickness, or ceilings shall be constructed of materials of similar strength which provide equivalent security.

(9) Doors and locks.

(a) Every door that leads to the exterior of the lockup facility or to an area outside the secure detention area of the lockup shall have a sill designed to prevent the introduction of contraband.

(b) Every door entering into the secure detention area of the lockup shall be of detention strength. Each of these doors shall have a vision panel or other means of observation to permit identification of individuals before they enter the secure detention area of the lockup and to allow observation of the area before entering it. If the vision panel has an opening in any direction in excess of 51⁄2 inches, the opening shall be covered with detention strength steel grills to prevent escape.

(c) If locks to cell or holding room doors have an electric release, the electric release shall have a mechanical emergency release. The mechanical emergency release may be by key at the cell door provided that the inmate does not have access to the key hole mechanism.

(10) Access to controls. Inmates may not have access to plumbing, wiring, vents, thermostats, switches or controls.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90.

Wis. Admin. Code § DOC 349.07 Physical environment of existing lockups {#sec-doc-349.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.07}

(1) This section applies to lockups that were constructed before February 1, 1990 and have not been substantially remodeled on or after February 1, 1990.

(2) Each cell shall be designed and used for single occupancy only.

(3) Each cell shall be at least 5-1⁄2 feet wide and 7-1⁄2 feet long and provide 400 cubic feet of air space.

(4) Each cell shall contain a rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of similar strength, a prison-type wash bowl a prison-type toilet. The supply of water shall be adequate.

(5) All windows accessible to prisoners shall be covered with a heavy gauge screen of 1⁄4″ mesh or less or a detention screen to prevent passage of contraband.

(6) An approved security door with a security glass observation opening shall be provided for each entrance into the secure detention area of a lockup facility. The door may not be unlocked except to admit authorized persons and inmates.

(7) A modern detention strength locking device shall be installed on each security door.

(8) The exterior of and approaches to the lockup shall be well lighted at night to permit observation of persons approaching the building.

History

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

Wis. Admin. Code § DOC 349.08 Sanitation and hygiene {#sec-doc-349.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.08}

(1) Except when an inmate’s safety would be jeopardized and the inmate has been identified as having a special problem under s. DOC 349.12, the lockup administrator shall provide:

(a) Clean cloth towels or paper towels and soap to each inmate upon request;

(b) Upon request, toilet articles sufficient for the maintenance of inmate cleanliness and hygiene, including toothpaste, a toothbrush, a comb, toilet paper and basic feminine hygiene materials. There shall be no common use of towels, toothbrushes, combs, shaving materials or feminine hygiene materials;

(c) Adequate and appropriate clothing and footwear for an inmate whose clothing has been confiscated, for use while the inmate is in custody;

(d) Clean blankets to each inmate upon request during normal sleeping hours. Blankets shall be laundered or sterilized before reissue; and

(e) When an inmate is detained overnight, a mattress at least 3 inches thick and of proper size to fit the bed. Each mattress and each pillow shall be covered with fire retardant, waterproof, easy-to-sanitize material. Mattresses and pillows shall be kept in good repair and in a clean and sanitary condition. Suppliers of mattresses and pillows shall provide evidence to the lockup administrator that the products are fire retardant, waterproof and easy to clean.

(2) Each cell shall be cleaned and the toilet area sanitized after an occupant is released. Each holding room shall be cleaned and the toilet area sanitized at least twice a week.

(3) If the facility where the lockup is located has a kitchen where food is prepared for inmates, the kitchen shall meet the requirements for food service and dishwashing provided in ss. DHS 190.09 and 190.10.

(4) All food served to inmates shall be clean, free from spoilage, free from adulteration and misbranding and safe for human consumption.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. am. (1), eff. 3-19-90; am. (1) (intro.) and (b), Register, November, 1990, No. 419, eff. 12-1-90; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

Wis. Admin. Code § DOC 349.09 Health care {#sec-doc-349.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.09}

(1) The lockup administrator shall provide or secure necessary medical treatment for persons in custody, including treatment for inmates who appear to be seriously ill or injured, inmates who exhibit significant mental or emotional distress and inmates who appear to be so significantly under the influence of a controlled substance or alcohol as to have impaired functioning.

(2) The lockup administrator shall provide or secure emergency dental care for inmates.

(3) No prescription medication or treatment may be administered to an inmate unless prescribed by a physician. If a nurse or physician is not available, lockup staff may deliver prescribed doses of oral medication at prescribed times.

(4) Any medications kept at the lockup shall be stored in a secure area that is not accessible to inmates.

(5) If an inmate dies or becomes acutely ill while in custody, the next of kin shall be notified as soon as possible.

(6) An itemized list shall be kept for 90 days of all food and beverages served during normal meal times.

(7) Medical records shall be kept separate from other records and shall be maintained in a confidential manner in accordance with ss. 146.81 to 146.83, Stats., and any other applicable state or federal laws.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90; r. (1) and (5), renum. (2) to (4) and (6) to (8) to be (1) to (6), cr. (7), Register, December, 1992, No. 444, eff. 1-1-93.

Wis. Admin. Code § DOC 349.10 Fire safety {#sec-doc-349.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.10}

(1) Each lockup shall have and shall properly maintain fire alarms, smoke and thermal detectors, fire extinguishers, fire attack equipment and self-contained breathing apparatuses which operate for at least 30 minutes. This equipment shall be placed in the lockup facility in accordance with the advice of the local fire department.

(2) Each lockup shall develop written policies on fire protection, evacuation, including evacuation of persons with disabilities, and training of staff in equipment use and evacuation. The policies shall comply with local fire department recommendations.

(3) The evacuation route developed as part of the evacuation policy under sub. (2) shall be posted in a conspicuous place for lockup staff within the lockup facility.

(4) The lockup administrator shall arrange for a fire inspection by the local fire department at least once every 6 months. Documentation of fire inspections shall be included in facility files.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90.

Wis. Admin. Code § DOC 349.11 Records and reporting {#sec-doc-349.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.11}

(1) Register of inmates. Each lockup shall keep a register of all inmates. The register shall contain identifying information on each inmate that includes name, residence, age, sex, date of birth, race, time and date of confinement, cause and authority for the confinement, time and date of release, and the releasing authority. If an inmate escapes from confinement, the date, time and manner of the escape shall be recorded in the register.

(2) Lockup log. Each lockup shall have a log which shall include the information required in s. DOC 349.12 (1) and (5). The log shall be maintained by shift on a daily basis.

(3) Storage of records. Records shall be kept in a secure area.

(4) Reporting requirements.

(a) The lockup administrator shall notify the division’s regional detention facilities specialist within 48 hours after any of the following events occur:

An inmate dies;
An inmate attempts suicide and is admitted to a hospital, not including an emergency room admission or admission for detention and evaluation under ch. 51, Stats., or is provided medical treatment for a life-threatening injury incurred as a result of the suicide attempt;
An inmate has received an injury and is hospitalized due to the injury;
An inmate escapes or attempts to escape from confinement; or
There is any significant damage to the lockup affecting the safety or security of the lockup.

(b) Information requested by the division shall be promptly furnished by the lockup administrator.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. r. and recr. (4) (a), eff. 3-19-90; r. and recr. (4) (a), Register, November, 1990, No. 419, eff. 12-1-90.

Wis. Admin. Code § DOC 349.12 Security {#sec-doc-349.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.12}

(1) Lockup staff shall physically inspect all areas of the lockup occupied by inmates at irregular intervals but at least once every 60 minutes during the day and night, to ensure that inmates are in custody and are safe, except that areas occupied by inmates who have been identified by lockup staff as having a special problem, such as mental disturbance, a suicidal tendency or severe alcohol or drug withdrawal, shall be physically inspected at least once every 15 minutes. Lockup staff shall record each inspection in the lockup log, including the time of the inspection and the inspecting staff member’s initials.

(2) There shall be at least 3 complete sets of lockup and fire escape keys, one set in use, one set stored in a secure place within the secure detention area which is accessible only to lockup personnel for use in an emergency and one set stored in a secure place outside the secure detention area.

(3) All lockup personnel shall be given instructions concerning the use and storage of lockup and fire escape keys and shall be held strictly accountable for keys assigned to them.

(4) All lockup personnel shall be familiar with the lockup system of the lockup facility and shall be able to release inmates promptly in the event of a fire or other emergency.

(5) The lockup administrator shall ensure that lockup staff make monthly inspections to determine if cell and fire escape locks and doors are in good working order. Each inspection shall be recorded in the lockup log.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90.

Wis. Admin. Code § DOC 349.13 Use of force {#sec-doc-349.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.13}

Corporal punishment of inmates is forbidden.

History

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

Wis. Admin. Code § DOC 349.14 Discipline {#sec-doc-349.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.14}

Lockup staff may not give an inmate disciplinary authority over another inmate.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90.

Wis. Admin. Code § DOC 349.15 Exceptions {#sec-doc-349.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.15}

(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.

History

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.

Wis. Admin. Code § DOC 349.16 Policy and procedure manual {#sec-doc-349.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.16}

(1) Content of manual. The lockup administrator shall develop a written policy and procedure manual for the operation of each lockup facility. The policies and procedures contained in the manual shall be developed in consultation with outside resources, such as medical, mental health, alcohol and other drug abuse, and developmental disabilities providers, and shall reference any agreements with such providers for the provision of services to inmates identified as needing care and treatment. The manual shall contain the following components:

(a) Statement of the availability of the manual to staff.

(b) Statement of the policies of the lockup facility on inmate programs, including inmate health screening and care, suicide prevention, control and administration of medications, and communicable disease control.

(c) Statement of policies and procedures for detention of juveniles who are alleged to have committed a delinquent act, consistent with s. DOC 349.21.

(d) Statement of the procedure for notification of inmates and juveniles of each policy under pars. (b) and (c).

(2) Submission and approval of manual.

(a) Division approval. The lockup administrator shall submit the initial policy and procedure manual to the division for approval by April 1, 1993.

The division shall approve or disapprove the manual in writing within 60 days after submission. If the division approves the manual, the division shall notify the lockup administrator in writing of the approval.
If the division disapproves the manual, the division shall notify the lockup administrator in writing of the decision and the reasons for the disapproval. If the lockup administrator accepts the decision, the lockup administrator shall submit a revised manual which conforms with the decision within 21 days of the date of the disapproval. If the lockup administrator does not accept the decision of the division, then the lockup administrator may appeal under par. (b).

(b) Appeal to secretary. Within 21 days of the date of the disapproval, the lockup administrator may appeal the division’s disapproval to the secretary. The secretary shall issue a decision within 30 days of the appeal. The decision shall be in writing and shall state the reasons for the decision. If required by the secretary’s decision, the lockup administrator shall modify the manual and resubmit it within 60 days of the decision to the division.

(c) Changes to manual. Any proposed substantive changes to an approved manual shall be submitted to the division and shall be reviewed under the procedures of this section.

History

Cr. Register, December, 1992, No. 444, eff. 1-1-93; emerg. renum. (1) (c) to be (1) (d) and am., cr. (1) (c), eff. 12-10-98; renum. (1) (c) to be (1) (d) and am., cr. (1) (c), Register, June, 1999, No. 522, eff. 7-1-99.

Wis. Admin. Code § DOC 349.17 Inmate health screening and care {#sec-doc-349.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.17}

The manual under s. DOC 349.16 shall contain policies and procedures for inmate health screening and care, including the following components:

(1) Health screening form which is developed in conjunction with health care professionals and which is used at booking to obtain 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.

(2) Procedures for the documentation of health screening results, referrals made or health care provided and maintenance of documents in an inmate’s confidential medical file.

(3) Names, addresses and telephone numbers of health care providers or agencies who have agreed to provide emergency and other health care services for special needs inmates.

(4) Procedures for the referral of an inmate to lockup facility health care staff or to other agencies which provide health care.

(5) Designation of staff who have the authority to make health care decisions, including emergency medical and dental care.

(6) Documentation in an inmate’s confidential medical file of any referral and identification of the services provided, including emergency services.

(7) Maintenance of agreements between the lockup facility and providers of health care services.

History

Cr. Register, December, 1992, No. 444, eff. 1-1-93.

Wis. Admin. Code § DOC 349.18 Suicide prevention {#sec-doc-349.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.18}

The manual under s. DOC 349.16 shall contain policies and procedures relating to the supervision and housing of inmates who may be at risk of seriously injuring themselves, including the following components:

(1) Assessment of an inmate’s suicide risk at booking and documentation of the results.

(2) Designation of persons who may assess an inmate’s level of suicide risk and who may authorize placement on and removal from a suicide watch status for inmates who are suicide risks.

(3) Identification of housing areas for inmates who are suicide risks.

(4) Referral of inmates who are suicide risks to mental health care providers or facilities.

(5) Supervision of inmates who are suicide risks, including frequency of observation and documentation of supervision.

(6) Communication between health care and lockup facility personnel regarding the status of an inmate who is a suicide risk.

(7) Intervention of a suicide in progress, including first aid measures.

(8) List of persons to be notified in case of potential, attempted or completed suicides.

(9) Documentation of actions and decisions regarding inmates who are suicide risks.

History

Cr. Register, December, 1992, No. 444, eff. 1-1-93.

Wis. Admin. Code § DOC 349.19 Control and administration of medications {#sec-doc-349.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.19}

The manual under s. DOC 349.16 shall contain policies and procedures relating to the control and administration of prescription and nonprescription medications, including the following components:

(1) Determination by appropriate personnel that all medications brought in by inmates or other persons for an inmate are necessary.

(2) Inventory and secured storage of all medications brought into the lockup facility.

(3) Designation of staff who are authorized to administer or who are authorized to deliver medication to inmates.

(4) Administration or delivery of prescription and nonprescription medications to inmates.

(5) Documentation of all medication administered or delivered to an inmate, including who prescribed the medication, who administered or delivered the medications and the date and time of administration or delivery. All refusals of recommended or prescribed medications by an inmate must be documented.

(6) Return of an inmate’s medications inventoried at admission.

(7) Inventory or disposal of unused medications upon the inmate’s release or transfer.

History

Cr. Register, December, 1992, No. 444, eff. 1-1-93.

Wis. Admin. Code § DOC 349.20 Communicable disease control {#sec-doc-349.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.20}

The manual under s. DOC 349.16 shall contain policies and procedures relating to the care, treatment and supervision of inmates who may have communicable diseases, including the following components:

(1) Provision of treatment and supervision of inmates during isolation or quarantine under s. 252.06 (6) (b), Stats.

(2) Documentation of the need for isolation or quarantine under s. 252.06 (6) (b), Stats., in the inmate’s confidential medical file.

History

Cr. Register, December, 1992, No. 444, eff. 1-1-93; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

Wis. Admin. Code § DOC 349.21 Detention of juveniles {#sec-doc-349.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 349.21}

(1) A lockup may not be used for the secure detention of juveniles, except a lockup may be used to hold juveniles who are alleged to have committed a delinquent act.

(2) A lockup administrator may authorize the holding of a juvenile who is alleged to have committed a delinquent act only if all of the following criteria are met:

(a) Except as provided in this section, the lockup facility meets the provisions of this chapter and has been approved by the department as a suitable place for holding juveniles in custody.

(b) The lockup administrator shall have developed and implemented policies and procedures which ensure sight and sound separation between juveniles and adult inmates in all areas of the lockup facility, including entrances, booking, intake, elevators, staircases, cells, holding rooms, and all other areas in which juveniles could have contact with adult inmates.

(c) The lockup administrator shall have established and implemented policies and procedures to ensure that juvenile records are maintained in a confidential manner and kept separate from adult inmate records in accordance with s. 938.396, Stats.

(3) The lockup administrator may only authorize that a juvenile who is alleged to have committed a delinquent act be placed in secure custody status for a period of time not to exceed 6 hours.

(4) The lockup administrator may only authorize that a juvenile who is alleged to have committed a delinquent act be placed in secure custody status for investigative purposes.

(5) Lockup facility staff shall physically observe each juvenile and document each observation. The observations shall be at irregular intervals in accordance with the following schedule:

(a) Every juvenile at least once every 20 minutes.

(b) Every juvenile exhibiting behavioral or mental problems, such as mental disturbance, suicidal tendency, or being under the influence of alcohol or drugs, at least once every 15 minutes.

History

Emerg. cr. eff. 12-10-98; cr. Register, June, 1999, No. 522, eff. 7-1-99.

Chapter DOC 350 JAILS

Wis. Admin. Code § DOC 350.01 Purpose and authority {#sec-doc-350.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.01}

The purpose of this chapter is to establish minimum standards for the design, construction, and operation of jails and houses of correction. The rules are promulgated under the authority of ss. 227.11 (2) (a), 301.03 (5), 301.36, 301.37, and 302.365, Stats.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.02 Applicability {#sec-doc-350.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.02}

This chapter applies to all jails established by counties under s. 302.30, Stats., all state-local shared correctional facilities established under s. 302.45, Stats., and all county houses of correction established under s. 303.16, Stats.

History

Cr. Register, February, 1990, No. 410, eff. 3-1-90; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.03 Definitions {#sec-doc-350.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.03}

In this chapter:

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

(2) “Cell” means a secure room designed and used as a sleeping room for one person confined in a jail, except that, when the jail meets the conditions for double celling under s. DOC 350.20, “cell” means a secure room designed as a sleeping room and used for sleeping one or two persons confined in a jail.

(3) “Confinement” means placement in a cell of a person who has been arrested and is awaiting bail or bond posting, arraignment, or another legal proceeding listed under ss. 938.208 and 938.209, Stats., for juveniles, or s. 302.31, Stats., for adults.

(4) “Contraband” means any item not allowed in a jail by the sheriff or by this chapter.

(5) “Court holding room” means a secure room outside the secure perimeter of the jail adjacent to or near courtrooms.

(6) “Dayroom” means an area in a jail that is readily accessible to inmates, contiguous to a group of cells or dormitory, and is designed and used for leisure or recreation activities but not for sleeping purposes.

(7) “Deliver” or “delivery” has the meaning given in s. 450.01 (5), Stats.

(8) “Department” means the Wisconsin department of corrections.

(9) “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.

(10) “Dormitory” means a room used for sleeping purposes and designed for occupancy by two or more persons.

(11) “Exercise space” means a room or an area in a jail that is designated for inmate exercise and recreation.

(12) “Health screening form” means the form used to record information about medical, mental health, and dental conditions; physical and developmental disabilities; alcohol or other drug abuse problems; and suicide risk.

(13) “Holding room” means a secure room in the jail designed for holding more than one inmate of the same sex and classification for the purpose of processing admissions and releases.

(14) “Huber law inmate” means an inmate who has been granted the privilege of leaving a jail under s. 303.08 or 973.09 (4), Stats.

(15) “Jail” means a place of confinement operated by a sheriff for the purposes listed under s. 302.31, Stats. “Jail” includes a jail as defined under s. 302.30, Stats., a state-local shared correctional facility as defined under s. 302.45, Stats., and a county house of correction as defined under s. 303.16, Stats.

(16) “Multipurpose room” means a room or an area in a jail that is designated for programming or congregate assembly other than visiting.

(17) “Natural lighting” means direct or indirect illumination as provided by the sun or daylight.

(18) “Privileged mail” means any written materials between an inmate and an attorney.

(19) “Receiving cell” means a secure room designed and used as a sleeping room for one person confined in a jail to segregate the person for admission, release, or disciplinary purposes.

(20) “Secretary” means the secretary of the department.

(21) “Secure perimeter of the jail” means the secure outer boundaries of a jail.

(22) “Security classification” means a grouping of inmates based on the level of supervision required, the nature of the offense for which the inmate was arrested or of which the inmate was convicted, or other criteria set by the sheriff.

(23) “Sheriff” means the person in charge of jail operations or a designee.

(24) “Unencumbered space” means usable floor space that is not encumbered by furnishings or fixtures.

History

Cr. Register, February, 1990, No. 410, eff. 3-1-90; r. and recr. Register, November, 1990, No. 419, eff. 12-1-90; renum. (1) to (16) to be (2) to (5), (7) to (10), (12) to (15), (17), (19) to (21) and am. (9), cr. (1), (6), (11), (16), (18) and (22), Register, December, 1992, No. 444, eff. 1-1-93; corrections in (3) made under 13.93 (2m) (b) 7., Stats., Register, June, 1999, No. 522; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.04 Construction plans {#sec-doc-350.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.04}

(1) Before design development begins, a county that intends to build or remodel a jail shall file a letter of intent with the department’s regional detention facilities specialist.

(2) Copies of original and updated drawings of the area within the secure perimeter of the jail shall be submitted to the department’s regional detention facilities specialist at the same time the drawings are submitted to the county.

(3) All sites, plans, and specifications for construction or remodeling of a jail shall comply with the Wisconsin commercial building code.

(4) Prior to publication of bid documents, one complete set of plans and specifications shall be forwarded to the department for review and approval.

(5) Any proposed changes to the approved plans must be submitted to the department for review and approval.

History

Cr. Register, February, 1990, No. 410, eff. 3-1-90; corrections in (3) and (4) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522; corrections in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (3) and (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; CR 13-038: r. and recr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.05 Physical environment for new or substantially remodeled jails {#sec-doc-350.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.05}

(1) Applicability. This section applies only to jails that are constructed or substantially remodeled on or after September 1, 2014.

(2) Furniture and fixtures. Furniture and fixtures used in a jail shall be of detention strength materials and manufactured, sold, and installed by firms that specialize in detention equipment or ordered from a firm that will follow the specifications for detention strength equipment in this chapter, including all of the following:

(a) Benches.

(b) Bolts.

(d) Ceilings.

(e) Clothing hooks.

(f) Contraband proof thresholds.

(g) Desks.

(h) Door pulls.

(i) Drinking fountains.

(j) Floor drains.

(k) Food passes.

(L) Glazing.

(m) Grills over vents and windows.

(n) Hinges.

(o) Key cabinets.

(p) Lights.

(q) Locking mechanism housings.

(r) Mirrors.

(s) Observation ports.

(t) Screws.

(u) Seats.

(v) Security doors.

(w) Security locks.

(x) Security screens.

(y) Shelves.

(z) Showers.

(za) Skylights.

(zb) Speaking ports.

(zc) Sprinkler heads.

(zd) Tables.

(ze) Toilets.

(zf) Urinals.

(zg) Walls.

(zh) Washbasins.

(zi) Windows.

(zj) Window and door frames.

(3) Cells.

(a) This subsection applies to all cells except receiving cells and holding rooms. Requirements for receiving cells are specified under sub. (5), and requirements for holding rooms are specified under sub. (7).

(b) Except if s. DOC 350.20 applies, each cell shall be designed and used only for single occupancy.

(c) Except if s. DOC 350.20 applies, each cell shall have a floor area of at least 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.

(d) Double cells shall have a floor area of at least 25 square feet of unencumbered space per occupant. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.

(e) There shall be at least one shower or bathtub in each area where cells are located. There shall be hot and cold running water in the showers and bathtubs, and the hot water shall maintain a minimum temperature of 110°F to the mixer. In this paragraph, “mixer” means the part of the plumbing system that combines hot and cold water.

(f) All dayrooms, dormitories, and cellblocks shall provide the occupants with access to natural light.

(g) Each cell shall have all of the following:

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength for each inmate.
A detention strength, metal, institution-type washbasin and toilet. The washbasin and toilet may be combined in one unit. The washbasin shall have hot and cold running water.
Detention strength light fixtures that shall provide at least 10 foot-candles of illumination, 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.
A detention strength, metal, institution-type mirror that is not removable.

(4) Dayrooms.

(a) All dormitories and cells, except receiving cells and holding rooms, shall be provided with one or more dayrooms in their immediate vicinity that are accessible to inmates.

(b) Dayrooms shall provide a minimum of 35 square feet per inmate.

(c) Each dayroom shall have detention strength tables and seating for the number of occupants that have access to the dayroom.

(d) Illumination in dayrooms may not be less than 10 foot-candles, 30 inches above the floor.

(5) Receiving cells.

(a) All receiving cells shall be designed and used for single occupancy.

(b) Each receiving cell shall have a floor area of at least 35 square feet of unencumbered space. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength.
A detention strength, metal, institution-type washbasin and toilet. The washbasin and toilet may be combined in one unit. The washbasin shall have hot and cold running water.
Detention strength light fixtures that shall provide at least 10 foot-candles of illumination, 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.

(6) Dormitories.

(a) Inmates may be housed in dormitories if the inmates are of the same security classification.

(b) Each dormitory shall have a minimum floor area of 35 square feet of unencumbered space per occupant for sleeping purposes. In addition, each shall have a minimum floor area of 35 square feet for the purpose of a dayroom. Each dayroom shall have detention strength tables and seating for the number of occupants. Each dormitory shall have a floor to ceiling height of not less than 8 feet.

(d) An area for personal property shall be provided for each occupant of a dormitory.

(e) Dormitories shall be provided with illumination of at least 10 foot-candles, 30 inches above the floor, and with the ability to reduce lighting during sleeping hours to a level that is light enough for security checks.

(f) Each dormitory shall provide adequate showers or bathtubs, toilets, and washbasins for the occupants. Each dormitory shall have hot and cold running water, and the hot water shall maintain a minimum temperature of 110°F to the mixer. In this paragraph, “mixer” means the part of the plumbing system that combines hot and cold water.

(g) Dormitories shall be constructed of materials of detention strength and shall be provided with detention strength equipment.

(7) Holding rooms.

(a) Holding rooms are intended to be used for admission, release, and investigative purposes. A holding room may not be used as a cell, dormitory, or receiving cell. Holding rooms shall be located in an area that allows continuous staff observation or electronic video surveillance of inmates.

(b) Each holding room shall contain detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of a similar strength.

(d) A holding room shall have a minimum floor area of at least 50 square feet with an additional 10 square feet for each occupant above five.

(8) Court holding rooms.

(a) Court holding rooms shall only be used for courtroom purposes. A court holding room may not be used as a cell, dormitory, or receiving cell. Supervision is subject to the requirements of s. DOC 350.18 and ss. 302.41 and 302.42, Stats.

(b) Court holding rooms may be designed and used for multiple occupancy for inmates who are properly segregated under ss. 938.209 and 302.36, Stats.

(c) Each court holding room shall contain detention strength, rigidly constructed seats or benches bracketed to the wall or bolted to the floor or seats or benches of masonry construction of a similar strength.

(d) A detention strength, institution-type washbasin and toilet shall be provided.

(e) A court holding room shall have a floor area of at least 50 square feet with an additional 10 square feet for each occupant above five.

(9) Multipurpose rooms. Each jail shall provide multipurpose rooms for programming, education, or congregate assembly other than visiting. There shall be a minimum of one multipurpose room per every 100 inmates based on approved rated capacity. Each multipurpose room shall have a minimum floor area of 300 square feet.

(10) Exercise space. Each jail shall provide dedicated exercise and recreation space. The space shall have a minimum of 300 square feet.

(11) Exterior windows.

(a) This subsection applies to all windows that lead to the exterior of the jail or to an area outside the secure perimeter of the jail.

(b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure perimeter of the jail from observing inmates within the jail.

(c) Each exterior window that has an opening in any direction in excess of 5 1/2 inches shall be covered with security steel grills to prevent escape.

(d) If an exterior window is accessible to inmates and opens, the window shall be mounted in a detention strength frame and shall be covered on the inside with a 1,600 pound per lineal inch tensile strength security screen of .047 mil. wire diameter to prevent the passage of contraband.

(f) If an exterior window does not open, whether or not it is accessible to inmates, the security screen required under par. (d) or (e) may be omitted if the window is mounted in a detention strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

(12) Exterior approaches. The exterior of the jail and approaches to the jail shall be well lighted at night to permit observation of persons approaching the building.

(13) Walls.

(a) Walls on the exterior of the jail shall be constructed of reinforced concrete or fully grouted concrete block at least 8 inches thick, or the walls shall be constructed of materials of similar strength that provide equivalent security.

(b) Walls in the interior of the jail shall be constructed of reinforced concrete or fully grouted concrete block at least 6 inches thick, or the walls shall be constructed of materials of similar strength that provide equivalent security.

(14) Ceilings. Ceilings in areas accessible to inmates shall be constructed of high impact detention strength materials that are escape resistant, resist damage, and prevent passage of contraband.

(15) Doors and locks.

(a) Every door exit that leads to the exterior of the jail or to an area outside the secure perimeter of the jail shall have detention strength framing and a threshold designed to prevent the introduction of contraband.

(b) Every door entering into the secure perimeter of the jail shall be of detention strength. Each of these doors shall have a vision panel or other means of observation to permit identification of individuals before they enter an area within the secure perimeter of the jail and to allow observation of an area before entering it. If the vision panel has an opening in any direction in excess of 5 1/2 inches, the opening shall be covered with detention strength steel grills to prevent escape.

(c) In multiple cell sections, other than receiving cell sections, the mechanical means of emergency release may not be operated by key locks in the door or cells. The mechanical means of emergency release shall be operated by remote control located in an area not accessible to inmates.

(d) For receiving cells, the mechanical means of emergency release may be operated by key locks in the doors of cells.

(16) Access to controls. Inmates may not have access to plumbing, wiring, vents, thermostats, switches, or controls, except that inmates in dormitories may have limited access to operate lights, radios, and televisions.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.06 Physical environment for new or substantially remodeled jails on or after March 1, 1990 to September 1, 2014 {#sec-doc-350.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.06}

(1) Applicability. This section applies only to jails that are constructed or substantially remodeled on or after March 1, 1990 to September 1, 2014.

(a) Benches.

(b) Bolts.

(d) Ceilings.

(e) Clothing hooks.

(f) Contraband proof thresholds.

(g) Desks.

(h) Door pulls.

(i) Drinking fountains.

(j) Floor drains.

(k) Food passes.

(L) Glazing.

(m) Grills over vents and windows.

(n) Hinges.

(o) Key cabinets.

(p) Lights.

(q) Locking mechanism housings.

(r) Mirrors.

(s) Observations ports.

(t) Screws.

(u) Seats.

(v) Security doors.

(w) Security locks.

(x) Security screens.

(y) Shelves.

(z) Showers.

(za) Speaking ports.

(zb) Tables.

(zc) Toilets.

(zd) Urinals.

(ze) Walls.

(zf) Washbasins.

(zg) Windows.

(zh) Window and door frames.

(3) Cells.

(b) Except if s. DOC 350.20 applies, each cell shall be designed and used for single occupancy only.

(c) Except if s. DOC 350.20 applies, each cell shall have a floor area of at least 54 square feet. The distance between the floor and ceiling may not be less than 8 feet, and the distance between opposite walls may not be less than 6 feet.

(d) A cell that is to be used for double occupancy shall have a floor area of at least 70 square feet.

(f) Each cell shall have all of the following:

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength for each inmate.
A detention strength, metal, institution-type washbasin and toilet. The washbasin and toilet may be combined in one unit. The washbasin shall have hot and cold running water.
Detention strength light fixtures that shall provide at least 10 foot-candles of illumination, 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.
A detention strength, metal, institution-type mirror that is not removable.

(4) Dayrooms.

(a) All dormitories and cells, except receiving cells and holding rooms, shall be provided with one or more dayrooms in their immediate vicinity that are accessible to inmates. If the dayroom is an area within a dormitory, the requirements under sub. (6) (b) apply.

(b) Each dayroom shall have detention strength tables and seating for the number of occupants of the dormitory or cells that have access to the dayroom.

(5) Receiving cells.

(a) All receiving cells shall be designed and used for single occupancy.

(b) Each receiving cell shall have a floor area of at least 54 square feet. The distance between the floor and ceiling may not be less than 8 feet and the distance between opposite walls may not be less than 6 feet.

A rigidly constructed metal bed with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength.
A detention strength, metal, institution-type washbasin and toilet. The washbasin and toilet may be combined in one unit. The washbasin shall have hot and cold running water.
Detention strength light fixtures that shall provide at least 10 foot-candles of illumination, 30 inches above the floor. Lights shall have a dimming capability or there shall be a night light to allow for comfortable sleeping.

(6) Dormitories.

(a) Inmates may be housed in dormitories if the inmates are of the same security classification and properly segregated as required under s. 302.36, Stats.

(b) Each dormitory shall have a minimum floor area of 35 square feet per occupant, excluding the toilet and shower area. Each dormitory shall have a floor to ceiling height of not less than 8 feet.

(d) An area for personal property shall be provided for each occupant of a dormitory.

(e) Dormitories shall be provided with illumination of at least 10 foot-candles, 30 inches above the floor and with the ability to reduce lighting during sleeping hours to a level which is enough for security checks.

(g) Dormitories shall be constructed of materials of detention strength and shall be provided with detention strength equipment.

(7) Holding rooms.

(d) A holding room shall have a floor area of at least 50 square feet with an additional 10 square feet for each occupant above five.

(8) Multipurpose room. Each jail shall provide a multipurpose room for recreation, physical exercise, and congregate assembly other than visiting. The multipurpose room shall have a minimum floor area of 300 square feet.

(9) Exterior windows.

(a) This subsection applies to all windows that lead to the exterior of the jail or to an area outside the secure perimeter of the jail.

(b) All exterior windows shall be translucent or shall be located to prevent persons outside the secure perimeter of the jail from observing inmates within the jail.

(c) Each exterior window that has an opening in any direction in excess of 5 1/2 inches shall be covered with security steel grills to prevent escape.

(10) Exterior approaches. The exterior of the jail and approaches to the jail shall be well lighted at night to permit observation of persons approaching the building.

(11) Walls.

(12) Ceilings. Ceilings in areas accessible to inmates shall be constructed of pre-cast concrete or flat steel of at least 3/16 inch thickness, or ceilings shall be constructed of materials of similar strength which provide equivalent security.

(13) Doors and locks.

(a) Every door that leads to the exterior of the jail or to an area outside the secure perimeter of the jail shall have a threshold designed to prevent the introduction of contraband.

(d) For receiving cells, the mechanical means of emergency release may be operated by key locks in the doors of cells.

(14) Access to controls. Inmates may not have access to plumbing, wiring, vents, thermostats, switches, or controls, except that inmates in dormitories may have limited control over lights, heating, radios, and televisions.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.07 Physical environment of jails constructed before March 1, 1990 {#sec-doc-350.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.07}

(1) This section applies to jails that were constructed before March 1, 1990, and have not been substantially remodeled on or after March 1, 1990.

(2) Except if s. DOC 350.20 applies, each cell shall be designed and used for single occupancy only.

(3) Except if s. DOC 350.20 applies, each cell shall be at least 5 1/2 feet wide and 7 1/2 feet long.

(4) A cell that is to be used for double occupancy shall have a floor area of at least 70 square feet.

(5) Each cell shall contain a rigidly constructed metal bunk with the frame bracketed to the wall or bolted to the floor or a bed built in masonry construction of a similar strength for each inmate, a prison-type wash bowl, and a prison-type toilet.

(6) There shall be adequate showers or bathtubs for the inmates. The supply of hot and cold water shall be adequate.

(7) Inmates may be housed in dormitories if the inmates are of the same security classification and properly segregated as required under s. 302.36, Stats. Dormitories may be used for Huber law inmates or other groups by classification. Dormitories shall include sufficient washbasins, toilets, and showers.

(8) All windows accessible to prisoners shall be covered with a heavy gauge screen of 1/4 inch mesh or less or a detention screen to prevent passage of contraband. If the window leads to the exterior of the jail or to an area outside the secure perimeter of the jail and the exterior window does not open, the detention screen may be omitted if the window is mounted in a detention strength frame and the pane is security glass of sufficient strength to resist breakage and prevent the passage of contraband.

(9) An approved security door with an observation opening shall be provided for each entrance into the secure perimeter of a jail. The door may not be unlocked except to admit authorized persons and inmates.

(10) A detention strength locking device shall be installed on each security door. Jail sections having multiple cells shall be provided with locking devices so that doors may be unlocked by a remote release located in an area not accessible to inmates.

(11) The exterior of and approaches to the jail shall be well lighted at night to permit observation of persons approaching the building.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.08 Variance {#sec-doc-350.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.08}

(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.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.09 Policy and procedure manual {#sec-doc-350.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.09}

(1) Content of manual. The sheriff shall develop a written policy and procedure manual for the operation of each jail. The manual shall contain all of the following:

(a) Statement of the policies of the facility, including policies under ss. DOC 350.11 to DOC 350.35.

(b) Statement of the availability of the manual to staff.

(2) Submission and approval of manual.

(a) Department approval. The sheriff shall submit the initial policy and procedure manual to the department for approval, using the following procedure:

The department shall approve or disapprove the manual in writing within 90 days after submission. If the department approves the manual, the department shall notify the sheriff in writing of the approval.
If the department disapproves the manual, the department shall notify the sheriff in writing of the decision and the reasons for the disapproval. If the sheriff accepts the decision, the sheriff shall submit a revised manual which conforms with the decision within 21 days of the date of the disapproval. If the sheriff does not accept the decision of the department, then the sheriff may appeal under par. (b).

(b) Appeal to secretary. Within 21 days of the date of the disapproval, the sheriff may appeal the department’s disapproval to the secretary. The secretary shall issue a decision within 30 days of the appeal. The decision shall be in writing and shall state the reasons for the decision. If required by the secretary’s decision, the sheriff shall modify the manual and resubmit it within 60 days of the decision to the department.

(c) Changes to manual. Any proposed substantive changes to an approved manual shall be submitted to the department and shall be reviewed under the procedures of this subsection.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.10 Records and reporting {#sec-doc-350.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.10}

(1) Register of inmates. Each jail shall keep a register of all inmates. The register shall contain identifying information on each inmate, including name, residence, age, sex, race, court order, time and cause of placement and placing authority, and time of release and releasing authority. If an inmate escapes, the time and manner of the escape shall be recorded in the register.

(2) Storage of records. Records shall be kept in a secure area. Juvenile records shall be kept separate from adult records and shall be maintained in a confidential manner in accordance with s. 938.396, Stats., and any other applicable federal or state law.

(3) Reporting requirements.

(a) The sheriff shall notify the department’s regional detention facilities specialist within 48 hours after any of the following events occur:

An inmate dies.
An inmate attempts suicide and is admitted to a hospital, excluding an emergency room admission or admission for detention and evaluation under ch. 51, Stats., or is provided medical treatment for a life-threatening injury incurred as a result of the suicide attempt.
An inmate or staff is hospitalized due to an injury caused by assault or use of force.
An inmate escapes or attempts to escape from secure custody.
There is significant damage to the jail affecting the safety or security of the facility.

(b) The sheriff shall promptly furnish to the department all requested information.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.11 Food service {#sec-doc-350.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.11}

The jail shall have policies and procedures relating to food service, including the following components:

(1) The jail shall provide nutritious and quality food for all inmates.

(2) An annual menu review by a qualified nutritionist or dietician shall be completed and maintained in the facility files.

(3) An annual inspection of all full-production and service kitchens in a jail by a qualified, independent outside source documenting that the food service area meets health and safety codes.

(4) Internal monthly inspection of the food service area is completed and documented.

(5) The kitchen area and all equipment are maintained in a sanitary condition. Routine inspections are completed and documented.

(6) Three nutritious meals are provided daily, two of which are hot. Variations may be allowed based on weekend and holiday food service demands, provided basic nutritional goals are met.

(7) Food temperatures are properly maintained.

(8) Food items are stored appropriately at least 6 inches off the floor. Opened food packages are stored in airtight containers that are labeled and dated. Food items are stored in appropriate locations and temperatures.

(9) Special diets are provided as prescribed by a qualified health care professional.

(10) An inmate may abstain from any foods that violate the inmate’s religion. Consistent with available resources, the jail shall provide a substitute from other available foods from the menu served at the meal. The substitutions shall be consistent with sub. (1).

(11) Inmates assigned to the kitchen who prepare or serve food shall bathe or shower daily and be provided a clean uniform.

(12) No person who is known to be infected with any illnesses transmittable by food or utensils may be employed or work as a food handler in a facility.

(13) All persons who work in food service areas shall wear clean garments and clean caps or hairnets and shall keep their hands clean at all times when engaged in the handling of food, drink, utensils, or equipment. Particular attention shall be given to the cleaning of fingernails.

(14) Inmate workers are provided orientation and training prior to assignment in the kitchen area.

(15) Inmate workers are supervised throughout all aspects of food preparation and service.

(16) Food and drink shall be protected from contamination. Meals are covered during transit to and within the facility.

(17) Kitchen food storage and dishwashing equipment temperatures are routinely monitored and documented.

(18) Garbage containers are covered, emptied daily, and kept clean.

(19) Cleaning agents are stored separately from food service items.

(20) A security procedure is in place to control and account for sharps, tools, and utensils at all times.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.12 Sanitation and hygiene {#sec-doc-350.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.12}

The jail shall have policies and procedures relating to sanitation and hygiene, including the following components:

(1) Facilities are required to be clean and in good repair.

(2) Blankets shall be laundered monthly and before reissue.

(3) Sheets, pillowcases, and mattress covers shall be changed and washed at least weekly and before reissue.

(4) Clean towels shall be issued to each inmate twice a week.

(5) Mattresses shall be provided where there is a need for overnight detention. Each mattress and each pillow, if used, shall be covered with a fire retardant, waterproof, easy-to-sanitize material. Mattresses and pillows shall be kept in good repair and in a clean and sanitary condition. The sheriff shall provide adequate bedding. Mattresses shall be cleaned and sanitized before reissue.

(6) Suppliers of mattresses and pillows shall provide evidence to the sheriff that the products are fire retardant, waterproof, and easy to clean.

(7) Mattresses shall be of proper size to fit the bed.

(8) The sheriff shall provide an inmate whose clothing has been confiscated with adequate and appropriate clothing, including footwear, for use while the inmate is in custody. Footwear shall be cleaned and sanitized before reissue.

(9) Laundry schedule shall be established to meet daily needs. All issued and allowed clothing items are laundered twice weekly.

(10) Vermin and pests are controlled with an effective, documented program. Containers of poisonous compounds used for exterminating rodents or insects shall be prominently and distinctly labeled for easy identification of contents. Poisonous compounds shall be stored independently and separately from food and kitchenware in a locked area not accessible to inmates.

(11) After 24 hours, inmates shall be provided with toilet articles sufficient for the maintenance of cleanliness and hygiene, including toothpaste and toothbrush, soap, and comb. Basic feminine hygiene materials for females and toilet paper shall be provided to inmates upon request. There shall be no common use of toothbrushes, combs, shaving materials, or feminine hygiene materials.

(12) Inmates are provided cleaning materials daily. Tables used for common use and meals shall be kept sanitized. Door traps used for passing meals or other items shall be kept sanitized.

(13) Safety and sanitation inspections of the jail are completed and documented at a minimum of once monthly.

(14) Common use grooming tools are disinfected and cleaned before reissue and are stored in a secure area.

(15) Property storage containers shall be sanitized before reuse.

(16) Trash is removed daily from all dayrooms.

(17) Hazardous waste shall be disposed of according to government regulations.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.13 Inmate health screening {#sec-doc-350.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.13}

The jail shall have policies and procedures for inmate health screening, including the following components:

(1) Use of a health screening form that is developed in conjunction with health care professionals and is used at booking with each inmate to record information about medical, mental health, and dental conditions, physical and developmental disabilities, alcohol or other drug abuse problems, and suicide risk.

(2) Referrals to medical, mental health, or supervisory staff in a timely manner in response to identified concerns. If urgent concerns are identified, the referral shall be immediate.

(3) Review of the health screening form by health care or other designated staff within 72 hours if non-urgent concerns are identified.

(4) Documentation of health screening results and subsequent review of the health screening form in an inmate’s confidential medical file.

(5) A health appraisal that is to be completed within 14 days after arrival at the facility unless a health appraisal has been completed by health care staff within the previous 90 days. The health appraisal shall be completed by health care staff in accordance with protocols established by the responsible physician.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.14 Inmate health care {#sec-doc-350.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.14}

There shall be sufficient equipment, material, space, and supplies for the performance of health care services in a confidential manner. The jail shall have policies and procedures for inmate health care, including the following components:

(1) The sheriff shall provide or secure necessary medical and mental health treatment and emergency dental care for inmates in custody.

(2) Nursing care shall be provided in accordance with the standards of practice established by the board of nursing, ch. N 6.

(3) Health care staff shall be in compliance with state and federal licensure certification and registration. Verification of compliance shall be maintained at the facility.

(4) Medical records shall be kept separate from other records and shall be maintained in a confidential manner in accordance with ss. 146.81 to 146.83, Stats., and any other applicable state or federal laws.

(5) If an inmate dies or becomes acutely ill while in custody, the next of kin shall be notified as soon as possible.

(6) Officers shall receive documented annual training on health care policies and procedures, medications, and health screening at the time of admission.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.15 Health care policy {#sec-doc-350.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.15}

The jail shall have policies and procedures for inmate health care, including the following components:

(1) Documentation of health referrals made or health care provided.

(2) Maintenance of documents in an inmate’s confidential file.

(3) Names, addresses, and telephone numbers of health care providers or agencies who have agreed to provide emergency and routine health care services for inmates.

(4) Referral of an inmate to jail health care staff or to other agencies that provide health care.

(5) Designation of staff who have the authority to make health care decisions, including emergency medical and dental care.

(6) Non-emergency health care, including use of an inmate’s personal physician.

(7) Schedule of inmate access to routine medical care.

(8) Provision for inmates with chronic medical conditions.

(9) Procedure for processing inmate medical requests on a daily basis.

(10) Documentation in an inmate’s confidential medical file of any referral and identification of the services provided, including emergency services.

(11) Provision of special diet if ordered by a qualified health care professional.

(12) Pregnancy management.

(13) Maintenance of agreements between the jail and providers of health care services.

(14) Use of health transfer summary form under s. 302.388 (2), Stats.

(15) Communicable disease and infection control. Policies and procedures relating to communicable disease and infection control shall contain all of the following components:

(a) Provision of treatment and supervision of inmates during isolation or quarantine under s. 252.06 (6) (b), Stats.

(b) Documentation of the need for isolation or quarantine under s. 252.06 (6) (b), Stats., in the inmate’s confidential medical file.

(c) Provision of laboratory screening for inmates who may have been exposed to a communicable disease if ordered by medical personnel.

(d) Provision for handling bio-hazardous waste and decontaminating medical and dental equipment in accordance with regulations.

(16) Detoxification and management of intoxicated inmates.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.16 Control and administration of medications {#sec-doc-350.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.16}

The jail shall have policies and procedures relating to the control, delivery, and administration of prescription and nonprescription medications, including the following components:

(1) A qualified health care professional shall prescribe medications and order treatments.

(2) Designated trained staff may administer or deliver prescribed doses of medication at prescribed times. Annual documented training shall be provided to jail staff that deliver medications.

(3) Determination by appropriate personnel that all medications brought in by inmates or other persons for an inmate are necessary.

(4) All medications brought into the jail shall be inventoried and placed in secure storage.

(5) Any medications kept at the jail shall be stored in a locked drug cabinet that is not accessible to inmates.

(6) Administration or delivery of prescription and nonprescription medications to inmates.

(7) Medication administered or delivered to an inmate shall be documented, including who prescribed the medication, who administered or delivered the medication, and the date and time of administration or delivery.

(8) All refusals of recommended or prescribed medications by an inmate shall be documented. A health care professional shall monitor the inmate in accordance with requirements of s. 302.384, Stats.

(9) Return of an inmate’s medications inventoried at admission.

(10) Inventory or disposal of unused medications upon the inmate’s release or transfer.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.17 Suicide prevention {#sec-doc-350.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.17}

The jail shall have policies and procedures relating to the supervision and housing of inmates who may be at risk of seriously injuring themselves, including the following components:

(1) Obtaining documented information from the arresting or transporting agency to assess an inmate’s potential for suicide or self-harm.

(2) Intake screening of inmates that includes interview items and staff observation related to potential suicide risk.

(3) Procedure for placement of an inmate on suicide watch. Policies and procedures relating to the procedure for placing an inmate on suicide watch shall include all of the following components:

(a) Immediate notification to designated supervisory staff if an inmate is identified as a suicide risk.

(b) Designation of housing areas and security precautions for inmates who are placed on suicide watch.

(c) Description of monitoring procedures for inmates on suicide watch, including frequency and documentation of wellness checks.

(4) Identification of trained persons who may assess an inmate’s level of suicide risk.

(5) Notification to qualified mental health professionals within 12 hours of placement of a potentially suicidal inmate on suicide watch. Assessment by a qualified mental health professional shall be completed as soon as practicable.

(6) Identification of qualified mental health professionals who are authorized to remove an inmate from a suicide watch status after an on-site face-to-face assessment.

(7) Frequency of communication between health care and jail personnel regarding the status of an inmate who is on suicide watch.

(8) Intervention protocol during an apparent suicide attempt, including life-sustaining measures.

(9) Identification of persons to be notified in case of attempted or completed suicides.

(10) Documentation of actions and decisions regarding inmates who are suicide risks, including all of the following:

(a) Individual initiating the suicide watch.

(b) Date and time watch was initiated.

(d) Name of supervisor contacted.

(e) Date and time supervisor contacted.

(f) Name, date, and time of referral to mental health professional.

(g) Written documentation from the mental health professional removing an inmate from a suicide watch including name, date, and time.

(11) Implementation of 2 hours of annual documented staff training regarding suicide prevention and identification of risk factors.

(12) Access by staff to debriefing and support services.

(13) Implementation of an operational review following a suicide or significant suicide attempt.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.18 Security {#sec-doc-350.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.18}

The jail shall have policies and procedures relating to jail security, including all of the following components:

(1) Inmate supervision. The jail shall have a system providing for well-being checks of inmates. Policies and procedures shall provide that all inmates are personally observed by jail security staff at staggered intervals not to exceed the following:

(a) 60 minutes.

(b) 15 minutes for inmates housed on suicide watch.

(2) Supplemental observation. A video monitoring system may be used to supplement but not replace personal observations.

(3) Documentation. Each observation shall be documented.

(4) Inmate counts. Description of the system for physically counting inmates. Formal counts shall be completed and documented at least three times per day, with a minimum of one count per shift.

(5) Security inspections. Description of procedures for conducting and documenting facility and area searches.

(6) Inmate searches. Description of procedures for conducting and documenting inmate pat down, strip, and body cavity searches.

(7) Door and lock inspections. Monthly inspections shall be made to determine if all jail doors and locks within and to the secure perimeter of the facility are in good working order. Each inspection shall be documented.

(8) Key control. Control and use of jail keys, including all of the following:

(a) All issued keys shall be inventoried and accounted for at shift change.

(b) All keys shall be stored in a secure area and accessible in the event of an emergency.

(9) Weapons control. Introduction, availability, control, inventory, storage, and use of firearms, chemical agents, electronic control devices, or other related security devices and specification of the level of authority required for their access and use.

(10) Tool and sharps control. Introduction, availability, control, inventory, storage, and use of tools and sharps within the facility.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.19 Fire safety {#sec-doc-350.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.19}

The jail shall have policies and procedures relating to fire safety, including the following components:

(1) The facility conforms to applicable federal, state, and local fire safety codes.

(2) Each jail shall develop a fire safety policy in accordance with local fire department recommendations that addresses all of the following:

(a) Local fire department inspection requirements under sub. (5).

(b) Fire protection equipment location and maintenance. Each jail shall have and shall properly maintain fire alarms, smoke and thermal detectors, fire extinguishers, and self-contained breathing apparatuses which operate for at least 30 minutes.

(d) A written evacuation plan.

(3) The evacuation route developed as part of the evacuation plan under sub. (2) (d) shall be posted in a conspicuous place for staff in the jail.

(4) Fire safety evacuation and other procedures shall be practiced or simulated by all jail staff at least once every 12 months. Each practice or simulation shall be documented.

(5) The facility shall be inspected by the local fire department at least once every 12 months and a record thereof shall be maintained.

(6) There shall be monthly inspections of the facility to ensure compliance with safety and fire prevention standards. Inspections shall be documented.

(7) After September 1, 2014, sprinkler heads accessible to inmates not under direct supervision must be tamper and suicide resistant.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.20 Double celling {#sec-doc-350.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.20}

If approved by the department, the jail shall have policies and procedures relating to double celling, including the following components:

(1) The county board and sheriff shall determine jointly the adequate staffing needs, including support staff and services that are required to ensure the health, safety, and security of the jail staff and inmates when using cells for double occupancy. The joint determinations shall be in writing and signed by the representatives of the county board and the sheriff and shall be filed with the department. The written joint determination shall remain in effect until rescinded or amended by mutual written agreement of the county board and sheriff. Unless there is adequate staff as agreed upon by the county board and sheriff, double celling may not occur.

(2) Inmates housed in the same cell shall have the same custody classification and be properly segregated as required under s. 302.36, Stats.

(3) For male and female housing areas, at least one cell or 15% of the jail’s total number of cells, whichever is greater, shall be maintained for single occupancy.

(4) Receiving cells may not be used for double occupancy.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.21 Inmate classification {#sec-doc-350.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.21}

All jails shall meet the requirements set forth in s. 302.36, Stats. The sheriff shall establish and maintain an objective prisoner classification system to determine prisoner custody status and housing assignment, and develop eligibility criteria for prisoner participation in available work assignments, programs, and community service projects. The jail shall have policies and procedures relating to classification, including the following components:

(1) Description of the objective prisoner classification system, including the identification and training of staff authorized to classify prisoners, initial classification and reclassification procedures, and prisoner appeal process.

(2) Eligibility criteria for prisoner participation in available work assignments, programs, and community service projects.

(3) Review of prisoner classification decisions.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.22 Use of force {#sec-doc-350.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.22}

The jail shall have policies and procedures for the use of force, including the following components:

(1) Jail staff may use physical force against an inmate only if force is necessary to change the location of an inmate or to prevent death or bodily injury to the staff member, the inmate, or someone else, unlawful damage to property, or the escape of an inmate from the jail. Staff may use only the amount of force reasonably necessary to achieve the objective for which force is used. Corporal punishment of inmates is forbidden.

(2) Any staff member who has used force to control an inmate or inmates shall submit a written report to the sheriff, jail administrator or the staff member’s supervisor describing the incident. The report shall include all known relevant facts and be submitted by the end of the shift unless otherwise authorized by the sheriff or sheriff’s designee.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.23 Use of restraints {#sec-doc-350.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.23}

The jail shall have policies and procedures governing the use of restraints and control devices, including the following components:

(1) Restraint devices are never used as punishment and are not applied longer than necessary.

(2) When an inmate is mechanically restrained for non-routine purposes, a written report must be completed by the end of the shift unless otherwise authorized by the sheriff or sheriff’s designee. Documentation shall include the reason for use, duration of use, and corresponding wellness checks.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.24 Discipline {#sec-doc-350.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.24}

The jail shall have policies and procedures outlining inmate discipline and due process, including the following components:

(1) Inmate rules of behavior. Every jail shall have written rules of behavior for inmates. At the time of admission, each person shall be notified verbally of the existence of the jail’s rules for inmate behavior and the potential disciplinary actions for violation of the rules. Each inmate shall be provided with a copy of the jail rules or copies of the rules shall be posted in conspicuous places in the jail.

(2) Discipline for a minor violation.

(a) In this subsection, “minor violation” means a violation of the jail’s rules of behavior for which minor discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A minor discipline is a verbal or written reprimand, restriction of privileges for 24 hours or less, or placement in disciplinary segregation for 24 hours or less.

(b) A staff member who observes an inmate committing a minor violation shall inform the inmate of the rule that he or she has violated, the potential discipline, and the disciplinary procedures for minor violations under pars. (c) to (g).

(c) The staff member shall give the inmate an opportunity to make a verbal statement about the alleged violation to the staff member.

(d) The staff member may impose a minor discipline if he or she finds that a violation occurred.

(e) The staff member shall inform his or her supervisor of the incident and the discipline administered as soon as the supervisor is available. The supervisor shall review the incident and discipline administered. If the supervisor concludes that the violation constitutes a major violation, the alleged infraction shall be handled in accordance with sub. (3). If the supervisor finds that no violation has occurred, the inmate shall be notified that the charge has been dismissed.

(f) The inmate may appeal the supervisor’s decision. The jail shall have a procedure for an inmate to follow if the inmate wishes to appeal that decision. The inmate shall be notified of his or her right to appeal the supervisor’s decision and of the jail’s procedure for making the appeal.

(g) Information about the incident, the discipline administered, and the supervisor’s decision shall be made part of the inmate’s file. If the supervisor finds that no violation occurred or if the reviewer of an appeal submitted under par. (f) finds that no violation occurred, the due process records shall reflect those findings.

(3) Discipline for a major violation.

(a) In this subsection, “major violation” means a violation of the jail’s rules of behavior for which major discipline, or any combination of these consequences may be imposed if the accused inmate is found guilty. A major discipline is restriction of privileges for more than 24 hours, placement in solitary confinement for more than 24 hours in accordance with s. 302.40, Stats., loss of good time in accordance with s. 302.43, Stats., restrictions affecting Huber law privileges in accordance with s. 303.08, Stats., or restrictions affecting work release in accordance with s. 303.065, Stats.

(b) A staff member who observes an inmate committing a major violation shall submit a written report to his or her supervisor within 24 hours of the incident.

(c) The inmate shall be notified of the charges and of his or her right to a hearing under par. (d) at least 24 hours in advance of the hearing. The inmate may waive this time requirement.

(d) A due process hearing shall be held within seven calendar days unless an inmate waives the right to a due process hearing under par. (e). The due process hearing shall be conducted in accordance with all of the following:

An impartial hearing officer or committee shall conduct the due process hearing. The hearing may not be conducted by a person who may review an appeal made under par. (d) 6. or who has personally observed, been a part of, or investigated the incident which is the subject of the hearing.
The inmate has the right to be present at the hearing, to make a statement, and to present relevant evidence. If the inmate refuses to attend the hearing or disrupts the hearing, the hearing may be conducted without the inmate being present. The hearing officer or committee may hear the testimony of a witness outside the presence of the accused inmate if there is a significant risk of bodily harm to the witness in testifying in front of the accused inmate. The reason for the accused inmate’s absence shall be documented.
The inmate has the right to present any relevant witness whose testimony is not cumulative of other evidence unless the safety of any other witness or the security of the jail would be threatened if that witness testified. The reasons for the absence of the witness shall be documented.
If the inmate is illiterate or the issues are complex, the inmate has the right to a staff advocate or adequate substitute aide to assist him or her in understanding the charges and preparing a defense.
The hearing officer or committee may consider the inmate’s mental illness, developmental disability, or other emotional or mental disability as a mitigating factor in imposing the discipline.
The hearing officer or committee shall issue a written decision that shall state the discipline to be administered. The inmate shall receive a written copy of the decision.
The inmate shall be notified of his or her right to appeal the hearing officer or committee’s decision and of the jail’s procedure for making an appeal.
Information on the incident, the discipline administered, and the hearing officer or committee’s decision shall be made part of the inmate’s file. Upon appeal, if the hearing officer or committee or the reviewer under par. (d) 6. finds that no violation occurred, the due process records shall reflect those findings.

(e) An inmate may waive the right to a due process hearing under par. (d) in writing at any time. If the inmate waives the right to a due process hearing, the violation shall be disposed of in accordance with the procedures for minor violations under sub. (2), except that a major discipline may be imposed if the relevant staff member finds a violation occurred. A waiver does not constitute an admission of the alleged violation.

(4) Classification. An inmate may be evaluated for custody classification following the imposition of discipline.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.25 Administrative confinement {#sec-doc-350.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.25}

In this section, “administrative confinement” means a nonpunitive, segregated confinement of an inmate in his or her cell or other designated area to ensure personal safety and security within the jail. The jail shall have policies and procedures outlining the administrative confinement process, including the following components:

(1) An inmate may be placed in administrative confinement if the inmate’s continued presence in the general population meets one of the following:

(a) Presents a substantial risk of physical harm to the inmate, another person, or property.

(b) Threatens the security and order of the jail.

(2) A jail staff member shall inform his or her supervisor of any incident that may require administrative confinement of an inmate, and the supervisor shall determine whether to place the inmate in administrative confinement. In the absence of his or her supervisor, a jail staff member may place an inmate in administrative confinement. The staff member’s supervisor shall review that placement decision within 24 hours. This review shall include evaluation of the inmate’s classification.

(3) An inmate’s progress in administrative confinement shall be reviewed by a supervisor at least once every seven days. The supervisor shall determine when the inmate no longer presents a threat to the safety, security, and order of the jail and may be released to the general population. Each review shall be documented.

(4) The reason an inmate is placed in administrative confinement and the length of time the inmate remains in administrative confinement shall be documented in the inmate’s file.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.26 Grievance process {#sec-doc-350.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.26}

The jail shall have policies and procedures relating to an inmate grievance process and ensure it is available to all inmates and includes at least one level of appeal.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.27 Legal access {#sec-doc-350.27 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.27}

The jail shall have policies and procedures to address inmates’ access to the courts, their attorneys, and legal materials.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.28 Indigence {#sec-doc-350.28 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.28}

The jail shall have policies and procedures to address indigence, including all of the following components:

(1) The jail shall establish definitions and procedures to define indigence.

(2) Inmates’ access to health care, programming, and essential services is not precluded by inability to pay.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.29 Mail {#sec-doc-350.29 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.29}

The jail shall have policies and procedures relating to written contact between inmates and their families, friends, attorneys, the court system, governmental officials, and others, including the following components:

(1) Provision for staff inspection and reading of nonprivileged incoming and outgoing mail.

(2) Provision for the limited inspection of incoming and outgoing privileged mail.

(3) Delivery of all nonprivileged and approved privileged incoming mail.

(4) Inventory and disposition of contraband items found in mail.

(5) Provision of postage to indigent inmates.

(6) Provision for notifying inmates when incoming or outgoing mail is withheld.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.30 Visitation {#sec-doc-350.30 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.30}

The jail shall have policies and procedures relating to visitation, including the following components:

(1) Establishment of visitation schedule for family, friends, attorneys, and others. Attorney visits shall be allowed during reasonable hours, as long as security and daily routine are not unduly interrupted.

(2) Establishment of procedures for requesting visitation during nonscheduled times.

(3) Documentation of all visits through a visitor log or register.

(4) Establishment of a search policy of visitors and their possessions.

(5) Posting of visitation policies and procedures, including visitation schedule, in a place readily accessible to visitors and inmates.

(6) Establishment of a search policy for inmates before and after each visit.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.31 Programs and services {#sec-doc-350.31 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.31}

The jail shall have policies and procedures relating to the provision of inmate programs and services, including the following components:

(1) Use of community resources, contract providers, and volunteers authorized by the sheriff.

(2) Notification to inmates of availability, eligibility, and schedules.

(3) Conducting criminal background checks on all volunteers, community resources, and contract providers.

(4) Orientation and training on facility operations for all volunteers.

(5) Educational programming for inmates who are under 18 years of age consistent with the requirements of the Department of Public Instruction.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.32 Religious programming {#sec-doc-350.32 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.32}

Inmates shall have the opportunity to participate in practices of their religious faith consistent with existing state and federal statutes. The jail shall have policies and procedures relating to religious programming, including the following components:

(1) Identification of religious organizations and clergy willing to conduct religious services in the facility.

(2) Notification to inmates of the schedule of religious services available in the jail.

(3) Identification of religious items that may be kept on an inmate’s person or in the cell.

(4) Conducting criminal background checks on members of a religious organization and clergy.

(5) Orientation and training on facility operations for all volunteers.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.33 Recreation {#sec-doc-350.33 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.33}

The jail shall have policies and procedures relating to recreation, including the following components:

(1) Identification of the recreational activities that are available.

(2) Schedule of recreational activities.

(3) When and where available, at least one hour of daily exercise and recreation is outside the cell or outdoors.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.34 Publications {#sec-doc-350.34 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.34}

The jail shall have policies and procedures relating to access to publications, including the following components:

(1) Provision of publications of general interest for inmates such as books, newspapers, and magazines.

(2) Identification of publications that are prohibited for inmates because their content creates a security risk.

(3) Inspection of publications brought by visitors for inmates if the jail allows visitors to bring in reading materials.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Wis. Admin. Code § DOC 350.35 Canteen {#sec-doc-350.35 omnilex-key=us-wi-regs-official--agency-doc--DOC 350.35}

The jail shall have policies and procedures for the establishment and use of canteen, vending, or other similar services for inmates, including the following components:

(1) Canteen shall be made available to eligible inmates.

(2) Access to canteen may be restricted by the facility based upon inmate classification or status.

History

CR 13-038: cr. Register August 2014 No. 704, eff. 9-1-14.

Chapter DOC 371 YOUTH ASSESSMENT AND CASE MANAGEMENT

Wis. Admin. Code § DOC 371.01 Authority and purpose {#sec-doc-371.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.01}

(1) This chapter is promulgated under the authority of ss. 227.11 (2) (a) and 938.48 (16), Stats., to establish standards and procedures to be followed by department staff in identifying a youth’s program needs, establishing a case management plan to address those program needs while in a type 1 or type 2 secured correctional facility or on aftercare and for making decisions regarding the extension, release, transfer or discharge of youth.

(2) Through this chapter, the department seeks to achieve all of the following goals:

(a) To provide the care and control of each youth required for the protection of the public.

(b) To identify specific, objective short-term and long-term program needs for each youth and to outline a case plan that will assist in meeting the program needs.

(d) To provide opportunities for youth to learn skills that will assist them in avoiding a return to criminal behavior.

(e) To assist youth in their reintegration to the community.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.02 Applicability {#sec-doc-371.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.02}

This chapter applies to the department and county departments and all youth who have been placed by a court in a type 1 or type 2 secured correctional facility under the supervision of the department or on aftercare under the supervision of the department or a county department consistent with the requirements of law.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.03 Definitions {#sec-doc-371.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.03}

In this chapter:

(1) “Assessment and evaluation” or “A&E” means the orientation of youth to an institution and the process for evaluating a youth’s history and needs in a type 1 secured correctional facility.

(2) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(3) “Aftercare” means the aftercare supervision status of a youth, as used in s. 938.34 (4n), Stats., who is released from a type 1 or type 2 secured correctional facility by the office of juvenile offender review or by action of a court under s. 938.357, Stats., and is supervised outside of a type 1 secured correctional facility by the department or a county department until the expiration or termination of the youth’s court ordered supervision.

(3m) “Aftercare case plan” means “aftercare plan” as defined in s. 938.357 (4g), Stats.

(4) “Aftercare provider” means the department or the county department designated to provide aftercare supervision under s. 938.34 (4n), Stats.

(5) “Agent” means a person, or that person’s designee, employed by the department or a county department who provides aftercare supervision or community supervision for a youth who has a type 2 status under s. 938.533 (3) (b), 938.538 (4) or 938.539, Stats., and who is authorized to make decisions regarding aftercare or community supervision matters.

(6) “Alternate care placement” means the placement of a youth in an alternate placement, including placement in a child caring institution, group home, foster home or treatment foster home.

(7) “Assessment and evaluation report” means the written comprehensive assessment of a youth’s background and needs prepared during the youth’s assessment and evaluation.

(8) “Corrective sanctions program” means the program under s. 938.533, Stats.

(9) “County department” means a county department under s. 938.02 (2g), Stats.

(10) “Day” means a calendar day.

(11) “Department” means the department of corrections.

(12) “Discharge” means discharge from supervision.

(13) “Division” means the department’s division of juvenile corrections.

(14) “Educational evaluation report” means a written report completed during assessment and evaluation that describes a youth’s school history, identifies present performance levels and educational deficits and recommends an individual educational plan.

(15) “Extended jurisdiction” means the continued jurisdiction of a court over a youth until the age of 21 or 25 as ordered by the court under s. 48.366, Stats.

(16) “Extension” means the extension of a youth’s dispositional order, as provided under s. 938.365, Stats.

(17) “Guardian” means the person named by the court having the duty and authority of guardianship.

(18) “Institution” means a type 1 secured correctional facility.

(19) “JPRC” means the joint planning and review committee which makes short-term and long-term planning recommendations for youth with membership consisting of a representative of the type 1 secured correctional facility in which the youth resides, the assigned OJOR reviewer, a representative of the committing county and a representative of the aftercare provider.

(20) “Juvenile classification system” means a structured and consistent method of case decision-making based upon an assessment of a youth’s criminal history, program needs and risk of continued criminal activity.

(21) “Needs assessment instrument” has the meaning given in s. 938.549 (1) (b), Stats.

(22) “OJOR” means the division’s office of juvenile offender review.

(23) “Parent” has the meaning given in s. 938.02 (13), Stats.

(24) “Regional chief” means a division regional manager or that person’s designee who is responsible for oversight of community correctional services.

(25) “Release status” means the status of a youth who has been released from a type 1 or type 2 secured correctional facility to a release placement, including the youth’s home, a relative’s home, foster home, group home, child caring institution or independent living.

(26) “Risk assessment instrument” means an instrument used to evaluate the likelihood that a youth may continue delinquent or criminal activity.

(27) “Serious juvenile offender” means a person to whom the court has given the disposition specified in s. 938.34 (4h), Stats.

(28) “Staff” means an employee of the department.

(29) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

(30) “Supervision” means the rights and duties of the department or a county department under ss. 48.366 and 938.505, Stats., with respect to a youth placed in a type 1 or type 2 secured correctional facility or on aftercare by a court or by the department.

(31) “Supervisor” means a department or a county department employee responsible for the supervision or administration of aftercare supervision or that person’s designee.

(32) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(33) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

(34) “Waived offender” means a youth who is convicted of a crime after the juvenile court waived jurisdiction under s. 938.18, Stats., and is placed in a type 1 secured correctional facility pursuant to s. 973.013 (3m), Stats.

(35) “Youth” means a person or persons under the supervision of the department or a county department consistent with the requirements of law regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 371.04 Purpose and duration of A&E {#sec-doc-371.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.04}

(1) A&E begins with a youth’s placement with the department. The purposes of A&E are all of the following:

(a) To verify the legal authority to detain or accept placement of a youth.

(b) To promptly notify the agent and the parent or guardian of a youth that the youth has been admitted to a type 1 secured correctional facility.

(c) To formally identify a youth as an active case in the juvenile corrections system and to notify other agencies as appropriate.

(d) To assist a youth in notifying family members of the procedures for mail and visiting.

(e) To conduct a comprehensive evaluation of a youth’s background and program needs including the writing of the assessment and evaluation report, the family and home assessment and the education evaluation report and to complete a needs and risk assessment using the juvenile classification system instruments.

(f) To evaluate and make recommendations for the academic, vocational, health, social, psychological and security needs of a youth.

(g) To provide a youth with an orientation to the rules and programs of the department.

(h) To answer a youth’s questions.

(i) To recommend an appropriate placement for a youth.

(2) A&E shall be completed within 35 days from the date a youth arrives at the institution.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.05 Orientation during A&E {#sec-doc-371.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.05}

(1) Staff shall provide youth with an orientation to the department. The orientation shall provide youth with appropriate information about all of the following:

(a) Division programs that are available to a youth while in type 1 or type 2 secured correctional facilities or on aftercare.

(b) Criteria used in the development of a youth’s case plan and for assignment to specific programs.

(d) The conduct rules under s. DOC 373.05 and institution policies and procedures which a youth must observe.

(e) The youth complaint procedure under ch. DOC 380.

(2) Staff shall make information under sub. (1) accessible to youth in all of the following ways:

(a) Staff shall provide youth with a copy of the rules of conduct that youth are required to follow and the programs available at the institution in which a youth is placed.

(b) During the A&E process and thereafter, staff shall provide youth with access to written materials describing the expectations for youth and the programs available to youth, including the administrative rules of the department and any available institution handbooks.

(c) If a youth has special language or developmental needs, staff shall provide the youth with an orientation program that communicates the information required by this section.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.06 Evaluation during A&E {#sec-doc-371.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.06}

(1) Staff shall determine each youth’s program needs during A&E.

(2) Determination of a youth’s program needs requires all of the following reports:

(a) The youth’s agent completes a family and home assessment report that includes the delinquency family assessment and juvenile parole risk assessment as described in s. DOC 371.07.

Note: The department intends that “aftercare” be used rather than “parole”.

(b) The institution social worker completes an assessment and evaluation report that incorporates the delinquency youth assessment as described in s. DOC 371.08.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.07 Family and home assessment {#sec-doc-371.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.07}

(1) Purpose. The purpose of the family and home assessment report is to provide the department with accurate, complete and relevant information upon which to base correctional, transfer, release, extension and discharge decisions for a youth.

(2) When prepared. The agent shall prepare the family and home assessment report and forward copies to the JPRC at least 3 days prior to the initial JPRC conference under s. DOC 371.10.

(3) Content. The family and home assessment report shall include all of the following:

(a) Information relevant to sub. (1), which is not included in the court report, correctional placement report or serious juvenile offender report. It shall include information relating to family attitude toward commitment, family perception of the program needs, family perception of community, the youth’s potential for reintegration into the family, potential and family attitude regarding alternate care placement as a transition to home placement.

(b) Information obtained on the delinquency family assessment instrument which is used to determine treatment needs of a youth in the context of the family and juvenile parole risk assessment which is used to predict the potential of a youth to engage in future criminal activity.

Note: The department intends that “aftercare” be used rather than “parole”.

(c) The agent’s assessment and impressions of the youth’s potential for reintegration into the family and individual needs.

(d) Recommendations for programs that a type 1 or type 2 secured correctional facility or aftercare provider may provide to meet a youth’s program and security needs, consistent with available resources.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.08 Institution A&E report {#sec-doc-371.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.08}

(1) During the A&E period, staff shall assess a youth’s background and individual program and security needs. The institution shall prepare an A&E report that includes broad program goals designed to meet the youth’s needs.

(2) Staff shall complete a comprehensive assessment of a youth’s background and individual program and security needs. The assessment includes completing the delinquency youth assessment instrument which determines treatment needs of the youth, and a review of available law enforcement, court and social service records, and other information regarding all of the following:

(a) Behavior which led to the commitment.

(b) Physically or sexually aggressive behavior.

(d) History of physical and sexual victimization.

(e) History of drug and alcohol abuse.

(f) Social history, prior placements and family, educational, vocational, medical, dental and mental health assessments.

(g) Attitude and adjustment since admission.

(h) Parental and community attitudes toward the youth.

(3) The assessment shall also be based upon discussions with the youth and the court report prepared by the agency designated under s. 938.33, Stats.

(4) The A&E report shall be in writing and shall include all of the following:

(a) A description of a youth’s social, psychological, vocational, health and security needs. If a recent report provides accurate information and is available in the file, the content of the report may be incorporated by reference.

(b) A recommendation regarding the broad program goals a youth is expected to achieve.

(c) A recommendation to place a youth in a type 1 or type 2 institution or other program that will best meet the youth’s needs, consistent with available resources.

(d) A description of issues relating to the protection of the public and the release of a youth, including recommendations relating to the extension or discharge of a youth’s commitment to the department.

(5) Staff shall complete the A&E report at least 3 days prior to the initial JPRC conference conducted under s. DOC 371.10.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.09 Education evaluation report {#sec-doc-371.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.09}

(1) Staff shall assess each youth’s educational needs during A&E.

(2) Staff shall prepare a written education evaluation report that shall do all of the following:

(a) Describe and assess a youth’s prior school history, including special programs that were provided or recommended.

(b) Report the names and results of the assessment instruments used to determine a youth’s present level of educational achievement.

(d) Identify specific areas in which a youth needs transition services while in an institution or on aftercare.

(e) Recommend an individual educational plan in compliance with federal and state statutes and regulations governing the education of youth.

(3) Staff shall complete the education evaluation report at least 3 days prior to the initial JPRC conference conducted under s. DOC 371.10.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.10 Initial JPRC conference {#sec-doc-371.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.10}

(1) Purpose. Within 35 days after a youth’s admission to an institution, OJOR shall conduct the initial JPRC conference to report and discuss the findings and recommendations of the A&E staff and to identify the priority program needs of the youth. OJOR shall invite all members of the JPRC, the parent of a youth under the age of 18 years or a guardian to offer additional information and to make recommendations concerning program needs.

(2) Notice. OJOR shall give timely notification of the conference to the members of the JPRC, the youth, the parent of a youth under the age of 18 years or a guardian. Notice shall be written and include the criteria for review, issues to be considered, notice of the opportunity to make recommendations at the conference and notice that the youth has a right to appear, unless the youth’s conduct is disruptive or the youth presents a danger to self or others.

(3) Procedure. The procedure for the initial JPRC conference shall include all of the following:

(a) The OJOR representative shall act as chairperson of the conference. The JPRC shall review the assessment and evaluation report, the education evaluation report, the family and home assessment, the needs assessment prepared by the both the institution and the agent and the risk assessment prepared by the agent.

(b) The OJOR representative shall request that the parents or guardian, if present, offer ideas and make suggestions regarding the youth’s program needs and the direction of the case plan.

(c) The OJOR representative shall provide the youth an opportunity to appear or make a written statement, to offer ideas and suggestions concerning programming and to answer questions. If the youth is unable to participate, the institution social worker shall represent his or her interests.

(d) The JPRC shall develop recommendations that are consistent with the goals of s. DOC 371.01 and the facts of the case relating to the delinquency adjudication, the court ordered disposition and the needs of the youth. The OJOR representative shall provide the youth and parents of a youth under the age of 18 years or guardian with a copy of the recommendations. The recommendations may relate to all of the following:

Placement of the youth in a type 1 or type 2 secured correctional facility or on aftercare in the youth’s home, an independent living arrangement or an alternate care facility.
Discharge from supervision.
Whether a recommendation shall be made to the court concerning extension of the dispositional order.
Broad program goals that address needs identified during the A&E process.

(4) Individual case plans.

(a) The receiving institution shall prepare a case plan consistent with par. (b) for each youth within 21 days after the initial JPRC conference and distribute copies to all members of the JPRC. When a youth is transferred to another institution as a result of the initial JPRC conference, the receiving institution shall complete an individual case plan for the JPRC as soon as possible, but no later than 21 days after receipt of the youth. For youth transferred to type 2 secured correctional facilities after the initial JPRC conference, case-planning procedures shall be accomplished under s. DOC 371.21.

(b) Institution program staff shall develop a case plan for each youth based on the youth’s needs and shall review the plan regularly with the youth. Program staff may change the case plan at any time depending on the youth’s needs and progress. The case plan shall take into account the goals set by the JPRC and shall include all of the following:

Short-term and long-term objectives.
Interventions and strategies to be implemented to achieve the objectives.
The staff who are assigned responsibility for implementing and documenting progress on each objective.
A tentative community placement plan and a projected placement date.

(5) Decisions.

(a) OJOR decisions. OJOR shall make decisions regarding a youth’s release from a type 1 secured correctional facility, administrative transfer, any special conditions of release, a placement category for youth on community supervision, and requests to the court for an extension of supervision.

(b) Type 1 or type 2 secured correctional facility decisions. The type 1 or type 2 secured correctional facility shall determine the youth’s treatment, educational, vocational or other daily activities, taking into consideration the JPRC recommendations under sub. (3) (d). All programs at each facility shall include privileges (positive reinforcers) that youth may earn by exhibiting positive behaviors. The linking of a privilege with positive behavior creates a reward system in which staff acknowledges a youth’s positive behavior.

(c) Notice of decisions. The decisions of OJOR under par. (a) shall be in writing and shall be forwarded by OJOR to the youth, the parents of a youth under the age of 18 or guardian and the members of the JPRC within 7 days following the initial JPRC conference.

(d) Implementation of decisions. If the program assignment under par. (b) cannot be implemented, staff shall document that fact and notify OJOR and the administrator. The administrator, in consultation with OJOR, shall determine the program assignment.

(6) Request for review. JPRC members may request review by the administrator of decisions made under sub. (5). The person requesting a review shall submit the request in writing to the OJOR director within 7 days of the day the decision is issued. The administrator shall issue a final decision within 7 days of receipt of the request for review. Failure of the administrator to issue a decision within 7 days affirms the decisions made under sub. (5).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.11 Administrative transfer {#sec-doc-371.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.11}

The department may transfer youth between institutions, between type 1 and type 2 secured correctional facilities or to adult institutions as follows:

(1) OJOR may transfer youth from A&E to a type 1 or type 2 secured correctional facility and between type 1 and type 2 secured correctional facilities at any time during DJC supervision of a youth. The decision to transfer a youth may be based on, but is not limited to, any of the following considerations:

(a) Public safety.

(b) The youth’s committing offense.

(d) Assessment of the potential for future delinquent or criminal activity.

(e) Physical aggressiveness.

(2) Under this provision, “assistant administrator” means the division assistant administrator directly responsible for supervising type 1 secured correctional facilities.

(a) A superintendent or the assistant administrator for juvenile institutions may transfer youth between type 1 institutions.

(b) If any member of the JPRC disagrees with a superintendent’s decision to transfer a youth, the member may appeal to the assistant administrator who will make a decision within 10 days.

(3) The department may transfer a youth with an adult conviction only and a youth with both an adult conviction and a juvenile commitment from an institution to an adult institution consistent with the requirements of law. OJOR may recommend to the administrator the transfer of a youth with an extended court jurisdiction disposition under s. 48.366, Stats., from an institution to an adult institution. The factors to be considered include the following:

(a) The extent to which the youth’s conduct in an institution is violent and disruptive.

(b) The security needs of the institution.

(c) The extent to which the youth is refusing to participate in the treatment programs provided for the youth in the institution.

(d) The maturity of the youth, the extent to which the program needs of the youth can be met in an adult institution and the extent to which the youth may be vulnerable in an older population in an adult institution.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.12 Periodic progress reviews {#sec-doc-371.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.12}

(1) Purpose. OJOR shall review a youth’s progress and the appropriateness of release, transfer or discharge, for each youth in a type 1 secured correctional facility.

(a) OJOR shall hold a formal conference at least once every 6 months for each youth in an institution, except for youth who have only an adult conviction. OJOR shall also schedule a formal conference if requested by a member of JPRC. All JPRC members attend a formal conference. The youth shall be permitted to attend the formal conference, unless health or security needs of the youth preclude attendance, in which case OJOR staff shall interview the youth. OJOR invites parents to attend.

(b) OJOR may conduct informal reviews of youth in an institution at any time. An informal review may be conducted with or without the attendance of the youth. OJOR reviews the youth’s progress at an informal review. Members of the JPRC, other than OJOR, do not participate in an informal review.

(2) Notice.

(a) OJOR shall send timely notice of a formal conference to the youth, the parents of a youth under the age of 18 or legal guardian and JPRC members. The notice shall state the date, time, place and purpose of the conference.

(b) When OJOR schedules an informal review, OJOR shall give the youth prior notice regarding the week in which the review will take place.

(3) Request for review. A superintendent, committing county, agent or OJOR may at any time propose action relating to a youth by submitting a request for review to each JPRC member.

(a) A formal conference does not need to be scheduled by OJOR if all JPRC members agree in writing with the proposed action.

(b) If all members do not agree with the proposed action, OJOR shall conduct a formal conference under sub. (1) to determine if the proposed action is appropriate.

(c) A youth or a youth’s parent or guardian may ask the institution social worker or agent to propose action relating to the youth, if a significant change in circumstances has occurred that would justify the action.

(4) Progress summary. Prior to formal conferences or scheduled informal reviews, and at least every 90 days, the institution shall conduct a review of a youth’s individual case plan to determine whether the goals and case plan continue to be appropriate.

(a) The review under this subsection shall consist of a file review and interviews of staff responsible for implementing the case plan and educational services.

(b) The institution shall send a written progress summary under this subsection to each JPRC member prior to the OJOR review under sub. (1). The summary shall describe the youth’s progress toward meeting individual goals, programs and interventions, any relevant change in available resources, any proposed modifications to the case plan, including recommendations for extension, release or discharge and the reasons for any proposed change in the plan.

(5) Procedure.

(a) OJOR shall encourage all persons in attendance at a formal conference to review and discuss the youth’s progress.

(b) OJOR shall review the progress summary under sub. (4) (b) as part of an informal review.

(c) OJOR shall consider the contents of the progress summary under par. (b) and consult with all members of the JPRC prior to making a youth eligible for release [discharge] or administrative transfer or ordering a petition to the court for extension.

(6) Aftercare. OJOR may release a youth to aftercare from either a type 1 or type 2 secured correctional facility.

(7) Decision and request for review. The procedures under s. DOC 371.10 (5) and (6) apply to decisions made pursuant to this section.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.13 Youth under extended court jurisdiction {#sec-doc-371.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.13}

(1) This section applies to youth under extended court jurisdiction under s. 48.366, Stats.

(2) Institution program staff shall conduct case management for youth under extended court jurisdiction in accordance with this chapter, except that the requirements of this section shall prevail over the requirements of any section in this chapter which are in conflict with this section.

(3) Formal conferences shall be conducted and informal reviews may be conducted by OJOR as provided in s. DOC 371.12.

(4) The administrator may place a youth in an adult correctional institution when authorized by statute as provided in s. DOC 371.11 (3).

(5) The department shall obtain court approval under s. 48.366, Stats., before a youth is released or discharged from an institution.

(a) Any JPRC member may submit a written recommendation for aftercare to OJOR.

(b) OJOR may recommend to the administrator that a youth be released to aftercare or to a type 2 placement or discharged, after consulting with the other members of JPRC. The administrator may direct that a petition be filed by the department with the court under s. 48.366, Stats., stating the recommendation and the proposed plan for the youth.

(c) When a youth in a type 1 secured correctional facility appears appropriate for discharge, the superintendent shall submit a written recommendation for discharge to OJOR. The administrator may then direct that a petition be filed by the department with the court under s. 48.366, Stats., stating the recommendation and the proposed plan for the youth.

(6) Consistent with s. 48.366 (5) (c), Stats., a youth has a right to file a petition once a year with the court on his or her own behalf, requesting release to aftercare.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.14 Waived youth and original adult court jurisdiction youth {#sec-doc-371.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.14}

(1) This section applies to youth who are convicted of a criminal offense in adult court under s. 938.18 or 938.183, Stats., and sentenced to the Wisconsin state prisons.

(2) The sentence structure for a youth subject to original adult court jurisdiction shall be computed in accordance with ch. DOC 302. Youth are subject to the provisions of chs. PAC 1, DOC 328 and 331 regarding aftercare.

Note: The term used in chs. PAC 1, DOC 328 and 331 is parole not aftercare.

(3) Staff shall conduct case planning for a youth sentenced by the adult court in accordance with this chapter with the following exceptions:

(a) A family and home assessment shall not be prepared and an agent shall not be assigned.

(b) The parole commission under ch. 304, Stats., has the responsibility for parole decisions.

(4) The department may transfer a youth to an adult correctional institution consistent with the requirements of law and s. DOC 371.11 (3).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

Wis. Admin. Code § DOC 371.15 Aftercare and administrative transfer of a youth {#sec-doc-371.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.15}

(1) Placement authority. OJOR shall determine when to place a youth on aftercare from a type 1 or type 2 secured correctional facility or to administratively transfer a youth from a type 1 secured correctional facility to a type 2 secured correctional facility.

(2) Termination authority. The administrator or his or her designee shall determine whether a youth should be terminated from a type 2 secured correctional facility, consistent with s. DOC 396.12. A department order shall be signed to administratively transfer a youth from a type 2 secured correctional facility to reception at a type 1 secured correctional facility.

(3) Recommendation. The committing county, superintendent or agent may recommend to OJOR, consistent with s. DOC 371.12 (3) that a youth be placed on aftercare or transferred at any time. The aftercare case plan under s. DOC 371.16 is not required to make an aftercare decision, but shall be considered if available.

(4) Procedures. OJOR shall use the review procedures in s. DOC 371.12 to review recommendations under sub. (3). When OJOR considers a recommendation for aftercare or transfer at an informal review or any unscheduled time, OJOR shall consult with members of JPRC regarding the appropriateness of aftercare, transfer, placement category or conditions of aftercare or transfer.

(5) Decision.

(a) OJOR shall determine whether a youth is eligible for aftercare or transfer and designate a placement category. OJOR may impose conditions on aftercare or transfer.

(b) OJOR shall make decisions regarding aftercare, transfer, placement category and conditions in writing and shall forward a copy of the decision to the youth, parents of a youth under the age of 18 years or legal guardian and all members of the JPRC within 7 days after completion of the procedure under sub. (4).

(6) Request for review. JPRC members may submit a written request for review by the administrator to the OJOR director regarding a decision under sub. (4) within 7 days of the day the decision is issued. The administrator shall consult with the OJOR director and issue a final decision in writing within 7 days of receipt of the request by the OJOR director. OJOR shall forward copies of the decision to the party requesting review. Failure of the administrator to issue a decision within 7 days confirms the decision made by OJOR.

(7) Implementation. When OJOR determines that a youth is eligible for aftercare or transfer and designates a placement category or imposes other conditions on the action, OJOR shall notify the institution social worker and the agent who are responsible for implementing the order.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.16 Aftercare case plan {#sec-doc-371.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.16}

(1) Time limits.

(a) The agent shall write an aftercare case plan and submit the plan to members of the JPRC 120 days after the date on which the youth is placed in an institution or a secured child caring institution or within 30 days after the date on which the department requests the aftercare plan, whichever is earlier.

(b) The department may waive the time limits of par. (a) if one of the following conditions exist:

The department anticipates that the youth will remain in an institution or secured child caring institution for a period exceeding 8 months.
The youth is subject to extended jurisdiction under s. 48.366, Stats.
The youth is subject to an adult court criminal sentence.

(c) If the department waives time limits under par. (b), the agent shall prepare the aftercare case plan within 30 days after the date on which the department requests the aftercare case plan.

(2) Contents of the aftercare individual case plan. The agent shall base a aftercare case plan upon the institution program goals, the youth’s progress, a current assessment of the youth’s needs and an assessment of the potential for future delinquent or criminal activity. The agent shall consider the completed juvenile classification instruments when writing the aftercare case plan. The aftercare case plan shall include all of the following:

(a) The minimum number of contacts with the youth’s agent upon initial release.

(b) The conditions under which a youth’s aftercare status may be revoked.

(d) The estimated length of time a youth will need aftercare supervision and services.

(e) A recommendation for placement upon release and the rationale for that placement.

(f) An assessment of the youth’s home.

(g) An educational or vocational plan and employment goals.

(h) If appropriate, a proposal to seek an extension of a youth’s dispositional order to provide for the care and programming needs of the youth and the protection of the public.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.17 Permanency planning {#sec-doc-371.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.17}

Staff shall accomplish permanency planning under s. 938.38, Stats., consistent with the requirements of ch. HFS 44.

Note: There is no ch. HFS 44.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.18 Aftercare orientation and final aftercare individual case plan {#sec-doc-371.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.18}

(1) A youth’s agent may update or modify the aftercare case plan within 21 days after a youth’s release to the community. The agent shall distribute copies of the aftercare case plan to OJOR, the institution social worker, county worker, youth, parent of a youth under the age of 18 years, or legal guardian.

(2) The institution social worker shall coordinate a youth’s release to aftercare.

(3) If a youth is placed in an alternate care placement, the youth’s agent shall notify the parent, if the youth is under 18 years of age, or the legal guardian of the placement name and address and the date of the youth’s arrival as soon as the information is known.

(4) Youth shall sign the rules of supervision prior to release from an institution and a youth’s agent shall provide a copy to the alternate care placement, and to the parent of a youth under the age of 18 years or legal guardian.

(5) Youth with special language or developmental needs shall have rules of supervision communicated to them in accordance with their particular needs.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.19 Periodic aftercare progress review {#sec-doc-371.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.19}

(1) Purpose. The agent shall meet with a youth and review the youth’s progress toward meeting aftercare case plan goals at least once every 90 days following the youth’s release to aftercare.

(2) Progress summary. After the review, the agent shall write a summary describing the youth’s progress meeting specific goals, any relevant change in available resources, any proposed modifications of or additions to the plans, including recommendations for extension or discharge and the reasons for any proposed change in the plan. The agent shall include the summary in the youth’s supervision file as part of the chronological notes and copies shall be distributed to all JPRC members as well as the parent, if the youth is under 18 years of age, or guardian.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.20 Discharge of a youth {#sec-doc-371.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.20}

(1) Youth in an institution.

(a) Any JPRC member may recommend a discharge of a youth from supervision under s. 938.53, Stats., by using a request for review form under s. DOC 371.12 (3).

(b) OJOR shall consult with the JPRC members prior to recommending discharge to the administrator.

(d) A JPRC member may request a review by the administrator of an OJOR recommendation to discharge a youth. The administrator shall make the final decision.

(2) Extended jurisdiction. The administrator lacks legal authority to discharge a youth under extended jurisdiction from supervision.

(3) Serious juvenile offenders. The administrator may discharge a youth from the serious juvenile offender program and from departmental supervision and control at any time after the youth has completed 3 years of participation in the program in accordance with s. 938.538 (5) (b), Stats.

(4) Youth on aftercare. A youth’s agent may recommend to a supervisor that a youth be discharged from supervision. The supervisor may recommend discharge to the administrator.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 371.21 Type 2 secured correctional facility {#sec-doc-371.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 371.21}

(1) This section applies to youth placed with the department for participation in the serious juvenile offender program by the court under s. 938.34 (4h), Stats., youth in the corrective sanctions program and youth transferred by the department to a type 2 secured correctional facility operated by a child welfare agency.

(2) The division shall provide an individual case plan for each youth transferred to a type 2 secured correctional facility.

(3) At least once every 90 days following a youth’s placement in a type 2 secured correctional facility, the youth’s agent shall write a report summarizing the youth’s progress in the program. The report shall address any changes in the case plan and may include recommendations regarding continuation in the program, aftercare or discharge. The agent shall forward copies of the progress summary to the members of the JPRC, the youth and the youth’s parent, if the youth is under the age of 18 years, or guardian.

(4)

(a) When a youth in the serious juvenile offender program is placed in a type 2 secured correctional facility, the administrator makes recommendations to OJOR regarding release to aftercare under s. 938.538 (5) (a), Stats.

Note: It is the intent of the department to allow any staff to make a recommendation.

(b) When a youth is in a type 2 secured correctional facility placement, OJOR may decide to place a youth, except for youth under par. (a), on aftercare.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 373 YOUTH CONDUCT IN TYPE 1 SECURED CORRECTIONAL FACILITIES

Subchapter I General Provisions

Wis. Admin. Code § DOC 373.01 Authority and purpose {#sec-doc-373.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.01}

This chapter is promulgated under the authority of ss. 227.11 (2), 301.025 and 938.48 (16), Stats., and section 9126 (23) (e) of 1995 Act 27 to provide for rules governing the conduct of youth in type 1 secured correctional facilities operated by the department, and for the discipline of youth who violate those conduct rules. In this chapter, the department seeks to achieve all of the following:

(1) To provide for the protection of the public, staff and youth.

(2) To operate orderly facilities.

(3) To deter each youth from committing further delinquent acts.

(4) To provide a uniform disciplinary process for all facilities which enhances the constructive, individualized programming for youth by doing all of the following:

(a) Giving each youth prior notice of all conduct rules that apply to the youth.

(b) Describing all conduct rules in clear, unambiguous language.

(d) Structuring the exercise of discretion by staff in responding to youth misconduct while retaining flexibility in decision-making and preserving fairness.

(e) Ensuring that each youth is in the appropriate setting necessary to achieve the objectives of ch. 938, Stats., and that discipline be imposed only by staff designated by the superintendent to ensure fair, appropriate and consistent decision-making.

(f) Provide for routine review of the restrictions placed on a youth to assure that the restrictions are appropriately based on the seriousness of violations by the youth; the youth’s subsequent behavior; and the risk posed by the youth to self, others or facility security.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (2), (4) (intro.), (e), (f) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.02 Applicability {#sec-doc-373.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.02}

This chapter applies to the department and all youth who are under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.03 Definitions {#sec-doc-373.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.03}

In this chapter:

(2) “Authorized” means any of the following:

(a) Permitted under department rules.

(b) Permitted under posted policies and procedures.

(5) “Consent” means words or overt actions by a competent person indicating a freely given agreement.

(6) “Contraband” means any item or items introduced or found in the facility whether illegal or legal that are expressly prohibited by the department or facility policy.

(7) “Day” means a calendar day.

(8) “Department” means the department of corrections.

(9) “Disturbance” means any of the following that has occurred:

(a) A group disturbance.

(b) An incident, as defined in s. DOC 376.03 (16).

Note: Section DOC 376.03 (16) has been repealed and par. (b) will be corrected with future rulemaking.

(10) “Facility” means a type 1 juvenile correctional facility, as defined in s. 938.02 (19), Stats.

(10m) “Group disturbance” means the disruption or interference of normal facility operations resulting from 3 or more youth participating in actions, threats, demands, or suggestions to advocate disruption or disturbance almost akin to a riot.

(11) “Harass” means to annoy or irritate repeatedly.

(12) “Hearing officer” means a staff member designated by the superintendent to conduct disciplinary hearings and perform other functions under this chapter.

Note: Subsection (12) was inadvertently left in by rule CR 24-040 and will be removed in future rulemaking.

(14) “Intentionally” means that a youth had a purpose to carry out an act or cause the result specified, or believed that the act, if successful, would cause the result specified.

(15) “Intimate part” means anus, groin, penis, testicles, buttocks, pubic or vaginal area or breast.

(16) “Knowingly” means only that it is reasonable to conclude that a youth believes that a specified fact exists.

(23) “Negligently” means that a youth did an act or failed to do an act and thereby failed to exercise that degree of care appropriate for the circumstances.

(24) “Recklessly” means that a youth did an act or failed to do an act and thereby created an unreasonable risk that another might be injured. The act or failure to act shall demonstrate both a conscious disregard for the safety of another and a willingness to take known chances of perpetrating an injury.

(24m) “Security threat group” means a group of individuals who threaten, intimidate, coerce, or harass others or who engage in any activity that violates or encourages the violation of statutes, administrative rules, or department policy.

(25) “Staff” means a state employee or a person under contract with the department or the facility where a youth is housed.

(26) “Superintendent” means the superintendent of a facility or designee.

(27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

(27m) “Treatment-based response” means a nonpunitive intervention to provide youth with activities or opportunities to improve social, emotional, or behavioral skill development.

(28) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(29) “Youth” means a person or persons supervised by the department in a facility consistent with the requirements of law and regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00;.CR 24-040: r. (1), (3), (4), r. and recr. (6), (9), (10), cr. (10m), r. (13), (17) to (22), cr. (24m), am. (25), (26), cr. (27m), am. (29) Register June 2025 No. 834, eff. 7-1-25; correction in (9) (intro.) made under s. 35.17, Stats., Register June 2025 No. 834.

Wis. Admin. Code § DOC 373.04 Responsibilities of youth {#sec-doc-373.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.04}

Youth placed under department supervision have the opportunity to learn and to demonstrate constructive values and behaviors. By conducting themselves according to the rules and policies of the facility, youth will not only avoid the consequences of misconduct as outlined in this chapter, but will also earn a progressively greater degree of independence during the time of facility placement. Youth shall do all of the following:

(1) Allow others to have privacy.

(2) Respect the property of others.

(3) Refrain from physically or verbally abusing, exploiting or otherwise harming other youth, staff, or any other person.

(4) Accept adult guidance, support and supervision.

(5) Know the rules of the facility and ask questions of staff if unsure of the meaning of a rule.

(6) Be supportive of efforts by other youth to involve themselves in individual programs and assist others in their efforts to obey facility rules.

(7) Respect the race, gender, age, disabilities, religious background, and culture of other persons.

(8) Participate in major decision-making affecting the youth’s life.

(9) Carry out the youth’s part of the individual case plan.

(10) Use the complaint procedures to address problems that cannot be handled on an informal basis.

(11) Maintain good personal hygiene and strive to maintain good health.

(12) Participate in an active, positive manner in the assigned program.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (7) Register June 2020 No. 774, eff. 7-1-20; CR 24-040: am. (intro.), (5), (6) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.05 Conduct rules {#sec-doc-373.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.05}

Conduct rules define prohibited youth conduct and are described under ss. DOC 373.14 to 373.65. The conduct rules apply to each youth at all times while assigned to the supervision of a facility, regardless of where the violation was committed or attempted.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.06 Conduct rule violations {#sec-doc-373.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.06}

(1) A youth may not violate conduct rules.

(2) Violations of the conduct rules shall be resolved in accordance with this chapter.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.07 Attempted violation of conduct rules {#sec-doc-373.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.07}

(1) A youth is guilty of an attempt to violate a conduct rule if all of the following are true:

(a) The youth intended to do something that would have been a conduct rule violation.

(b) The youth committed an act that demonstrated intent to violate a conduct rule.

(2) The penalty for an attempt to violate a conduct rule is the same as the penalty for violating that conduct rule.

(3) A youth may be charged with both a substantive conduct rule violation and with an attempt to commit that conduct rule violation, based on the same incident, but may be found guilty of only one.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.08 Aiding, abetting or knowing of conduct rule violations {#sec-doc-373.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.08}

(1) A youth is guilty of aiding and abetting a conduct rule violation if the youth intentionally does any of the following:

(a) Encourages, directs, commands, hires, coerces, requests or signals another youth to commit a conduct rule violation.

(b) Assists another person, prior to a conduct rule violation, in planning or preparing for committing a conduct rule violation, with intent that the conduct rule violation be committed.

(c) Assists another person during commission of a conduct rule violation, whether or not this assistance was planned in advance.

(d) Destroys evidence of a conduct rule violation committed by another person or otherwise helps to prevent discovery of a conduct rule violation or of the person who committed the violation.

(2) If a youth knows of a plan to commit a conduct rule violation or knows of the commission of a conduct rule violation, failure of the youth to report the plan or commission is a conduct rule violation.

(3) A youth may be charged with both a substantive conduct rule violation and aiding and abetting or knowing of that conduct rule violation, based on the same incident, but may be found guilty of only one.

(4) A youth may be charged and found guilty of aiding and abetting or knowing of a conduct rule violation even if no one is charged or found guilty of committing the conduct rule violation.

(5) The penalty for aiding and abetting or knowing of a conduct rule violation shall normally be the same as for the substantive conduct rule violation.

(6) The penalty for a youth who aids and abets or knows of a conduct rule violation need not be based in any way on the penalty, if any, for the youth who actually committed the conduct rule violation.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.09 Defenses {#sec-doc-373.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.09}

The following, if established by a youth by a preponderance of the evidence are complete defenses to alleged violations of the conduct rules under this chapter:

(1) Mental incapacity. At the time of the conduct, the youth, as a result of mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules.

(2) Involuntary intoxication. At the time of the conduct, the youth, as a result of involuntary intoxication, lacked substantial capacity either to appreciate the wrongfulness of the conduct or to conform to the conduct rules. This subsection does not afford a defense if the intoxicant was taken voluntarily, unless the intoxicant was taken consistent with a proper prescription.

(3) Mistake. The youth honestly erred and the error negates the existence of a state of mind essential to the conduct rule violation.

(4) Self-Defense. A youth may use the minimum amount of force necessary to prevent death or bodily injury to self or in defending a third person. A youth may not continue to exercise self-defense after an order by staff to stop. In determining whether the minimum force was used in exercising self-defense, staff shall consider:

(a) Whether the aggressor used a weapon.

(b) The size of the youth invoking a self-defense claim in relation to the size of the aggressor.

(d) Whether staff were nearby.

(5) Orders. A youth may disobey a conduct rule when expressly authorized to disobey it by staff.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.10 Youth access to conduct rules {#sec-doc-373.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.10}

(1) The superintendent shall provide youth with an orientation to department conduct rules as part of the assessment and evaluation of youth under s. DOC 371.05 (1) (d).

(2) The superintendent shall provide a youth with a written copy of the conduct rules.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

Wis. Admin. Code § DOC 373.12 Lesser-included conduct rule violations {#sec-doc-373.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.12}

Certain prohibited acts have lesser-included acts associated with them. A youth alleged to have violated a conduct rule is also considered to have allegedly violated a lesser-included conduct rule. No youth may be found to have committed both an act and its lesser-included act based upon the same incident. Table 373-A lists the lesser-included conduct rule violations of each conduct rule violation.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Subchapter II Conduct Rules Relating to Bodily Security

Wis. Admin. Code § DOC 373.14 Causing the death of another {#sec-doc-373.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.14}

A youth may not intentionally, negligently or recklessly cause the death of another person.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.15 Sexual intercourse {#sec-doc-373.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.15}

(1) In this section, “sexual intercourse” means any penetration, however slight, by the penis into the mouth, vagina, or anus of another person, or any penetration, however slight, by any part of the body or an object into the anus or vagina of another person.

(2) A youth may not engage in sexual intercourse.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.16 Sexual contact {#sec-doc-373.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.16}

A youth may not intentionally touch with a body part or an object any intimate part of another person, either directly or through clothing, or cause it to be touched by another with or without the consent of that person.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.17 Restraint of another {#sec-doc-373.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.17}

Unless authorized, a youth may not seize, restrain or confine another person.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.18 Fighting {#sec-doc-373.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.18}

(1) In this section, “fight” means any situation where 2 or more persons are trying to injure each other by any physical means including, but not limited to, hitting, biting, kicking, scratching, throwing or swinging objects or using weapons.

(2) A youth may not participate in a fight.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.19 Battery {#sec-doc-373.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.19}

A youth may not intentionally cause injury, physical pain, illness or any impairment of physical condition to another person.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.20 Threats {#sec-doc-373.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.20}

A youth may not communicate to another person verbally, in writing or by gesture, symbol or action to do any of the following:

(1) Harm or harass that person or someone else.

(2) Cause damage to or loss of that person’s or another person’s property.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.205 Bullying {#sec-doc-373.205 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.205}

A youth may not participate in unwanted aggressive behavior that involves a real or perceived power imbalance through verbal behavior, physical behavior, or social behavior, or a combination, that intends to cause physical or psychological harm or both.

History

CR 24-040: cr. Register June 2025 No. 834, eff. 7-1-25; correction made under s. 35.17, Stats., Register June 2025 No. 834.

Subchapter III Conduct Rules Relating to Facility Security

Wis. Admin. Code § DOC 373.21 Inciting a disturbance {#sec-doc-373.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.21}

A youth may not encourage, direct, command, hire, coerce, request or signal one or more persons to participate in a disturbance.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.22 Participating in a disturbance {#sec-doc-373.22 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.22}

A youth may not do any of the following:

(1) Intentionally or recklessly participate in a disturbance, as defined in s. DOC 373.03(9).

(2) Remain in a group that has been ordered to disperse if some members of the group are participating in a disturbance.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.23 Unauthorized group activity {#sec-doc-373.23 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.23}

(1) In this section, “group” means a gang, cult or faction or other formal or informal association of youth.

(2) A youth may not do any of the following:

(a) Encourage, direct, command, hire, coerce, recruit or signal another person to participate in a group not authorized by the superintendent.

(b) Communicate verbally, in writing or by gesture, symbol or action about an unauthorized group matter or to demonstrate affiliation with an unauthorized group.

(c) Wear, display or have in the youth’s possession the clothing, jewelry, colors or other symbols of an unauthorized group to demonstrate affiliation with the group. This includes the cutting, styling or wearing of the youth’s hair or the wearing of clothes in a manner which demonstrates affiliation with an unauthorized group, or the depiction of the symbols of the group affiliation on a person’s body or on things including arts and crafts projects.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.24 Group resistance {#sec-doc-373.24 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.24}

A youth may not do any of the following:

(1) Participate in any group action with other youth, contrary to this chapter, facility policies and procedures or a verbal directive from staff, whether or not the group action creates a serious danger of harm to persons or property.

(2) Join in or solicit another to join in any group petition, gathering, or statement, except that the following actions are not prohibited:

(a) Group complaints authorized by s. DOC 380.04 (5).

(b) Group petitions to courts.

(3) Participate in any activity associated with any security threat group or possess any written materials, symbols, or symbolism related to a security threat group.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), cr. (3) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.25 Disguising identity {#sec-doc-373.25 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.25}

A youth may not do any of the following:

(1) Conceal, alter or disguise personal appearance in an attempt to prevent identification.

(2) Use any items or materials to make a representation of himself or herself without authorization of staff.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.26 Escape {#sec-doc-373.26 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.26}

Unless authorized, a youth may not do any of the following:

(1) Leave the facility.

(2) Violate the directives of staff as to where the youth may be and for what time period the youth may be at the designated place.

(3) Fail to return to the facility or other designated facility from any approved leave.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00 CR 24-040: am. (1), (3) Register June 2025 No. 834, eff. 7-1-25.

Subchapter IV Conduct Rules Relating to Order

Wis. Admin. Code § DOC 373.27 Inappropriate sexual conduct {#sec-doc-373.27 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.27}

A youth may not engage in any of the following inappropriate sexual conduct:

(1) Requesting, soliciting, hiring or communicating with another person in any manner, including orally or in writing, to have sexual intercourse, as defined in s. DOC 373.15 or sexual contact, as described in s. DOC 373.16.

(2) Exposing, touching or gesturing to the youth’s own intimate parts to attract the attention of another person or using sexually explicit communication.

(3) Touching an animal for the purpose of causing sexual arousal or gratification to the youth or another person.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: r. (2) Register June 2025 No. 834, eff. 7-1-25; (1) renumbered to (intro.) under s. 13.92 (4) (b) 1., Stats., Register June 2025 No. 834.

Wis. Admin. Code § DOC 373.28 Obstruction {#sec-doc-373.28 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.28}

(1) In this subsection, “obstruct or resist” means to try to prevent or impede a change in placement location by passive or aggressive use of one’s body or another object. A youth may not physically obstruct or resist staff’s attempt to change the physical location of the youth or another youth.

(2) In this subsection, “obstruct or impede” means to try to diminish staff’s ability to visually monitor or supervise a youth by use of one’s body, another person or an object. A youth may not obstruct or impede staff’s ability to visually monitor the youth or another youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.29 Refusal to comply {#sec-doc-373.29 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.29}

A youth may not refuse to comply with any verbal or written directive from staff.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; CR 24-040: r. and recr. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.30 Disrespect {#sec-doc-373.30 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.30}

A youth may not show disrespect for another person by behavior directed at that person, whether or not the person is present, which is audible or observable and includes, but is not limited to, derogatory or profane writing, oral remarks, gestures, name-calling or yelling.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.31 Soliciting staff {#sec-doc-373.31 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.31}

Unless authorized, a youth may not do any of the following:

(1) Give or offer to give anything having more than nominal value to staff or family of staff.

(2) Request or accept anything having more than nominal value from staff or family of staff.

(3) Buy, rent, lease or borrow anything from, or sell, rent, lease or lend anything to staff or family of staff.

(4) Request that staff or family of staff buy, rent, lease or borrow anything for the youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.32 Lying {#sec-doc-373.32 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.32}

A youth may not do any of the following:

(1) Make an oral or written statement that the youth knows is false or misleading.

(2) Withhold or misrepresent information.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: r. and recr. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.33 Disruptive conduct {#sec-doc-373.33 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.33}

A youth may not engage in or cause conduct within the sight or hearing of others which is unusually loud, offensive or vulgar, including arguments, yelling, loud noises, horseplay, loud talking and other behavior, which may disrupt the normal functioning of the facility, any area within the facility or any other area to which the youth is assigned.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.34 Violating boundaries {#sec-doc-373.34 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.34}

A youth may not do any of the following:

(1) Intentionally touch with a body part or an object any part of another person, either directly or through clothing, or cause it to be touched by another with or without the consent of that person.

(2) Intentionally make staff feel uncomfortable through verbal or nonverbal communication, including comments of a sexual nature or comments regarding the personal lives of staff.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: r. and recr. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.35 Unauthorized forms of communication {#sec-doc-373.35 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.35}

A youth who does any of the following is guilty of unauthorized forms of communication:

(1) Communicates with another person by a method or with a device not authorized by the department.

(2) Communicates with persons where a court order exists prohibiting contact.

(3) Communicates with persons with whom the department has prohibited contact.

(4) Communicates with a victim of a crime for which the youth has been convicted, or a read-in-offense, or victim’s family unless approved by the superintendent.

(5) Communicates in a manner that harms, harasses, or intimidates any person.

(6) Communicates in a manner that is intended to be in code or in a manner that hinders staff’s ability to readily translate, understand or interpret the communication.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: r. and recr. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.36 Enterprise and fraud {#sec-doc-373.36 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.36}

(1) A youth may not engage in any unauthorized activity involving the exchange of money, property, or service. Any youth who was engaged in any lawful business or enterprise prior to admission shall disengage from the operation of it in a manner determined by the superintendent.

(2) A youth may not offer to buy or order any item intending not to pay for it.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Subchapter V Conduct Rules Relating to Property

Wis. Admin. Code § DOC 373.37 Counterfeiting and forgery {#sec-doc-373.37 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.37}

(1) A youth may not make or alter any of the following:

(a) Any document so that it appears to have been made, signed, initialed or stamped either by someone else, or at a different time or with different provisions.

(b) Any postage stamp or postal cancellation mark.

(2) A youth may not knowingly use a forged, counterfeit, or altered document, postage stamp or postal cancellation mark.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.38 Unauthorized use of or access to records {#sec-doc-373.38 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.38}

Unless authorized, a youth may not read, gather or disclose information in facility records about another youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.39 Theft {#sec-doc-373.39 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.39}

In this section, “steal” means obtain or retain the possession of or title to the property of another with intent to deprive the owner of it without the consent of the owner. A youth may not steal the property of another person or the state.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.40 Property damage or alteration {#sec-doc-373.40 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.40}

(1) A youth may not intentionally, negligently or recklessly damage, destroy or alter the property of another person or state property.

(2) Unless authorized, a youth may not damage or destroy his or her personal property.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.41 Arson {#sec-doc-373.41 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.41}

A youth may not start a fire unless authorized by staff.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.42 Causing an explosion {#sec-doc-373.42 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.42}

A youth may not cause an explosion.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.43 Creating a safety hazard {#sec-doc-373.43 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.43}

A youth may not create a safety hazard. This includes, but is not limited to, the misuse of electrical outlets, electrical equipment and machinery or activities such as tampering with doors or locks or rendering floors slippery with water or another agent.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.44 Transfer of property or services {#sec-doc-373.44 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.44}

Unless authorized, a youth may not do any of the following:

(1) Give, sell or lend property or services to another person.

(2) Receive, accept, buy or borrow property or services from another person.

(3) Barter or exchange property or services with another person.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Subchapter VI Conduct Rules Relating to Contraband

Wis. Admin. Code § DOC 373.45 Unauthorized possession of money {#sec-doc-373.45 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.45}

(1) In this section:

(a) “Negotiable instrument” means a check or other written statement, signed by the maker or drawer, which contains an unconditional promise to pay which is payable on demand or at a specified time and which is payable to the order of the bearer.

(b) “Possess” means have on a youth’s person, in the youth’s quarters, in the youth’s locker or otherwise under the youth’s control in the facility.

(2) Unless authorized, a youth may not possess coins or paper money, a check, money order, savings bond or any other negotiable instrument.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) (b) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.46 Intoxicants and paraphernalia {#sec-doc-373.46 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.46}

(1) In this section, “intoxicating substance” means anything which, if taken into the body, may alter or impair normal mental or physical functions or is represented to do so, including, but not limited to, alcoholic drinks, lysergic acid diethylamide, also known as LSD, heroin, cocaine, marijuana, alcohol, paint thinner and unauthorized glues. Medications taken consistent with a proper prescription in accordance with law are not intoxicating substances.

(2) A youth may not knowingly possess, transfer, manufacture, distribute or use an intoxicating substance, or have knowledge of, but fail to report another person’s possession, transfer, manufacture, distribution or use of an intoxicating substance.

(3) A youth may not knowingly possess any chemical laboratory equipment or homemade device used in the manufacture of an intoxicating substance or any device used to take an intoxicating substance into the body, including, but not limited to, a still, hollow needle, small spoon, roach clip or marijuana or hashish pipe.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (2) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.47 Weapons {#sec-doc-373.47 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.47}

(1) A youth may not possess or transfer any item that can be used as a weapon with intent to use it as a weapon against another person or to damage property.

(2) A youth may not make or alter any item with intent to make it suitable for use as a weapon.

(3) A youth may not knowingly possess or transfer an item that is designed to be used as a weapon or to be used in the manufacture of a weapon.

(4) Any item found which apparently violates this section may be confiscated. If a youth is found not guilty of violating this section and the item is not contraband, the item shall be returned to the youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (3) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.48 Unauthorized possession or use of tobacco or smoking materials {#sec-doc-373.48 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.48}

A youth may not smoke tobacco or any other substance or possess tobacco or any other smoking materials.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.49 Unauthorized property {#sec-doc-373.49 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.49}

(1) A youth may not possess stolen property or property a youth may not knowingly possess under the laws of Wisconsin, the United States or the rules of the department.

(2) Each facility shall post a list of all types of personal property which youth are allowed to possess in accordance with s. DOC 379.10 (2). All property that is not on the posted list is unauthorized.

(3) All property which is not on a youth’s property inventory, consistent with s. DOC 379.10 (4), is unauthorized.

(4) A youth may not knowingly violate this section or facility policies and procedures relating to personal property.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (2), (4) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.50 Unauthorized use of the mail {#sec-doc-373.50 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.50}

(1) A youth may not use the U.S. postal service to communicate with a person the youth may not correspond with under s. DOC 379.04.

(2) A youth may not send through the mail any item that the youth is not allowed to possess, except that items in safekeeping and items which have been seized may be sent out through the mail or by other means at the youth’s expense.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.505 Misuse of state or federal property {#sec-doc-373.505 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.505}

Any youth who uses government property in an unauthorized manner is guilty of misuse of state or federal property.

History

CR 24-040: cr. Register June 2025 No. 834, eff. 7-1-25.

Subchapter VII Conduct Rules Relating to Movement

Wis. Admin. Code § DOC 373.51 Leaving an assigned area {#sec-doc-373.51 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.51}

A youth may not leave a room or area where the youth is attending any scheduled activity such as, but not limited to, a class, meal, religious service, group meeting or the immediate area of work or school assignment without authorization or a valid pass.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.53 Entry of an unauthorized room or area {#sec-doc-373.53 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.53}

(1) In this section, “enter” means reach into, lean into or put any object or part of the body into a room or area.

(2) Unless authorized, a youth may not enter another youth’s room or permit another youth to enter the youth’s own room.

(3) Unless authorized, a youth may not enter any area other than an area to which the youth has been assigned.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.54 Tardiness and absence {#sec-doc-373.54 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.54}

Unless authorized, a youth may not be tardy or absent from any event, work, class, meeting, meal, appointment or other program related activity.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Subchapter VIII Conduct Rules Relating to Safety and Health

Wis. Admin. Code § DOC 373.55 Creating an unsanitary condition {#sec-doc-373.55 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.55}

(1) In this section, bodily fluids or secretions include saliva, blood, feces, semen, urine and vomit.

(2) A youth may not intentionally throw, expel, or otherwise cause the youth’s own bodily secretions or fluids, or the secretions or fluids of another youth to come into contact with another person.

(3) A youth may not recklessly or negligently dispose of the youth’s own bodily secretions or fluids, or the secretions or fluids of another youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.56 Misuse of medication {#sec-doc-373.56 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.56}

(1) A youth may not possess or take medication except as properly prescribed for the youth, and in the amount and manner authorized.

(2) A youth may not distribute any medications, including over-the-counter medications, to another youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.58 Room disorder {#sec-doc-373.58 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.58}

(1) Each facility or residential area of a facility shall adopt and post specific policies and procedures regulating the organization, neatness and cleanliness of youth living quarters.

(2) A youth may not violate facility policies and procedures regarding organization, neatness and cleanliness of a youth’s living quarters.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.59 Poor self-maintenance {#sec-doc-373.59 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.59}

(1) A youth may not fail to follow facility standards or directives regarding personal cleanliness or grooming when the youth has been informed by staff that he or she does not meet the standards or directives.

(2) A youth may not fail to shower at least every 7 days or more frequently if required by the facility.

(3) A youth performing a work assignment may be required to maintain suitably cut hair or to wear protective headgear or a net.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (2) Register June 2025 No. 834, eff. 7-1-25.

Subchapter IX Miscellaneous Conduct Rules

Wis. Admin. Code § DOC 373.60 Violation of clothing policy {#sec-doc-373.60 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.60}

Each facility shall post specific policies and procedures describing the clothing to be issued to youths, how clothing shall be worn, and when it shall be worn. A youth may not violate the facility policies and procedures regarding clothing.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.61 Gambling {#sec-doc-373.61 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.61}

A youth may not wager money, services or anything else of value on the outcome of all or any part of a game of skill or chance, an athletic contest, the outcome of any event, or anything else.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.64 Failure to cooperate with program {#sec-doc-373.64 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.64}

In this section, “fail to cooperate” includes, but is not limited to, failure of a youth to work appropriately toward completion of case plan objectives or program goals or to respond appropriately to any discipline imposed. A youth may not intentionally fail to cooperate with an assigned program.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 373.65 Facility policies and procedures {#sec-doc-373.65 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.65}

(1) Each facility shall make specific policies and procedures relating to talking, clothing, movement within the facility, conditions of leave from the facility, personal property, personal hygiene and conditions of living quarters. These policies and procedures shall be consistent with the purposes stated in s. 938.01, Stats., and the goals of youth corrections in s. DOC 371.01 (2). No facility policy or procedure may conflict with any provision of this chapter or be stricter than any provision of this chapter.

(2) The facility may solicit the views of youth prior to the adoption of a facility policy or procedure.

(3) Discipline may be imposed for violation of a facility policy or procedure only if at least one of the following apply:

(a) The policy or procedure was posted on a facility bulletin board or in a facility handbook and a youth had actual knowledge of the facility policy or procedure at the time of the violation.

(b) There is a violation of a facility policy or procedure in a facility handbook or other document that was received by a youth, in which case the youth is presumed to have knowledge of the policy or procedure in the absence of a preponderance of evidence to the contrary.

(4) Each facility shall maintain at least one bulletin board for bulletins of general applicability. Bulletin boards shall be located so that every youth has an opportunity to read all bulletins that apply to youth. Bulletins that are no longer in effect shall be removed from the bulletin board.

(5) A handbook of all current policy and procedure bulletins under sub. (1) shall be maintained at the facility and be readily accessible to youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. Register June 2025 No. 834, eff. 7-1-25.

Subchapter X Disposition of Conduct Rule Violations

Wis. Admin. Code § DOC 373.66 Conduct rule violations: possible dispositions {#sec-doc-373.66 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.66}

The conduct rule violations described in ss. DOC 373.14 to 373.65 may be dealt with by staff only in the following ways:

(1) A youth may be counseled and warned, consistent with s. DOC 373.67 or disciplined summarily, consistent with s. DOC 373.68.

(2) In lieu of or in addition to a warning or summary disposition, facility staff may issue a treatment-based response to address any conduct rule violation.

(3) Violations of the criminal law may be referred under s. DOC 373.83 to law enforcement authorities for prosecution.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. and recr. (2) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.67 Conditions under which youth who violate conduct rules are not disciplined {#sec-doc-373.67 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.67}

(1) Under any of the following conditions, staff may inform a youth about conduct that violates a conduct rule, discuss that conduct and give a warning:

(a) The youth is unfamiliar with the conduct rule.

(b) The youth has not violated the same or a closely related rule recently, whether or not discipline was imposed.

(d) Although the youth technically violated a conduct rule, the purpose of this chapter would not be served by disciplining a youth in the particular situation.

(2) No record or official report of a disposition under sub. (1) is required.

(3) The superintendent may overrule a determination that a violation has occurred. [The decision by the superintendent to overrule or not overrule is not reviewable by a hearing officer.]

Note: The bracketed material was inadvertently left in by rule CR 24-040 and will be removed in future rulemaking.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) (intro.), r. (4) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.68 Summary disciplinary dispositions {#sec-doc-373.68 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.68}

(1) A youth may be disciplined summarily for a conduct rule violation in accordance with this chapter. When a youth is disciplined summarily under this section, staff shall make an appropriate record.

(2) When staff who have the responsibility for supervising a youth believe that a penalty listed in sub. (3) is appropriate, staff shall do all of the following:

(a) Inform the youth of the nature of the alleged infraction and the potential disposition.

(b) Obtain the youth’s version of the underlying facts.

(c) Make a finding as to whether the youth violated a conduct rule, communicate this finding to the youth and impose discipline consisting of one or more of the disciplinary actions under sub. (3).

(3) Discipline imposed by staff under this section shall be limited to one or more of the following disciplinary actions:

(a) An oral or written reprimand.

(d) Loss of a specific privilege for up to one week or loss of participation in a special event.

(e) A disposition, which may include:

Counseling and a warning.
Extra duty related to the misconduct.
Apology for the misconduct.
Monetary restitution.
A period of positive behavior.

(4) A supervisor shall review the findings of fact and discipline within one day, excluding weekends and holidays, of imposition of the discipline. The supervisor may affirm, modify or reverse the findings of staff or reduce the discipline. The supervisor may make any adjustment, consistent with this chapter, in the discipline imposed or in the imposition of future consequences, but may not increase the level of discipline imposed by staff unless the requirements of sub. (10) are met.

(5) A youth has no right to be present at the supervisor’s review.

(6) Imposition of discipline is not suspended while the matter is under review. A youth shall be credited for any confinement served during the review.

(7) A youth may appeal the decision of the supervisor to the superintendent consistent with s. DOC 373.81.

(8) The record of a conduct rule violation which is dealt with by a summary disposition shall be approved by the supervisor before being entered in a youth’s official records.

(9) Within a reasonable time following disposition, staff shall counsel the youth about the incident that occurred.

(10) More restrictive forms of discipline than those authorized in sub. (3), for a conduct rule violation may be imposed by a supervisor under this subsection as follows:

(a) Discipline imposed under this subsection is limited to the discipline authorized in sub. (3), modified as follows:

Loss of a specific privilege for not more than 2 weeks or the loss of 2 occurrences of a special event.
Loss of an off grounds activity for no longer than 30 days.

(b) Before a youth is disciplined under this subsection, the supervisor shall do all of the following:

Obtain a statement of facts with a recommendation from staff.
Inform the youth of the nature of the alleged infraction and the range of discipline.
Request that the youth relate the facts concerning the matter at issue.

(e) Within a reasonable time following a disposition under this subsection, staff shall talk to the youth and offer counseling about the incident that occurred.

(f) A youth may appeal the supervisor’s decision under this section consistent with s. DOC 373.81.

(11) Any contraband related to the incident shall be disposed of in accordance with s. DOC 376.17.

(12) If a youth commits a conduct rule violation during the course of a visit, the visiting privileges may be suspended as a disposition, under s. DOC 379.07 (9) (b).

(13) If a conduct rule violation occurred as a result of misuse of the mail, the mail privileges may be suspended as a disposition, under s. DOC 379.04 (6).

(14) If a conduct rule violation occurred as a result of misuse of federal or state property, the federal or state property privileges may be suspended as a disposition under ch. DOC 379.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. (3) (b), am. (4), (10) (intro.), r. (10) (a) 1., am. (10) (c), r. (10) (d), renum. (12), (13) from DOC 373.11 (7), (8) and am., cr. (14) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.79 Recordkeeping {#sec-doc-373.79 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.79}

(1) A record of a conduct rule violation may be included in a youth’s permanent record only if the youth was found guilty by summary disciplinary procedure, as provided in s. DOC 373.68.

(2) Following an appeal in which the finding of guilty is reversed, all records of the conduct rule violation shall be removed from the youth’s records.

(3) No record of an alleged violation of the conduct rules which has been dismissed may be maintained in any official record or considered in making program or release decisions. Information concerning the alleged violation may be retained for statistical or administrative purposes only, but without personal identifiers.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), (3) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.81 Discipline: review by superintendent {#sec-doc-373.81 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.81}

(1) A youth who has received summary discipline may appeal the decision to the superintendent within 7 days of the day the youth was notified of the decision. A youth who has difficulty preparing a written appeal shall be assisted by staff when requested to do so by the youth.

(2) The superintendent shall issue a final decision on the appeal within 7 days of receipt of the appeal. Failure to issue a final decision upholds the decision to discipline.

(3) The superintendent may do any of the following:

(a) Affirm both the finding of guilt and the discipline imposed.

(b) Affirm the finding of guilt, but reduce the discipline.

(4) Whether or not there is an appeal, the superintendent shall review all findings of guilt and the discipline imposed within 2 days, excluding weekends and holidays, of the time that the decision is imposed and may review the findings and discipline at any time thereafter. In either case, the superintendent may reverse the finding of guilt or reduce the discipline.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1), r. (3) (d), am. (4), r. (5) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.83 Referral for prosecution {#sec-doc-373.83 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.83}

(1) The superintendent of each facility shall develop, in conjunction with local law enforcement authorities, a policy regarding conduct rule violations to be considered for referral for prosecution.

(2) When a conduct rule violation which is also a crime is alleged, the superintendent shall review the incident in light of the policy to determine if the case should be referred for prosecution and if necessary, shall order an investigation to determine if sufficient evidence exists for referral.

(3) Whether or not the review described in sub. (2) results in prosecution, the incident may be handled as a conduct rule violation.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-040: am. (1) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § DOC 373.84 Harmless error {#sec-doc-373.84 omnilex-key=us-wi-regs-official--agency-doc--DOC 373.84}

If a procedural requirement under this chapter is not adhered to by staff, the error may be deemed harmless and disregarded if it does not prejudice a fair proceeding involving a youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 375 OBSERVATION STATUS IN TYPE 1 SECURED CORRECTIONAL FACILITIES

Wis. Admin. Code § DOC 375.01 Authority and purpose {#sec-doc-375.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.01}

This chapter is promulgated under the authority of ss. 227.11 (2), 938.48 (16) and 938.505 (1), Stats., to establish standards and procedures for the involuntary non-punitive, temporary confinement of a youth to ensure the youth’s safety and the safety of others if the youth is mentally ill and dangerous, is experiencing acute mental distress or has a medical problem that requires separation for treatment.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.02 Applicability {#sec-doc-375.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.02}

This chapter applies to the department and all youth under its supervision in a type 1 secured correctional facility.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.03 Definitions {#sec-doc-375.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.03}

In this chapter:

(1) “Acute mental distress” means a condition in which a youth’s emotional, social or behavioral functioning is significantly impaired and the impairment may result in physical harm to the youth or others.

(2) “Administrator” means the administrator of the division or that person’s designee.

(3) “Advanced practice nurse prescriber” means an advanced practice nurse as defined in ch. 441, Stats., and ch. N 8 who has been certified to prescribe medication.

(4) “Dangerous” means a youth presents a substantial probability of physical harm to self or to other persons as manifested by any of the following:

(a) Recent homicidal or other violent behavior.

(b) The reasonable fear of others of violent behavior and serious physical harm, because of a recent overt act or an attempt or threat to cause serious physical harm.

(d) The inability to cope with life in the institution to the degree that the youth or others are endangered.

(5) “Day” means a calendar day.

(6) “Department” means the department of corrections.

(7) “Division” means the department’s division of juvenile corrections.

(8) “Guardian” has the meaning given in s. 938.02 (8), Stats.

(9) “Health services professional” means a nurse, an advanced practice nurse prescriber, a physician’s assistant or a physician who are licensed or certified to practice in Wisconsin.

(10) “Institution” means a type 1 secured correctional facility operated by the department.

(11) “Mental health facility” means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including, but not limited to, inpatient and outpatient programs, community support programs and rehabilitation programs.

(12) “Mentally ill” means that a youth has a substantial disorder of thought, mood, perception, orientation or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life in an institution.

(13) “Nurse” means a registered or licensed practical nurse as defined by ch. 441, Stats.

(14) “Parent” has the meaning given in s. 938.02 (13), Stats.

(15) “Physician” means a person licensed as a physician under ch. 448, Stats.

(16) “Physician’s assistant” means a person licensed to practice as a physician’s assistant under ch. 448, Stats.

(17) “Psychologist” means a person licensed to practice psychology under ch. 455, Stats.

(18) “Shift supervisor” means a staff member designated by the superintendent to perform supervisory functions under this chapter on a particular shift.

(19) “Staff” means a person employed by the institution or under contract by the department.

(20) “Superintendent” means the superintendent of a type 1 secured juvenile correctional facility or that person’s designee.

(21) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(22) “Youth” means a person or persons under the supervision of the department in an institution consistent with the requirements of law and regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.04 Observation {#sec-doc-375.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.04}

(1) Criteria. Observation is an involuntary non-punitive status used for the temporary confinement of a youth to ensure the individual’s safety and the safety of others. A youth may be placed in observation if any of the persons listed in sub. (2) (b) have reasonable cause to believe that one or more of the following are true:

(a) The youth is mentally ill and dangerous to self or others.

(b) The youth is exhibiting symptoms of acute mental distress.

(c) The youth has a communicable disease, infection or other medical problem that requires separation from the institution population for treatment by a physician.

(2) Placement authority.

(a) Any staff member may recommend to a supervisor that a youth be placed in observation. The staff member shall state in writing the reasons for the recommendation and describe the conduct or condition that forms the basis for the recommendation.

(b) If there is reasonable cause to believe that the criteria under sub. (1) are met, a youth may be placed in observation only by one or more of the following:

A psychologist or physician.
Any health services professional, if a psychologist or physician is not available for consultation, either in person or by telephone.
The superintendent.
The shift supervisor with the approval of the superintendent.

(3) Examination.

(a) Review of placement.

If a youth is placed in observation under sub. (2) (b) 2., 3. or 4., a psychologist or physician shall examine the youth and evaluate the placement to verify a condition under sub. (1) as soon as practical, but in no case may the examination take place later than 3 days after placement.
A psychologist or physician shall examine a youth placed in observation under sub. (1) (a) or (b) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.
A health services professional shall examine a youth placed in observation under sub. (1) (c) as needed, but at least every 3 days, to determine if the placement is consistent with the requirements of this chapter.
If a physician, psychologist or health services professional’s examination under this paragraph determines that a youth does not meet the requirements for observation under sub. (1), the youth shall be promptly released from observation.

(b) Voluntary transfer. If a psychologist or physician determines that a youth needs treatment in a mental health facility, staff shall ask for written consent to transfer to a mental health facility from: the parent or guardian, if the youth is under 14 years of age; the parent or guardian and the youth if the youth is 14 through 17 years of age; and the youth only if the youth is 18 years of age or older. If individual required to consent does so in writing and the superintendent approves, the psychologist or physician shall initiate the voluntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for voluntary transfer shall be followed.

(c) Involuntary transfer. If an institution cannot obtain consent under par. (b), a physician or psychologist may recommend involuntary transfer of the youth to the superintendent. If the superintendent approves, the psychologist or physician shall initiate the involuntary transfer procedure by contacting the mental health facility to obtain information regarding bed availability. All legal requirements under ch. 51, Stats., for involuntary transfer shall be followed.

(d) Medical need. If a youth is placed in observation under sub. (1) (c), a health services professional shall document the youth’s medical treatment needs and review the youth’s status as needed. If a youth’s medical needs cannot be met at the institution, the superintendent shall promptly transfer the youth to an appropriate medical facility.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.05 Limits on time in observation {#sec-doc-375.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.05}

(1) A youth placed in observation under s. DOC 375.04 (1) (a) may not remain in observation longer than 14 days unless notice of review of the youth’s status under s. DOC 375.06 (2) has been served, the superintendent has approved a voluntary or involuntary transfer under s. DOC 375.04 (3) (b) or (c) and legal proceedings under ch. 51, Stats., have been initiated. The superintendent shall promptly inform the administrator if a youth is kept in observation beyond 14 days and the administrator shall review the need for observation at least every 7 days after the youth has been in observation for 14 days.

(2) A youth placed in observation under s. DOC 375.04 (1) (b) may not remain in observation for longer than 14 days.

(3) A youth placed in observation under s. DOC 375.04 (1) (c) may remain in observation for a reasonable period of time for diagnosis and, if necessary, treatment until the disease or condition is in remission or the youth has passed the communicable stage of the disease or infection.

(4) When a youth is placed in observation, the superintendent shall give the youth written notice of this section and s. DOC 375.10.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.06 Review of need for continued observation {#sec-doc-375.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.06}

(1) If a physician or psychologist determines that observation of a youth under s. DOC 375.04 (1) (a) must continue beyond 14 days and the superintendent has initiated transfer proceedings under s. DOC 375.04 (3) (b) or (c), a psychologist or physician, other than the person who made the original placement, shall review the need for continued confinement of the youth following notice under sub. (2).

(2) The psychologist or physician who conducts the review under sub. (1) shall serve written notice of the review on the youth within 14 days after the youth is first placed in observation. Notice shall include:

(a) The allegation of the youth’s mental illness and dangerousness.

(b) The standards used to determine mental illness and dangerousness.

(d) The sources of information relied upon, unless such disclosure would threaten personal safety or institution security. If information is not disclosed, the notice shall state that information is not being disclosed and the reason it has not being disclosed.

(e) An explanation of the possible consequences of the review.

(f) An explanation of the youth’s rights at the review which include all of the following:

The right to be present.
The right to deny the allegation.
The right to an advocate in accordance with s. DOC 373.74 and the right to present or have the advocate present information obtained from witnesses.
The right to present documentary evidence.
The right to question witnesses.
The right to receive a written decision, stating the reasons based upon the evidence.
The right to appeal the finding in accordance with s. DOC 375.10.
The date, time and place of the review and an order that the youth appear at the review.

(3) The review under sub. (1) shall take place not sooner than 2 days and not later than 5 days after service of notice to the youth. The youth may not waive the review or the time limits under this subsection.

(4) All of the following procedures apply at the review under sub. (1):

(a) The person conducting the review shall read aloud the allegations of the youth’s dangerousness and mental illness.

(b) All witnesses present including the youth and the staff member who recommended the placement into observation shall have an opportunity to speak.

(d) The youth may ask questions or submit written questions to be asked of a witness. Repetitive, disrespectful, or irrelevant questions may be forbidden.

(e) The person conducting the review shall maintain a written record consisting of exhibits presented at hearing and a summary of witness statements.

(f) If the person conducting the review determines that a witness shall not be called or that the identities or sources of information relied upon or any statements or evidence should not be included in the record, because personal safety or institution security is implicated, the omission shall be noted in the record. Witness availability shall be determined consistent with s. DOC 373.76 (3).

(5) After the review under sub. (1), the person conducting the review shall deliberate in private considering only the evidence presented, the youth’s records and the definitions of dangerousness and mental illness in this chapter. The superintendent shall immediately release the youth from observation if the person conducting the review determines that the youth is not both mentally ill and dangerous. If the person conducting the review determines that the youth is both mentally ill and dangerous, the youth shall remain in observation. The reasons for the decision shall be given to the youth orally and in writing within 5 days after the decision is issued.

(6) The superintendent shall require a review under sub. (1) at least once every 21 days after issuance of the decision under sub. (5). A youth may not be confined in observation for more than 60 days from the day the youth is placed in observation, unless the administrator grants an extension of that time period. The reviews under sub. (1) must be conducted at least every 21 days during a period of extension.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.07 Conditions of observation {#sec-doc-375.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.07}

(1) Staff shall confine a youth in observation status in a room appropriate to meet the purposes of this chapter. The youth may have access to common areas if behavior permits such access. The youth shall be entitled to the same privileges and property as youth in the general population, unless any of the following apply:

(a) The person who placed the youth in observation under s. DOC 375.04 (2) or the supervisor on the observation unit where the youth is placed reasonably believes that the privileges or property may be used by the youth or another youth in observation to harm self or another person.

(b) The property is not permitted, because of the security needs of the observation unit.

(2) Staff shall promptly remove any privilege or property used by a youth in observation to harm self or another person. The superintendent shall promptly review the decision and may restore the privilege or property if it is safe to do so.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.08 Supervision {#sec-doc-375.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.08}

(1) Staff shall have unimpeded access to youth placed in observation under s. DOC 375.04 (1) (a) or (b), shall observe the youth at least once every 15 minutes and shall accompany the youth at all times while the youth is out of his or her room.

(2) Staff shall use the most appropriate setting to achieve the objectives of this chapter and to treat youth in observation. Staff shall make a reasonable effort to interact with youth throughout each day.

(3) The shift supervisor shall promptly inform a health services professional, psychologist or crisis intervention worker of any suicide attempt or other self-harm that occurred prior to or during placement in observation. Staff shall promptly report all placements into and transfers from observation and any suicide attempts prior to or during placement in observation to the superintendent.

(4) A psychologist or health services professional shall provide appropriate treatment and document the youth’s progress in treatment while the youth is in observation. The psychologist or health services professional shall document in the youth’s file specific descriptions of incidents that may relate to the youth’s mental illness, dangerousness, mental distress or physical condition.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.09 Removal from observation {#sec-doc-375.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.09}

A youth shall be returned to previous status and assignment or shall be reassigned by the institution programming authority after removal from observation, with particular attention given, as appropriate, to the special needs which required placement in observation status. A youth may be returned to observation consistent with this chapter.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.10 Appeal {#sec-doc-375.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.10}

(1) A youth placed in observation under s. DOC 375.04 (1) (a) who does not receive timely reviews in accordance with this chapter or who has had an adverse decision under s. DOC 375.06 (5) may appeal to the administrator.

(2) A youth placed in observation under s. DOC 375.04 (1) (b) who does not receive timely reviews in accordance with this chapter or who has had an adverse decision under s. DOC 375.04 (3) (a) 2. may appeal to the administrator.

(3) A youth placed in observation under s. DOC 375.04 (1) (c) for more than 5 days may appeal to the administrator.

(4) The administrator may request an additional clinical or medical assessment of a youth’s condition prior to completing a written decision, which the administrator shall issue to the youth and appropriate staff within 5 days of receipt of the appeal.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 375.11 Report to administrator {#sec-doc-375.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 375.11}

A superintendent shall provide the administrator with a written report every 3 months which identifies by name each youth placed in observation, the reasons for the placement, the date the youth was placed in observation and the date the youth was released from observation.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 376 SECURITY IN TYPE 1 SECURED CORRECTIONAL FACILITIES

Wis. Admin. Code § DOC 376.01 Authority and objectives {#sec-doc-376.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.01}

This chapter is promulgated under the authority of ss. 227.11 (2) (a), 301.025 and 938.48 (16), Stats. The department’s primary security objectives are to protect the public, staff and youth and to afford youth a safe setting to participate in activities that prepare them to be successfully reintegrated into the community.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 376.02 Applicability {#sec-doc-376.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.02}

This chapter applies to the department and all youth under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 376.03 Definitions {#sec-doc-376.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.03}

In this chapter:

(1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(4) “Body contents search” means a search in which a youth is required to provide a biological sample, including deoxyribonucleic acid (DNA), urine, breath, or blood for analysis. Body contents searches do not include examinations and tests requested by medical staff for medical reasons.

(4m) “Body scan search” means a search using body scan technology to produce an image capable of revealing the presence of drugs, weapons, or other harmful materials concealed on or inside the body.

(5) “Chemical agent” means chloroacetophenone or “CN”, o-chlorobenzyl malononitrile or “CS”, oleoresin of capsicum or “OC” or other commercially manufactured chemical agents approved by the department.

(7) “Contraband” means any item or items introduced or found in the facility whether illegal or legal that are expressly prohibited by the department or facility policy.

(8) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

(8m) “De-escalation” means assisting a youth to regain behavioral control and to avoid physical intervention to defuse a volatile situation.

(9) “Department” means the department of corrections.

(10) “Facility” means a type 1 juvenile correctional facility, as defined in s. 938.02 (19), Stats.

(11) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of physical force and mechanical restraints.

(12) “Full body restraint” means a mechanical restraint used to simultaneously immobilize legs, arms and torso.

(13) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

(13m) “Group disturbance” means the disruption or interference of normal facility operations resulting from 3 or more youth participating in actions, threats, demands, or suggestions to advocate disruption or disturbance almost akin to a riot.

(14) “Health services professional” means a nurse, an advanced practice nurse prescriber, a physician’s assistant or a physician who are licensed or certified to practice in Wisconsin.

(17) “Lockdown” means restriction of movement and programs throughout an entire facility to control a situation regarding safety or security of a facility.

(18) “Medical staff” means physician, physician’s assistant or nurse practitioner.

(19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to impede the free movement of a youth.

(21) “Personal search” means a search of a youth’s person including the clothing, a pat-down of the body, an examination of shoes, coat and hat and an inspection of the mouth.

(21m) “Psychology staff” means individuals licensed to provide behavioral health services in accordance with state law and who meet education, training, and experience to perform the duties required in accordance with professional standards and licensing.

(22) “Reasonable belief” means an actor’s belief that certain facts exist and the belief, under the circumstances, is reasonable even though the belief may be erroneous.

(22m) “Room confinement” means the involuntary restriction of a youth in a room, or other area, excluding the confinement of a youth to such an area during normal sleeping hours or on observation status as defined in ch. DOC 375.

(23) “Secretary” means the secretary of the department of corrections or that person’s designee.

(24) “Staff” means a state employee or a person under contract with the department or the facility where a youth is housed.

(25) “Strip search” means a search in which a youth is required to remove or rearrange clothes. Permissible inspection includes examination of the youth’s body and clothing and visual inspection of the mouth, breast, buttocks, or genitalia.

(26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

(27) “Supervisor” means staff designated by the superintendent to perform supervisory functions under this chapter.

(28) “Trauma-informed care” means staff providing care to youth by understanding how traumatic events may impact a person to better support and assist them.

(28m) “Visual monitoring” means staff directly observing youth at staggered intervals not to exceed 30 minutes, in order to prevent the possibility of harm emanating from a variety of sources.

(29) “Youth” means a person or persons supervised by the department in a facility consistent with the requirements of law and regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. (2), (3), am. (4), cr. (4m), am. (5), r. (6), am. (7), cr. (8m), r. and recr. (10), am. (13), cr. (13m), r. (15), (16), am .(17), (19), r. (20), am. (21), cr. (21m), am. (22), cr. (22m), am. (24), (25), r. and recr. (28), cr. (28m), am. (29) Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.04 Administrative confinement {#sec-doc-376.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.04}

(1) In this section, “administrative confinement” means a form of room confinement, which includes the involuntary nonpunitive restriction of a youth locked alone in a room or other area because the youth poses a serious risk of imminent physical harm to others.

(2) The facility shall designate on-site supervisory staff who may initiate administrative confinement and remove youth from administrative confinement.

(3) Psychology staff shall be notified as soon as possible, and no later than 2 hours after a youth’s placement in administrative confinement.

(4) Any youth placed in administrative confinement for whom there is not already a mental health evaluation must have such an evaluation as soon as possible within 24 hours.

(5) Placements in administrative confinement will be reviewed by a psychology staff member as soon as possible within the initial 4-hour placement to determine whether that placement is a contraindication to the youth’s mental health or if other options will adequately protect the youth or staff.

(6) Staff shall engage in crisis intervention techniques designed to return the youth to the general population as soon as possible.

(7) If at any point a youth no longer poses a risk of imminent physical harm, the youth must be immediately removed from administrative confinement.

(8) Time in an administrative confinement placement may not exceed 4 hours except under the conditions of sub. (9).

(9) One 4-hour extension to an administrative confinement placement, and one additional 4-hour extension thereafter, for a total of up to 12 hours, may occur under all of the following conditions:

(a) The superintendent determines, following review of the psychology staff’s recommendation, that continued confinement is necessary due to the youth continuing to pose a risk of imminent physical harm to others.

(b) A plan is commenced to either promptly return the youth to the general population or transfer the youth to another facility.

(10) Administrative confinement time limits may be tolled from 8 p.m. to 8 a.m.

(11) Administrative confinement may only be extended beyond 24 hours, including tolled time, to effectuate transfer of a youth to another facility under a commenced plan.

(12) Any youth placed in administrative confinement for any period in excess of 24 hours, including tolled time, shall receive daily services by psychology staff.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.045 Conditions of room confinement {#sec-doc-376.045 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.045}

(1) Punitive room confinement is prohibited.

(2) Any room used for room confinement shall be suicide resistant and protrusion free to reduce self-harm.

(3) Staff shall visually monitor youth in confinement. Visual monitoring shall be documented by staff.

(4) Youth shall spend a minimum of 30 hours per week and no less than 3 hours per day out of their assigned room, with time spent in the general population counted toward those hours.

(5) Youth shall have additional time out of their room to engage in gross motor exercise, social interaction and sensory stimulation activities unless a determination is made by a supervisor that the youth poses an immediate and substantial risk of physical harm to self or others.

(6) Youth shall have prompt access to water, toilet facilities, and hygiene supplies, either in their rooms or upon request to a staff member via any readily available communication method within 15 minutes of the request.

(7) Youth shall have property items similar to or the same as items allowed in the general population unless restricted as needed for safety of the youth or staff on a case-by-case basis. Any restriction shall only be temporary until the restricted items can be safely returned. A supervisor shall review any property restrictions on a daily basis and document the review.

(8) Youth shall have the ability to attend all regularly scheduled appointments with a social worker, psychology staff, and other health services unless it is determined by the superintendent following review of the psychology staff’s recommendation that the youth continues to present immediate and substantial risk of physical harm to others.

(9) Youth shall eat their meals out of their room unless a supervisor determines the youth presents an immediate and substantial risk of physical harm to others. If a youth is served their meal in-room a supervisor will document the occurrence including a justification for authorizing the meal in-room.

(10) Youth shall continue to receive any treatment programming they would regularly attend unless a determination is made by the superintendent following review of the psychology staff’s recommendation that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting group dynamics. Treatment services may be delivered one-on-one if the youth’s assigned social worker determines this to be in the best interest of the youth. The reasoning for the determination and the manner in which the treatment is provided shall be documented in the youth’s treatment record.

(11) Youth shall receive educational services with the general population except if a determination is made by staff that the youth presents an immediate and substantial risk of physical harm to others or an unreasonable risk of significantly disrupting class instruction. When this determination is made, staff shall develop an alternative education plan within 24 hours including addressing any applicable special education services for youth.

(12) Youth must have access to any needed mental health treatment while in room confinement.

(13) Within 15 minutes of a youth’s placement in room confinement, staff shall orally inform the youth of their rights regarding grievances and appeals as specified in ch. DOC 380. Within one hour of a youth’s placement in room confinement, facility staff shall provide the youth with written notice of their rights regarding grievances and appeals.

(14) Staff shall create a written report, after room confinement of a youth is completed, documenting the necessity of room confinement, the less restrictive measures attempted to avoid room confinement, and the length of time the youth spent in room confinement. The youth shall be provided a copy of the report immediately upon completion of the report.

History

CR 24-003: cr. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.05 Monitoring youth {#sec-doc-376.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.05}

(1) Youth at the facility shall be monitored with the use of video and audio supervision.

(2) Visual monitoring of youth shall occur at staggered intervals not to exceed 30 minutes.

(3) Video and audio supervision may include cameras, body cameras, intercoms, microphones, telephone monitoring, or other electronic recording and surveillance devices.

(4) Information obtained by video or audio supervision or both may be used by the department or law enforcement for purposes that include administrative actions, discipline, program direction, investigations under the Prison Rape Elimination Act, 42 USC 15601, et. Seq. and the standards issued thereunder, 28 CFR part 115, and criminal prosecutions.

(5) Video or audio supervision or both may not be used during private youth and psychology sessions unless informed consent is given by the youth.

(6) Video or audio supervision or both may not be used to interfere with or compromise privileged communications between a youth and their attorney.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.06 Youth count {#sec-doc-376.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.06}

The superintendent shall establish and maintain a system for accurately accounting for the whereabouts of all youth at all times. The system shall interfere as little as practical with school, work, program and recreational activities. The system shall be described in writing. All facility staff shall be familiar with the system.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, 3-1-25.

Wis. Admin. Code § DOC 376.07 Use of force {#sec-doc-376.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.07}

(1) The superintendent shall enact policies and procedures related to the use of physical force based on juvenile-focused best practices, including a physical force intervention training that is consistent with the provisions of this section.

(2) Corporal punishment of youth is not permitted under any circumstances.

(3) Only the minimum force that is reasonably necessary to achieve a proper objective may be used. Excessive force shall not be used.

(4) Staff may use physical force only if the individual staff member using force reasonably believes that it is immediately necessary to accomplish one of the following purposes:

(a) To prevent a youth who poses an imminent and substantial risk of physical harm from harming themselves or others.

(b) To regain control of all or part of a facility during a disturbance as defined in s. DOC 376.20 (1) or an emergency as defined in s. DOC 376.21 (1).

(5) After the use of physical force, the youth who were involved shall be checked for injury and provided appropriate medical services. Staff shall submit a written report to the superintendent regarding any medical services provided.

(6) If physical force is used, each staff member involved shall submit a separate written report regarding the incident to the superintendent.

(7) All facility staff shall be trained in de-escalation practices at least annually.

(8) Staff may use the physical force necessary to prevent death or great bodily harm.

(9) Youth may not use physical force at any time.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.08 Use of chemical agents {#sec-doc-376.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.08}

The use of oleoresin capsicum and other chemical agents is prohibited.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.09 Mechanical restraints {#sec-doc-376.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.09}

Mechanical restraints, including handcuffs, may only be used if staff determine that they are the least restrictive means of addressing an imminent threat of physical harm to self or others and must be removed immediately when the threat of harm or safety concern has abated. The use of mechanical restraints shall be consistent with the provisions of this section and subject to all of the following:

(1) Under all circumstances, there is a presumption that youth shall not be mechanically restrained.

(2) No mechanical restraint device other than handcuffs may be used on youth while they are in the facility except under any of the following conditions:

(a) When ordered by psychology staff to attempt to prevent active self-harm.

(b) If the youth poses an immediate and substantial threat of physical harm to others.

(c) During transportation additional restraints such as waist chains or leg restraints may be used when necessary to prevent an imminent threat of harm to youth or others.

(3) Mechanical restraints shall never be used for punishment or discipline.

(4) Youth may never be restrained to a fixed object unless specifically ordered by a qualified mental health professional to attempt to prevent active self-harm.

(5) Only staff trained in the use of physical force, mechanical restraints, and de-escalation techniques may place a youth in mechanical restraints.

(6) Mechanical restraints may be used during transportation when there is a documented reason to prevent an imminent threat of physical harm to others.

(7) When youth are being transported for release to a nonlocked environment, restraints may not be used unless to prevent a threat of harm to youth or staff or both.

(8) Any use of mechanical restraints, except during transportation or authorized by psychology staff, shall be authorized by a supervisor.

(9) A staff person shall be assigned to monitor a youth who is placed in mechanical restraints and shall remain in continuous auditory and visual contact with the youth. Observations of the youth’s behavior and any staff interventions shall be documented at least every 45 minutes, with the actual time of the observation or intervention recorded.

(10) Facility staff must document all uses of restraints in the facility, including a description of the events leading up to the use of restraints, the less restrictive alternatives attempted, and the length of time the youth spent in restraints.

(11) Mechanical restraints in excess of 45 minutes may be used only if all of the following apply:

(a) The use is approved by the superintendent, safety director or designee.

(b) The use is approved by psychology staff.

(12) When psychology staff approves additional 45 minutes of mechanical restraint use, as soon as possible and no later than 2 hours following this approval, psychology staff shall evaluate the youth and provide therapeutic interventions to the youth as needed.

(13) Full body restraints may be used only for the following reasons with authorization from the superintendent in consultation with psychology staff:

(a) To protect a youth who poses an immediate threat of physical injury to self unless placed in full body restraints.

(b) To protect a youth in a health emergency that requires full body restraints.

(c) To protect staff, youth or other persons from a youth who poses an immediate risk of physical injury to others unless placed in full body restraints.

(14) When staff place a youth in full body restraints under sub. (13) (a) to (c), all of the following apply:

(a) The shift supervisor shall be present and shall notify the superintendent, a health services professional and the psychologist on call.

(b) A minimum of 3 staff shall be present when the youth is placed in full body restraints.

(d) A staff psychologist or psychiatrist shall arrange for an on-site evaluation within 2 hours after the application of full body restraints.

(e) The psychologist or psychiatrist shall recommend to the superintendent whether the youth should remain in full body restraints and what actions should be taken to protect the youth.

(f) A health services professional shall conduct a physical examination as soon as possible, but not later than one hour after application of full body restraints. A physical examination shall be conducted every 4 hours thereafter by a health services professional.

(g) Staff shall directly and continuously observe a youth immobilized in full body restraints.

(h) Youth may be partially released from full body restraints if it is safe to do so to perform bodily functions and for meals. Three staff members, one of whom shall be a supervisor, shall be present before and during the release.

(i) The youth shall be released immediately if it becomes apparent that full body restraints present a medical risk to the youth.

(15) Facility staff must document all uses of full body restraints in the facility, including a description of the events leading up to the use of full body restraints, the less restrictive alternatives attempted, and the length of time the youth spent in full body restraints. Staff shall also document:

(a) The name of the staff making the observation and comments on the youth’s condition and behavior while in full body restraints.

(b) The dates and times that the youth was observed by clinical staff, a health services professional or a licensed psychologist or psychiatrist, the recommendations made by those persons and whether staff implemented the recommendations.

(16) The superintendent may authorize partial or complete release from full body restraints at any time.

(17) No youth may be immobilized in full body restraints for longer than 12 hours, unless the youth is examined by a psychologist, psychiatrist or the crisis intervention worker, who shall make a written recommendation to the superintendent as to whether the youth should continue to remain in full body restraints. An examination by a psychologist, psychiatrist or crisis intervention leader shall occur thereafter at least every 12 hours that a youth is in full body restraints. The superintendent may authorize the use of restraints for more than 12 hours. The superintendent shall notify the administrator of the decision to continue the use of full body restraints beyond 12 hours and every 12 hours thereafter.

(18) Staff shall initiate a transfer to a mental health facility under s. 51.35 (3), Stats., if appropriate. Staff shall not retain a youth in full body restraints under sub. (13) (a) to (c) for more than 24 hours, unless a transfer to a mental health facility has been initiated by the facility.

(19) A monthly report concerning each incident involving the use of full body restraints shall be submitted by the superintendent to the administrator.

(20) Facilities shall maintain a supply of commercially manufactured mechanical restraints approved by the department. The mechanical restraints shall be periodically examined and any excessively worn or defective mechanical restraints shall be removed from the supply and destroyed.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00 ; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25; correction in (18), (20) made under s. 35.17, Stats., Register February 2025 No. 830.

Wis. Admin. Code § DOC 376.10 Escapes {#sec-doc-376.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.10}

(1) Plan. The facility shall have a written plan approved by the superintendent to be implemented in the event an escape occurs or is attempted. The plan shall be updated annually and shall be filed with the administrator. The plan shall provide for all of the following:

(a) Reporting the escape to the superintendent and the administrator.

(b) Staff communication.

(d) Notification to the community, consistent with s. 938.51 (1r), Stats.

Note: There is no statutory requirement for notification to the community in the event of escape.

(e) Pursuit of the escapee.

(f) An immediate count of all youth.

(g) A search of the facility and grounds.

(h) An investigation into the background, mail and visitors list of the escaped youth.

(i) An accessible list of the names, addresses and phone numbers of off-duty staff members.

(j) The operation of essential posts.

(k) Securing tools and any implement that may be fashioned into a weapon.

(L) Victim notification, if requested under s. 938.51 (4), Stats.

(m) The preservation of any evidence relevant to the escape and the chain of evidence.

(n) The repair of any facilities damaged in the escape.

(o) The responsibility of staff after an escape.

(p) Notification of the administrator and law enforcement agencies of the apprehension of an escapee.

(2) Reports. Reports of escapes required under sub. (1) (a) shall include:

(a) Date, time and location when the youth was last seen.

(b) The method of escape.

(d) A description of the escapee, including clothing worn.

(e) Action taken by the facility, including procedures initiated.

(f) A brief evaluation of the factors which may have contributed to the escape.

(g) The identification of persons who may have information about the escape.

(3) Hostages. When a youth takes the superintendent or any staff hostage, the hostage shall have no authority to order any action or inaction by staff.

(4) Pursuit. Any pursuit of an escaped youth by staff shall be done in cooperation with local law enforcement authorities. Until local law enforcement authorities are able to supervise pursuit, staff shall conduct the pursuit under supervision of the superintendent.

(5) Off-duty staff. In the event of an escape, the superintendent may order any off-duty staff to work.

(6) Vehicles. The superintendent may authorize staff to use their own vehicles to pursue an escaped youth if state-owned vehicles are unavailable.

(7) Criminal convictions. A youth who is in a facility because of an adult criminal court conviction who escapes from a facility shall be treated as an adult in regard to confidentiality of information.

(8) Public information release. After 12 hours, the department may release information to the public if permitted under s. 938.78 (3), Stats., for youth adjudicated for certain criminal offenses. The information may include the youth’s name, age, physical description, including clothing, the date and time of the escape and the facility where the escape occurred.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (L) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; CR 24-003: am. (1) (intro.), (g), (2) (e), (7), (8) Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.11 Search of facility grounds {#sec-doc-376.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.11}

Staff may conduct a search of any area within the buildings or grounds of a facility at any time. There is no requirement that evidence exists that contraband is concealed on facility grounds before such a search is conducted. Upon completion of the search, staff shall complete a facility incident report describing the search including any discovery of contraband.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.12 Search of youth living quarters {#sec-doc-376.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.12}

(1) Whenever staff conduct a search of a youth’s living quarters, staff in charge of the living unit at the time of the search or the staff who conducted the search shall write a report that includes all of the following:

(a) The identity of the staff who conducted the search and the supervisor who approved it.

(b) The date and time of the search.

(d) The reason for conducting the search. If the search was a random search, the report shall state that it was a random search.

(e) Any objects that were seized pursuant to the search.

(f) Whether any damage was done to the premises during the search.

(2) If property was seized or damaged pursuant to the search of a youth’s living quarters, staff shall inform the youth in writing. The facility shall pay for the cost of repair of personal property that is not contraband. In the alternative, and at the discretion of the superintendent, damaged personal property that is not contraband shall be replaced or the youth shall receive the fair market value of the property at the time it was damaged.

(3) In conducting searches, staff shall disturb the effects of youth as little as possible, consistent with thoroughness.

(4) Staff shall not read materials that they know or have reason to believe are legal materials.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00 ; CR 24-003: am. (2), (4) Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.13 Search of youth {#sec-doc-376.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.13}

(1) The following categories of youth searches may be conducted as follows:

(a) Personal search. Staff may conduct a personal search of a youth under any of the following circumstances:

At the direction of a supervisor.
If staff have a reasonable belief that the youth possesses contraband.
Before a youth enters or leaves the security enclosure of a facility.
Before and after a youth has been with a visitor.
As part of a lockdown or a search of a housing unit under s. DOC 376.12 or facility under s. DOC 376.11.
When a youth is apprehended after an escape or an attempted escape.

(b) Body scan search. A body scan search of a youth may occur only if there is probable cause to believe that the individual youth possesses or has ingested contraband or other harmful materials that could not be discovered through less intrusive means. Body scan searches of youth are subject to all of the following:

A body scan search may only be conducted in a private location not in view of other youth or staff members not involved in the search.
Body scan searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical staff.
Body scan searches may not be conducted in view of others not directly involved in the search and must be conducted away from video recording.
Psychology staff shall be notified as soon as practicable when a youth has been body scan searched.
Body scan searches shall be documented by staff.

a. Images produced utilizing body scanner technology may be viewed only when necessary by supervisors, psychology staff, or the health services unit.

b. Images produced utilizing body scanner technology may not be stored on any external storage device or copied in any manner, unless authorized by the superintendent.

(c) Strip search. A strip search of a youth may occur only if there is probable cause to believe that the individual youth possesses contraband that could not be discovered through less intrusive means. Strip searches, when permitted, are subject to all of the following:

A strip search may only be conducted in a private location. No unintended individuals including youth and staff shall be able to view the search, including by video or audio recording.
Strip searches may only be conducted by a person of the same gender identity as the youth being searched unless the search is conducted by a medical professional.
Less intrusive search methods shall be attempted before a strip search is conducted, unless it is determined by psychology staff in consultation with the youth that less intrusive searches, which may include physical contact, would cause greater trauma to the youth.
Strip searches may only be conducted by staff trained in trauma-informed care in accordance with facility policy.
Psychology staff shall be consulted prior to a strip search.
Strip searches shall be documented by staff.

(d) Body contents search. Only staff assigned by the superintendent may obtain samples as part of a body contents search. Staff of the same gender identity as the youth being searched shall collect urine specimens. Trained staff may conduct breath specimen tests. Assigned staff may conduct a body contents search under any of the following circumstances, and only after approval by the superintendent:

For security reasons.
For program reasons.
For investigation purposes if one or more staff, from direct observation or reliable sources, have a reasonable belief that a youth has used, possesses, or is under the influence of intoxicating substances.
As part of a random testing program.
As required by a court for DNA analysis under s. 973.047, Stats., or any other biological specimen analysis.

(2) Staff shall preserve the dignity of youth to the extent reasonably possible in all searches conducted under this section and are required to conduct all searches utilizing trauma-informed care.

(3) Before a search is conducted pursuant to this section, a youth shall be informed that a search is about to occur and of the nature of the search and the location where the search is to occur.

(4) Results of searches, and any contraband or test results obtained under sub. (1), may be retained as evidence for consideration in response to addressing noncompliant behaviors.

(5) All searches conducted under sub. (1) shall be documented by staff and include all of the following:

(a) The identity of the staff member who conducted the search.

(b) The date and time of the search.

(d) The reason for the search. If the search was a random search the report shall so state.

(e) Any objects seized pursuant to the search.

(f) The identity of all staff present when the search was conducted.

(g) When a body scan search is conducted, the documentation shall assert how the limitations and requirements in sub. (1) (b) are met.

(h) When a strip search is conducted, the documentation shall assert how the limitations and requirements in sub. (1) (c) are met.

(6) Contraband seized as the result of any search under sub. (1) shall be disposed of in accordance with s. DOC 376.17. All contraband seized shall be documented by staff along with searches required by sub. (1) and include the place and time contraband was seized and the identity of the person possessing the contraband. If the contraband was not found in possession of a person, the report shall state that fact.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.14 Search of visitors {#sec-doc-376.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.14}

(1) Before a visitor is permitted in a facility, staff responsible for the admission of visitors shall be satisfied that the visitor is not carrying an unauthorized object into the facility.

(2) Each facility shall have information readily available to visitors informing them of the objects they may carry into the facility. Each facility shall have a place for the safekeeping of objects that may not be carried into the facility and shall permit visitors to store objects in these places.

(3) Before admitting a visitor, staff responsible for admission of visitors may request visitors to empty pockets and containers, permit the inspection of containers or submit themselves and objects they carry into the facility to inspection by a device designed to detect metal or unauthorized objects.

(4) Before admitting a visitor, staff responsible for admission of visitors may request a visitor to submit to a personal search, which the superintendent and the administrator must authorize, if there is a reasonable belief the visitor is concealing an unauthorized object.

(5) Before an inspection or search is conducted pursuant to sub. (3) or (4), the visitor shall be informed orally and in writing, either by a sign posted in a prominent place or on a notice, that the visitor need not permit the inspection or search and that if the visitor does not give permission, the visitor shall not be admitted to the facility.

(6) If staff find an unauthorized object under sub. (3) or (4), the visitor may be denied entry to the facility and visiting privileges may be suspended.

(7) If a visitor is denied entry to a facility for refusal to permit a search or if a search is conducted of a visitor under sub. (4), the staff involved shall submit a written report to the superintendent that states all of the following:

(a) The identity of all staff involved and the person who approved the search.

(b) The identity of the visitor and the youth being visited.

(d) The reason for the request to permit a search, including the basis for the belief that unauthorized objects were concealed by the visitor.

(e) Whether unauthorized objects were seized pursuant to the search and a description of the objects.

(f) Any involvement of the sheriff or local law enforcement.

(8) If an unauthorized object is found pursuant to a search of a visitor, the superintendent shall dispose of the object consistent with s. DOC 376.17.

(9) Staff shall conduct all inspections and searches in a courteous manner and shall strive to protect the dignity of visitors who are inspected or searched.

(10) If the facility finds an unauthorized object pursuant to the search under this section, and it is illegal to conceal or possess the object, the superintendent shall inform a law enforcement agency and turn the object over to the law enforcement agency for referral to the district attorney and deny the visit. If the facility determines that the visitor appears to be under the influence of an intoxicating substance, the superintendent shall deny the visit and may inform a law enforcement agency.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. (1) to (3), renum. (4) (a) to (4) and am., r. (4) (b), am. (5), (6), (7) (intro.), cr. (10) Register February 2025 No. 830, eff. 3-1-25; correction in (5) made under s. 35.17, Stats., Register February 2025 No. 830.

Wis. Admin. Code § DOC 376.15 Search of staff {#sec-doc-376.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.15}

(1) Each facility shall give staff written notice of the objects that they may not carry into or out of the facility.

(2) The superintendent may require that staff regularly submit to a personal search before they enter or leave a facility. As part of the personal search, the superintendent may require staff to submit themselves and objects they carry into or out of the facility to inspection by a device designed to detect metal or unauthorized objects.

(3) The superintendent may require that staff vehicles and personal possessions be searched while on facility grounds. Staff who refuse to submit to a search shall not be admitted to the facility and may be subject to disciplinary action.

(4) If an unauthorized object is found pursuant to a search conducted under this section, the superintendent shall dispose of the object consistent with s. DOC 376.17.

(5) All searches shall be conducted in a courteous manner. Staff shall strive to protect the dignity of staff who are searched.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.16 Factors to consider to determine if a search is necessary {#sec-doc-376.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.16}

Prior to searching a visitor, a youth or other staff, staff shall determine that reasonable grounds or probable cause exists to believe the person being searched possesses contraband. Staff shall consider all of the following factors.

(1) The reliability of information provided by an informant indicating the existence of contraband by assessing whether the information is detailed, consistent and corroborated.

(2) The reliability of an informant by considering whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information.

(3) The activity of a visitor, youth or staff that relates to whether the person to be searched might carry contraband.

(4) The information provided by the person who may be searched which is relevant to whether the person possesses contraband.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 376.17 Seizure and disposal of contraband {#sec-doc-376.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.17}

(1) Staff who reasonably believe that an item is contraband may seize the item. Items seized shall be sent to the superintendent and documented in accordance with s. DOC 376.13 (6). Items that are not contraband shall be returned to the owner consistent with facility policy and procedure. Contraband shall be returned to the owner, given to the appropriate law enforcement agency or disposed of in accordance with this section.

(3) Disposal of contraband shall be accomplished in one of the following ways:

(a) Except as otherwise provided in this subsection, if the owner can be determined, the superintendent may direct that the contraband be returned to the owner.

(b) Contraband that is unlawful to possess under state or federal law shall be given to the appropriate law enforcement agency.

(c) Intoxicating substances shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

(d) Weapons shall be given to the sheriff or a local law enforcement agency or destroyed at the direction of the superintendent.

(e) Currency, checks, and other negotiable instruments shall be returned to the owner unless the owner is determined to be a youth, in which case, these items shall be held in the youth’s account. If the owner cannot be determined, currency shall be placed in the state’s general fund. Checks and other negotiable instruments shall be given to the appropriate law enforcement agency.

(g) Other property, whose ownership is unknown, shall be sold through the department’s purchasing office and proceeds of the sale shall be placed in the state’s general fund.

(h) If it is determined that a youth is the owner of contraband that is lawful to possess, other than currency, but return of the contraband is inconsistent with the department’s rules or the facility’s policies and procedures, the superintendent shall do one of the following:

Give the contraband to the sheriff or a local law enforcement agency.
Store the contraband in the facility until the youth is discharged or otherwise released from the facility.
Deliver the contraband by mail or commercial carrier to a person on the youth’s visiting list at the expense of the youth.
Deliver the contraband to a person on the youth’s visiting list when the person visits the facility.
Destroy the contraband, consistent with facility policy and procedure.

(4) A youth who is the owner of property under sub. (3) shall receive notice of the proposed disposition of the property at least 3 days prior to the disposition. The youth may appeal the decision by filing a complaint under ch. DOC 380. The property shall not be disposed of until the complaint is resolved.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003:. am. (1), r. (2), am. (3) (a), (b), (e), r. (3) (f), am. (3) (g), (h) (intro.), 2., 4., 5. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.18 Incident review process {#sec-doc-376.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.18}

Committee review of incidents involving the use of physical force, room confinement, mechanical restraints applied for more than 45 minutes, and any strip searches shall be consistent with all of the following:

(1) The review committee will include all staff directly involved in an incident, their supervisors, the case manager assigned to the youth, the psychology staff who are familiar with the youth, the facility director of security, the deputy superintendent, and the superintendent.

(2) Within 24 hours of the incident, all available members of the review committee shall meet to assess whether physical force, room confinement, or mechanical restraints were used appropriately, to discuss less restrictive alternative strategies that staff could have used, and to provide an opportunity for staff training or redirection or both if needed.

(3) If not all members of the review committee are available for the meeting within 24 hours of the incident, the full review committee shall meet or confer as soon as possible and no later than one week after the incident.

(4) The review committee shall also review all uses of strip searches weekly to ensure that any such searches were conducted only upon probable cause.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: r. and recr. Register February 2024 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.19 Lockdown {#sec-doc-376.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.19}

In the event of an extraordinary safety or security need, the superintendent may at any time lockdown a facility to investigate and control an imminent threat to the safety and security of staff and youth. The superintendent shall give the secretary and the administrator advance notice of any lockdown. If advance notice cannot be given, the superintendent shall notify the secretary and the administrator of a lockdown as soon as possible.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.20 Disturbance plan {#sec-doc-376.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.20}

(1) In this section, a disturbance means any of the following has occurred:

(a) A group disturbance.

(b) An incident.

(d) Two or more youth, acting in concert, refuse to comply with an order to return to living quarters or to go to a place.

(e) One or more youth incite or encourage one or more youth by words or acts to do any of the acts referred to in pars. (a) to (d).

(2) Each facility shall have a written plan, a copy of which shall be filed with the administrator, to control and stop a disturbance. The plan shall be prepared by the superintendent and shall be reviewed at least once a year.

(3) The purposes of the disturbance plan are:

(a) To ensure, as the highest priority, the safety and welfare of the general public, staff and youth.

(b) To protect property.

(d) To identify any person who participated in the disturbance, to address youth behavior in accordance with ch. DOC 373 and to provide relevant information to the sheriff or local law enforcement agency so that participants may be prosecuted.

(4) Staff who are taken hostage have no authority to order any action or inaction by staff.

(5) If a major disturbance occurs that prevents the normal functioning of the facility, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09 and 376.13, until the disturbance is ended and order is restored to the facility.

(6) A superintendent shall immediately notify the administrator of a disturbance.

(7) If a disturbance occurs and a person is injured or if it results in a suspension of the rules under sub. (5), the secretary may convene a disturbance review panel to investigate the disturbance. The panel shall be made up of persons selected in accordance with sub. (8). The panel shall have adequate staff to conduct a thorough investigation of the disturbance.

(8) A disturbance review panel shall consist of 5 persons selected as follows:

(a) Two members designated by the secretary, one of whom shall be a member of the public and one of whom shall be a member of the department staff who shall serve as chairperson.

(b) Two members designated by the administrator, one of whom shall be a member of the administrator’s central office staff and one of whom shall be a member of the public.

(c) One member to be designated by the superintendent of the facility where the incident occurred from the facility staff.

(9) A disturbance review panel shall submit a written report to the secretary that includes the facts relevant to the incident and states a conclusion as to whether the department’s rules were complied with.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 24-003: am. (1) (intro.), r. and recr. (1) (a) to (c), am. (2), (3) (c), (d), (5), (8) (c) Register February 2025 No. 830, eff. 3-1-25.

Wis. Admin. Code § DOC 376.21 Emergencies {#sec-doc-376.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 376.21}

(1) In this section, “emergency” means an immediate threat to the safety of the staff or youth of a facility, as determined by a superintendent, other than a disturbance as defined in s. DOC 376.20 (1). An emergency may include, but is not limited to:

(a) An epidemic or pandemic.

(b) A malfunctioning of facility systems including the water, electrical or telephone system.

(d) A bomb threat or explosion.

(e) An employee strike.

(f) A natural disaster.

(g) A civil disturbance.

(2) Each facility shall have a written plan, a copy of which shall be filed with the administrator, to be implemented in the event of an emergency.

(3) The purposes of the emergency plan shall be:

(a) To ensure as the highest priority, the safety and welfare of the general public, staff and youth.

(b) To protect property.

(d) To identify any person who contributed to the creation of an emergency and to provide this information to the sheriff or local law enforcement agency for prosecution.

(4) If an emergency occurs that prevents the normal functioning of the facility, the superintendent may suspend the administrative rules of the department that relate to the division, except ss. DOC 376.05 to 376.09, until the emergency is ended and order is restored to the facility.

(5) The superintendent shall provide immediate notification of an emergency to the administrator.

(6) If an emergency occurs, the secretary may convene a review panel to investigate the emergency. The panel shall be made up of persons selected in accordance with s. DOC 376.20 (8). The panel shall be provided with staff adequate to conduct a thorough investigation of the emergency.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (intro.) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; CR 24-003: am. (1) (intro.), (a), (b), (2), (3) (c), (4) Register February 2025 No. 830, eff. 3-1-25.

Chapter DOC 379 LIVING CONDITIONS FOR YOUTH IN TYPE 1 SECURED CORRECTIONAL FACILITIES

Wis. Admin. Code § DOC 379.01 Authority and purpose {#sec-doc-379.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.01}

This chapter is promulgated under the authority of ss. 227.11 (2) and 938.48 (16), Stats., to structure the resources available to youth to balance the need for public protection, youth accountability, youth skill-building and the provision of services to youth in a safe, humane and caring environment.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.02 Applicability {#sec-doc-379.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.02}

This chapter applies to the department and all youth who are under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.03 Definitions {#sec-doc-379.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.03}

In this chapter:

(1) “Activity group” means youth who participate in a group organized to promote educational, social, cultural or other lawful activities approved by the department.

(2) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(3) “Agent” means a person employed by the department or a county department to provide community supervision of a youth and authorized to make decisions regarding community supervision matters.

(4) “Close confinement” means restriction of a youth to the youth’s assigned room with a minimum of one hour of out-of-room time per day.

(5) “Close family member” means a youth’s natural, adoptive, step and foster parents, spouse, children, grandparents or siblings. A parent surrogate is within the definition of parent if investigation substantiates that a claimed surrogate did in fact act as a parent to the youth although the parent surrogate was not an adoptive, foster or stepparent.

(6) “Community supervision” means the corrective sanctions program under s. 938.533, Stats., aftercare under s. 938.34 (4n), Stats., the serious juvenile offender program under s. 938.538, Stats., and type 2 secured correctional facility supervision under s. 938.539 (2), Stats.

(7) “Contraband” means any of the following:

(a) Any item which subch. VI of ch. DOC 373 prohibits a youth from possessing.

(b) Any item which is not state property and is on the institution grounds, but not in the possession of any person or in an approved location.

(d) Any item that is not on a youth’s property list and is required to be.

(e) Any item of a type that is not allowed according to posted policies and procedures.

(f) Allowable items in excess of the quantity allowed according to policies and procedures.

(g) Items in the possession of a youth that do not belong to the youth, except for state property issued to the youth for personal use.

(h) Anything used as evidence in a disciplinary hearing that is deemed to be contraband by the hearing officer.

(8) “County department” means a county department under s. 938.02 (2g), Stats.

(9) “Department” means the department of corrections.

(10) “Gang” means a group of people that threatens, intimidates, coerces, or harasses other people or engages in activities that intentionally violate, or encourage the intentional violation of state or federal laws or regulations, municipal ordinances or institutional policies or procedures.

(11) “General account” means an account established to receive youth pay or allowances under s. 938.48 (13), Stats., pensions, disability payments, monetary gifts from family or any other payments to the youth from which disbursements may be made while the youth is under the supervision of the department.

(12) “Guardian” means the person named by the court having the duty and authority of guardianship.

(13) “Institution” means a type 1 secured correctional facility operated by the department.

(14) “Institution housing emergency” means any of the following:

(a) The number of youth exceeds the original design bed capacity of a specific institution.

(b) A portion of any institution’s original design bed capacity becomes unavailable for use as living quarters because of fire, storm or other damage, health-threatening contamination, staff unavailability beyond the control of the institution or a disturbance, with the result that the number of youth at a specific institution exceeds the available beds.

(15) “Mail” includes materials such as letters, other items of correspondence and packages processed through the United States postal service or courier including but not limited to United Parcel Service, Federal Express and Dunham Express, and letters and other items of correspondence processed within an institution.

(16) “Major penalty” means removal from general population under s. DOC 373.80 (3).

(17) “Modified confinement” means restriction of a youth to the youth’s assigned room with a minimum of 4 hours of out-of-room time per day.

(18) “No-contact visiting” means visitation during which no physical contact is permitted between a youth and a visitor.

(19) “Obscene material” means a writing, picture, sound recording or film, about which all of the following are true:

(a) The average person, applying contemporary community standards, would find it appeals to the prurient interest if taken as a whole.

(b) Under contemporary community standards, describes or shows sexual conduct in a patently offensive way.

(20) “Parent” has the meaning given in s. 938.02 (13), Stats.

(21) “Representative of the news media” means any person 18 years old or older who is a credentialed member of the press, including broadcast or print journalism, who visits an institution for the purpose of investigation and reporting.

(22) “Restitution” means payment owed by a youth to a victim, the court or the department pursuant to s. 938.34 (5) (a) or (8d), Stats.

(23) “Secretary” means the secretary of the department of corrections or that person’s designee.

(24) “Special events” means activities beyond regularly scheduled program events, including but not limited to, sporting events, guest speakers, concerts or recognition events.

(25) “Staff” means an employee of the institution, where a youth is housed.

(26) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

(27) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(28) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

(29) “Youth” means a person or persons supervised by the department in an institution consistent with the requirements of law, regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.04 Mail {#sec-doc-379.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.04}

(1) Policy. Communication fosters reintegration into the community and the maintenance of family ties. A youth may communicate with government offices, courts, approved family members and other persons concerned with the youth’s welfare as approved by the superintendent and consistent with program needs and the need to protect the public.

(2) Correspondence list. There shall be an approved correspondence list for each youth. The list shall include the name, date of birth, address, and relationship to the youth for all approved correspondents.

(b) Except as otherwise provided in this chapter, only individuals on a youth’s approved list will be permitted to correspond with the youth. To the extent compatible with program goals and institution needs, a youth shall be permitted to correspond with close family members. If the superintendent grants prior approval, other relatives, friends, or interested persons may also correspond with the youth.

(3) Incoming mail.

(a) Mail addressed to youth shall be promptly delivered, except as provided in this section.

(b) Incoming mail to a youth, except as provided in sub. (5), may be opened, read and inspected for contraband, if the youth consents in writing to receive mail through institution mail services. Contraband shall not be delivered and shall be returned to the sender, unless it is a violation of the laws of Wisconsin or the United States to possess the contraband, in which case, the contraband shall be disposed of as provided in s. DOC 376.17.

(c) If a youth does not consent under par. (b), the institution shall return incoming mail addressed to the youth to the post office unopened and marked “refused.”

(d) If a letter has no return address, it shall be opened, inspected and read to identify the sender and determine if the sender is on the approved correspondence list. If the sender cannot be identified, the mail will be disposed of consistent with institution procedures.

(e) If incoming mail is not given to the youth, the mail and a written notice stating why the mail was not delivered shall be promptly sent by the superintendent to the sender. The mail and written notice will not be sent if the sender is a youth or an adult under the supervision of or in the custody of the department. The youth to whom the letter was sent shall be given a written notice within 3 working days that the mail was not delivered, the reason for non-delivery and the identity of the sender.

(4) Outgoing mail.

(a) At least one letter per week may be sent at department expense. Additional mail may be sent at department expense as authorized by the superintendent. If a youth pays for the postage, additional letters may be sent by the youth.

(b) Outgoing mail from a youth, except as provided in sub. (5), may be opened, read and inspected for contraband, if the youth consents in writing to send mail through institution mail services. The contraband shall be disposed of as provided in s. DOC 376.17.

(c) If outgoing mail is not sent, the superintendent shall promptly send a notice to the youth stating why the letter was not sent. The letter will be disposed of consistent with institution procedures.

(5) Special correspondence. Staff may open and inspect, but not read mail received by youth from or sent by a youth to any of the persons listed below only in the presence of the youth. Staff shall inspect the document to determine if the mail contains contraband. Mail containing contraband shall be confiscated. This subsection applies to mail clearly identifiable as being from or to one or more of the following parties:

(a) The governor of Wisconsin.

(b) Members of the legislature.

(d) The secretary.

(e) Department staff acting within their official capacity.

(f) The attorney general of Wisconsin or an assistant attorney general of Wisconsin.

(g) The clerk or judge of any state or federal court.

(h) An investigative agency of the federal government.

(i) An attorney.

(6) Restrictions. Except as provided in sub. (5), the following restrictions apply to all youth correspondence:

(a) Incoming and outgoing mail may not be delivered if it does any of the following:

Threatens criminal activity.
Threatens or attempts blackmail or extortion.
Relates to sending contraband in or out of an institution or contains contraband.
Relates to plans to escape.
Relates to any gang activity.
Relates to activity that, if completed, would violate the laws of Wisconsin or of the United States or the administrative rules of the department.
Is in code.
Solicits gifts from a person other than a family member or a person on the visiting list.
Is obscene material.
Contains information that, if communicated, would create a danger of physical or mental harm to any person.
Relates to a contract that the youth is asked to enter into or seeks to enter into.

(b) Mail shall not be delivered to a youth or sent by a youth if the sender or recipient is not on the approved correspondence list for the youth. Mail to or from a person not on the approved correspondence list shall be returned to the sender or disposed of consistent with institution procedures.

(c) The department shall obtain written approval from the parents or guardian of a person under 18 years of age with whom a youth requests permission to correspond. If the parents or guardian approve, correspondence may be permitted. If the parents or guardian do not approve, permission to correspond shall be denied. A youth may not correspond with another youth in an institution.

(7) Record.

(a) The superintendent shall keep a record of any mail that is not delivered to the youth or mailed from the institution. It shall include the name of the youth, and the sender or recipient, the date, and the reason for non-delivery or failure to mail.

(b) A record of cash, incoming checks, money orders and any negotiable instruments shall be kept by the institution. The record shall include the name of the sender, name and identifying number of the receiving youth, the amount and date received.

(c) The institution shall maintain a record of items of personal property received through the mail as under s. DOC 379.10.

(8) Appeal. A youth may appeal a decision under this section within 10 days of receipt of the written notice to not deliver incoming or mail outgoing mail. The appeal shall be in writing to the superintendent.

(9) Violation. If a youth or a member of the public is alleged to have committed a violation under this section or institution policies and procedures, the superintendent may take disciplinary action under ch. DOC 373. If a violation occurred, the superintendent may suspend the youth’s mail privileges with the person involved in the violation for a specified period of time based upon the severity of the violation and the record of prior violations, if any. A youth may file a complaint under ch. DOC 380 regarding suspension of mail privileges under this subsection.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) (b) and (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

Wis. Admin. Code § DOC 379.05 Publications {#sec-doc-379.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.05}

(1) Youth are permitted and encouraged to read. Reading fosters correctional objectives by educating youth and keeping them informed of events and issues in the community. The department shall facilitate youth reading of publications, including books, magazines, newspapers and pamphlets consistent with correctional objectives and youth program objectives.

(2) The superintendent may create an approved list for youth subscriptions that shall be made available to all youth. A youth may request that the superintendent add publications to the approved list. Youth shall not receive publications that are not on the approved list. Youth must receive publications directly from the publisher and the youth must have sufficient resources to pay for the publications.

(3) Youth may not possess, receive or read publications that do any of the following:

(a) Teach or advocate violence or hatred.

(b) Present a danger to institution security and order.

(d) Teach or describe the manufacture or use of weapons, explosives, drugs or intoxicating substances.

(e) Meet the definition of obscene material.

(f) Teach or describe the manufacture or use of a device that creates a substantial danger of physical harm to self or others.

(4) If a publication is not delivered under sub. (2) or (3), the superintendent shall notify the youth within 3 working days that the publication will not be delivered and the reason it will not be delivered. The youth may file a complaint under ch. DOC 380 regarding the failure to deliver a publication under this section.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.06 News media access to youth {#sec-doc-379.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.06}

(1) It is the policy of the department to permit visits to correctional institutions by representatives of the news media. Visits and interviews by representatives of the news media with staff and youth can foster the public’s understanding of the qualities, problems and needs of youth and institutions. That understanding helps to develop community acceptance and support of correctional objectives which enhances the achievement of those objectives, including reintegration into the community.

(2) If a representative of the news media requests an opportunity to interview a youth, the superintendent may permit the interview consistent with institution needs and program needs of the youth. The superintendent shall obtain parental or guardian approval for a youth under the age of 18 before the interview. An interview may be refused if any of the following occur:

(a) The superintendent determines that an interview will jeopardize or be detrimental to the safety or order of the institution or the welfare or program of a youth.

(b) The clinical services supervisor believes that the youth has emotional problems which are likely to be exacerbated by an interview or believes the youth is mentally ill.

(d) The youth refuses to be interviewed.

(e) The parents of a youth under the age of 18 years object to the interview.

(f) The welfare of the victim, the victim’s family or the community would be jeopardized.

(3) Representatives of the news media may not photograph any youth in a manner that would reveal the identity of the youth.

(4) All visits and interviews conducted under this section are subject to specific policies and procedures of the superintendent as to time, location, length, staff presence and the equipment used. The superintendent may terminate an interview consistent with this chapter at any time.

(5) All representatives of the news media who are granted interviews under this section shall sign a prior written agreement not to reveal the identity of any youth or to disclose information that would lead to the youth’s identity.

(6) A superintendent may permit anonymous interviews of a youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.07 Visitation {#sec-doc-379.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.07}

(1) Policy. The department shall administer a visiting program that regulates visitation of youth by family members and other persons consistent with program goals and resources available, the department’s responsibility for the secure and orderly operation of institutions, public safety and the protection of visitors, staff and youth.

(2) Visiting list.

(a) There shall be an approved visitor list for each youth. A youth’s approved visitors list shall show the name, date of birth, address and relationship to the youth of all approved visitors.

(b) Except as otherwise provided in this chapter, only visitors on a youth’s approved list will be permitted to visit the youth. To the extent compatible with program goals and institution needs, a youth shall be permitted to receive visits from close family members. If the superintendent grants prior approval, other relatives, friends, or interested persons may also visit.

(c) Children of the youth and children of approved visitors who have not attained their 18th birthday may visit. Children of the youth and approved visitors may not visit unless they have the written approval of a non-incarcerated custodial parent or guardian or a court order directing the visit. The names of children must appear on the approved visitors’ list. Approved children may visit if accompanied by an approved adult, subject to exceptions that may be granted by the superintendent.

(d) All of the following procedures apply to proposed visitors:

A youth or proposed visitor may submit a written request to the superintendent asking that the proposed visitor be added to the list.
If additional information is required from a proposed visitor, staff shall send a questionnaire to a proposed visitor for completion and return to the institution. If the questionnaire is not returned, the request may not be approved.
If additional information is required from a youth, staff shall request the information from the youth. If the youth fails to provide the needed information, the request may not be approved.
A copy of the visiting rules shall be sent to each person on the approved visitors’ list.
The superintendent may request a field investigation if further information is necessary.

(e) The superintendent may deny the addition of a person to the approved visitor’s list or remove a person from the approved visitors’ list based on any of the following:

The requesting youth provided false or incorrect information or knowingly provided incomplete information.
The proposed visitor provided false or incorrect information or knowingly provided incomplete information.
There is no signed and dated approval of a non-incarcerated custodial parent or guardian for a proposed visitor less than 18 years of age.
There are reasonable grounds to believe that the visitor has attempted to bring contraband into any correctional institution.
There are reasonable grounds to believe the visitor poses a threat to the safety and security of visitors, staff, youth or the institution.
There are reasonable grounds to believe that the youth’s reintegration into the community or rehabilitation would be hindered.
There is a court order prohibiting a visit.
There are reasonable grounds to believe that the youth may victimize the proposed visitor or the proposed visitor may victimize the youth.
The proposed visitor has been arrested, incarcerated or under correctional supervision within the previous 12 months. Exceptions may be made for close family members under sub. (7).
A visitor was approved by mistake or based on inadequate or incorrect information.
The proposed visitor is a current or former employee of the department or a person who provided services to the department within the past 12 months and the proposed visitor has violated the department’s policy regarding fraternization.

(f) The superintendent shall also determine, every 60 days, whether visits shall be no-contact visits, based on institution security or any of the following:

The visitor has violated department rules or institution policies and procedures relating to visiting at any institution operated by the department.
The visitor introduced contraband into any correctional institution, engaged in behavior that threatened the security of any correctional institution or interfered with the rights of others at any correctional institution.
The youth has been found guilty of a violation of department rules or institution policies and procedures relating to visiting.
The youth has violated s. DOC 373.46 relating to intoxicants and drug paraphernalia.
The youth is in close or modified confinement because of a major penalty.

(g) Consistent with available resources and program goals, an institution may place a reasonable limit on the number of persons on a youth’s visitors’ list. Youth shall retain visitors on the visitors’ list for a minimum of 90 days from the date of approval, unless the superintendent waives this provision for cause.

(h) If a person is disapproved by the superintendent for visiting or approved for no contact visiting only, the youth and the person shall be informed of the reasons for the action in writing. A youth may appeal the decision using the complaint procedure in ch. DOC 380. The disapproved person may appeal the decision in writing to the superintendent who shall issue a decision within 15 days of receipt of the appeal and send a copy of the decision to the youth and the disapproved person.

(i) A youth may submit a written request to the superintendent for visits by family members not on the approved visitors list. The superintendent may permit occasional visits by family members not on the approved visiting list and may require notification from the family members in advance of the visits.

(3) Regulation of visits.

(a) Each institution shall develop written policies and procedures relating to youth in the general population concerning all of the following:

The time for visits.
Weekday, weekend and night visits.
The duration of visits.
The number or frequency of visits.
The number of visitors permitted on each visit.
Immediate termination of a visit for a violation of laws of the United States or of the state of Wisconsin, department rules or institution policies and procedures.
Items which may be brought into the institution during a visit.
The place of visits.
No-contact visiting.

(b) Institutions may require visitors of any age to provide picture identification or other identification before permitting the visit.

(c) Each institution shall develop written policies and procedures which may limit visitation for youth in major penalty status by issuing restrictions concerning specific visitors, visitors under the age of 18 years, number of visitors, and the hours for and the location of visits. Each institution shall permit a youth in a major penalty status to visit at least 1 hour per week.

(d) Each institution shall provide visiting access on weekends and some weekdays and evenings consistent with scheduled activities and available resources.

(e) Each institution shall permit a youth in the general institution population to have visits at least six hours per week in visits of such duration as the institution specifies under par. (a).

(f) Specific policies adopted under this section may include requirements necessary to manage the visiting population within the physical space and staff limitations of each institution.

(4) Visits to youth on control status or observation status. Visits to youth on control status under s. DOC 373.82 (2) or observation status under ch. DOC 375 require the approval of the superintendent.

(5) Special visits.

(a) Public officials and members of private or public organizations who provide services to youth may visit with the approval of the superintendent. Prior arrangements for the visits shall be made with the superintendent to minimize interference with normal operations and activities. The superintendent may limit the number of visitors, visits and the duration of visits and restrict visitors to certain areas of the institution for security reasons.

(b) Attorneys, attorney assistants, approved law students and legal interns shall be permitted to visit their clients to provide professional services with the approval of the superintendent, consistent with institution security. The visits shall not count against the allowable number or hours of visits for a youth.

(6) No contact visiting. The superintendent may impose no-contact visiting in response to an initial application to visit or upon subsequent review of the visiting status of a youth or visitor, consistent with sub. (2) (f).

(7) Inter-institution visits by family members. The superintendent may approve visits between a youth and the youth’s spouse, and between parents and children who are confined in a prison or another type 1 secured correctional facility within the state of Wisconsin. The criteria for approval are the same as for other visitors under this section.

(8) Contact during visits.

(a) Visitors are required to obey the laws of the United States and the state of Wisconsin, the department’s rules and policies and procedures of the institution relating to visiting.

(b) Only physical contact approved by the superintendent is permitted.

(9) Suspension or termination of visiting privileges.

(a) The superintendent may suspend or terminate visiting privileges for a violation of the laws of the United States or the state of Wisconsin, the department’s rules or those institution policies and procedures of which a youth or visitor had actual or constructive notice, consistent with s. DOC 373.65 (3) (a) and (b), subject to the following:

The visitor and youth shall be informed in writing of the suspension or termination and the reasons for the action within 5 days of the violation.
The youth may appeal a decision of the superintendent by filing a complaint under ch. DOC 380 within 5 days of receipt of the decision. The visitor may appeal the decision by filing an appeal with the administrator, whose decision shall be final. The administrator shall issue a decision within 15 days of receipt of the appeal and send copies of the decision to the superintendent, the youth and the visitor. Failure of the administrator to issue a decision upholds the decision of the superintendent.
Termination or suspension of visiting privileges under this paragraph may be ordered by the superintendent to protect the security of the institution.

(b) If a youth is alleged to have violated any conduct rule under ch. DOC 373 during a visit, the youth’s discipline under ch. DOC 373 may include suspension of visiting privileges with the visitor.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.08 Special events {#sec-doc-379.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.08}

(1) Special events may be held in institutions subject to the approval and regulation of the superintendent.

(2) In regulating special events, the superintendent shall consider all of the following:

(a) Any threat to security posed by the activity.

(b) The benefit to the public and youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.09 Access to courts, legal services and materials {#sec-doc-379.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.09}

(1) General policy. Youth shall have access to the courts, legal services, and legal materials.

(2) Access.

(a) Institutions may establish policies and procedures which relate to access to courts, but such regulations may not unduly delay or adversely affect the outcome of a youth’s claim or defense or discourage a youth from seeking judicial consideration of his or her claims.

(b) Appropriately identified legal documents may not be read, censored or altered by correctional staff, nor may delivery be delayed.

(d) This section does not require the department to use its resources to provide legal services.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.10 Property {#sec-doc-379.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.10}

(1) Possession of property. Youth are permitted to have a limited and specified amount of property in their possession in an institution in accordance with this section. The institution shall establish policies and procedures under this section relating to the acquisition, possession, use and disposal of property.

(2) Property list. Each institution shall develop and maintain a list of the personal property items permitted at the institution. The list may establish limitations as to the value, type of property and number of particular items. The superintendent may approve additions to the property list if the additions further program goals. Youth shall be provided with a copy of the list when they arrive at the institution and any changes made subsequent to their arrival.

(3) Acquiring property. Methods approved by a superintendent to acquire personal property may include any of the following:

(a) Purchase from the institution canteen.

(b) Purchase from an approved retail outlet.

(d) Other methods approved by the superintendent.

(4) Inventory. Each institution shall monitor property in a youth’s possession. A written inventory shall be maintained of all authorized property in a youth’s possession. A youth is responsible for notifying the institution immediately if a discrepancy exists between the inventory and the property in the youth’s possession.

(5) Cost of property. The cost of personal property items, except those that are medically prescribed, may not exceed an amount approved by the superintendent for each item, excluding taxes and shipping cost. Personal property shall be inventoried for its value and an institution property receipt shall be provided.

(6) Institution liability for property. The institution is not financially liable for the personal property of youth, unless staff negligence is the proximate cause of loss or damage. If staff have negligently caused loss or damage to a youth’s personal property, the institution’s liability is limited to the value of the property or the cost of repair, whichever is less, at the time of loss or damage, not to exceed the purchase price.

(7) Disposal of property.

(a) Each superintendent shall develop policies and procedures, subject to approval of the administrator and consistent with s. DOC 376.17, relating to the disposal of personal property of youth within the institution. Youth may choose the method of disposal, subject to security concerns.

(b) Upon the escape of a youth, the institution shall collect all personal property of the youth as soon as possible, prepare an inventory of the property and place the property in a secure area for safekeeping, subject to disposal under par. (a).

(d) Upon the death of a youth and satisfactory identification of the parents, the superintendent shall:

Prepare an affidavit for transfer of property under s. 867.03, Stats., if the property and funds of the deceased youth have a value of more than $150.00 and less than $10,000.00. The affidavit shall be signed by the person claiming the property and shall be filed with the institution prior to transfer of property to the parent in accordance with s. 867.03, Stats.
Property with a value of $10,000 or more is to be managed in accordance with s. 867.01, Stats.

(e) Items received at an institution but not approved shall be disposed of consistent with s. DOC 376.17.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.11 Religion {#sec-doc-379.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.11}

(1) Religious beliefs and practice.

(a) The department may not discriminate against a youth on the basis of the youth’s religious beliefs. The superintendent may modify a youth’s religious practices based on health and safety considerations, the security and order of the institution, the rehabilitation goals of the youth and fiscal and operational limitations.

(b) The department may not require a youth to participate in religious activities but may maintain information concerning a youth’s religious activities for administrative purposes.

(c) To the extent reasonable, institutions shall make facilities and other resources available to youth for religious practices permitted under sub. (2).

(2) Youth participating in religious practices.

(a) A youth who wants to participate in religious practices or request a change in religious programming, diet, special foods or authorized property that involves others or that affects the youth’s appearance or institution routines shall submit a written request to the superintendent for permission to participate in the religious practice. The request shall include a statement that the youth professes or adheres to a particular religion and shall specify the practices and tenets of the religion in which the youth requests permission to participate.

(b) Upon receipt of the request the superintendent shall, with the assistance of a chaplain or staff with appropriate religious training, determine if the request is supported by tenets of the religion.

(c) In determining whether the request is supported by tenets of the religion the superintendent may consider any of the following:

Whether there is literature stating religious principles that support the belief.
Whether the beliefs are recognized by a group of persons who share common ethical, moral or intellectual views.

(d) The superintendent shall deny the request if the tenets of the religion or a reasonable variation of those tenets do not support the request.

(e) If the superintendent determines that the request is supported by tenets of the religion, the superintendent shall grant permission to participate in practices that are consistent with orderly confinement, security of the institution and fiscal, staff and space limitations.

(f) The superintendent shall establish written guidelines consistent with this section and institution security needs to govern youth participation in religious practices. The guidelines shall be made available to all youth.

(g) The superintendent shall require a youth to identify a religious preference, if any, to participate in religious activities. A youth may change this religious preference once every six months.

(3) Religious services and prayers.

(a) Each superintendent shall, upon the recommendation of a chaplain or staff with appropriate religious training, coordinate religious programming to the extent possible at the times prescribed or encouraged by the youth’s religion.

(b) The superintendent may, upon the recommendation of a chaplain or staff with appropriate religious training, permit representatives of approved religious groups from outside the institution to visit youth, hold services and provide counseling and services commonly provided by chaplains.

(4) Religious property. A superintendent may permit youth to possess approved religious property required by the youth’s religion in accordance with sub. (2).

(5) Dietary laws.

(a) To the extent possible, the institution shall plan meals so that youth may maintain a nutritious diet while complying with dietary restrictions prescribed by the youth’s approved religion.

(b) An institution may accommodate youth requests for special foods for religious observances.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.12 Leisure time activities {#sec-doc-379.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.12}

Each institution shall provide the youth in the general population with structured and approved leisure time activity, including outdoor recreation, on a regular basis consistent with security, available resources and the priorities of school attendance, scheduled programs and work. Outdoor leisure time activities shall be provided when weather conditions do not pose a risk to health and safety.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.13 Education programs {#sec-doc-379.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.13}

(1) Institutions shall make the following educational programs and services available to youth:

(a) Elementary education, as appropriate.

(b) Junior high school/middle school classes.

(d) High school credit-generating classes.

(e) High school equivalency programs.

(f) Training in independent living skills.

(g) Pre-vocational and vocational/technical education including work experience.

(h) Reintegration services at the time the youth is released from the institution, including transfer of records and consultation with education staff at the school the youth will attend in the community.

(2) Teachers and staff shall meet state licensing or training requirements from the department of public instruction or the technical college system board. Teachers are required to obtain and maintain their required license or certification.

(3) A youth under the age of 18 years who has not earned a high school diploma or high school equivalency diploma will participate in an education program as required by law.

(4) A youth 18 years or older who has not earned a high school diploma or high school equivalency diploma may participate in educational or vocational programming, but is not legally required to participate.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Each institution shall provide social services for youth. The superintendent shall insure sufficient licensed social worker time to deliver the services necessary to meet the identified goals and objectives in each youth’s individual case plan consistent with s. DOC 371.10 (4).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.15 Health services {#sec-doc-379.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.15}

(1) Youth shall have access to health care services.

(2) Ordinary medical and dental care shall be provided to youth consistent with s. 938.505 (1), Stats.

(3) Qualified health care providers shall provide health care based on professionally recognized standards in accordance with state and federal requirements.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.16 Food and liquids {#sec-doc-379.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.16}

(1) The department shall provide nutritious food for all youth. Meals shall satisfy standards of nutrition which meet or exceed the recommended dietary allowances of the food and nutrition board of the national academy of sciences of the national research council and the department of public instruction.

(2) Each institution shall have specific written policies and procedures that regulate eating outside the designated dining area. Institutions may forbid taking foods into living quarters and out of the designated dining area.

(3) The menu for each institution shall be posted weekly in advance of the meals for that week.

(4) If medical staff prescribe a special diet for health reasons, a youth shall be provided the diet, consistent with the department diet manual, related policies and procedures and available resources.

(5) A youth shall be provided sufficient liquids to sustain basic nutrition and health needs.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.17 Clothing {#sec-doc-379.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.17}

(1) Each institution shall provide youth with adequate clothing. All of the following apply to repair or replacement of clothing by an institution.

(a) The institution shall replace or repair clothing damaged by normal wear.

(b) The institution may require a youth to pay the institution for the cost of replacing or repairing clothing that was willfully lost, destroyed or damaged by the youth.

(2) Each institution shall create policies and procedures relating to clothing.

(3) Youth shall dress in a clean, neat and appropriate manner as prescribed by institution policy.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.18 Personal hygiene {#sec-doc-379.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.18}

(1) Each institution shall create minimum personal hygiene standards for its youth. Personal cleanliness shall be the responsibility of each youth.

(2) Institutions shall provide a minimum of 3 showering periods every 7 days for each youth in the general population. When possible, an institution shall permit youth to shower daily. Institutions shall provide clean undergarments, shirts and stockings at least 3 times every 7 days. Youth whose work or other activity makes it desirable shall be allowed more frequent bathing and changes of clothing.

(3) All of the following apply to grooming:

(a) Each institution shall make policies and procedures governing personal hygiene, hair and use of cosmetics.

(b) A youth’s hair shall not cover his or her eyes, disguise identity or conceal contraband.

(c) Youth assigned to food preparation and serving areas shall be required to wear hairnets or other suitable hair covering.

(d) Youth performing work assignments that may reasonably be considered to be hazardous shall be required to maintain suitably cropped hair or wear protective headgear for safety purposes.

(4) New identification photographs may be required of any youth whose appearance changes or is altered significantly during confinement as a result of change in hair style, hair length, facial hair growth or removal, maturation or other changes.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.19 Living quarters {#sec-doc-379.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.19}

(1) An institution may not exceed the original design capacity of a room and the institution when assigning youth to rooms, except in an institution housing emergency under sub. (2), or to meet youth program needs. The original design capacity of a room and an institution is the occupancy, number of youth, for which a room and the institution was originally designed.

(2) If the secretary declares an institution housing emergency, the number of youth assigned to living quarters may exceed original design capacity. Conditions for youth assigned to a room in excess of the original design capacity shall be as humane as reasonably possible, consistent with available resources.

(3) There shall be no discrimination on the basis of race or religion in the assignment of youth to living quarters.

(4) The superintendent may consider the following factors before assigning a youth to a room:

(a) The youth’s medical, psychological and psychiatric condition.

(b) The youth’s record of assault or aggressive behavior.

(d) The youth’s history of sexual behavior.

(e) The youth’s length of sentence.

(f) The youth’s program assignment.

(g) The total institution population.

(5) Youth shall keep assigned living quarters clean, neat and orderly as directed by staff. Appropriate cleaning materials shall be made available for this purpose.

(a) The institution shall provide youth with clean bed sheets, pillowcases and towels at least once every 7 days. The institution shall provide each youth with a standard issue of blankets and similar items necessary for physical comfort. Youth shall be responsible for their proper care.

(b) The superintendent may establish appropriate policies and procedures to insure proper maintenance of living quarters.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.20 Youth funds and accounts {#sec-doc-379.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.20}

(1) General Policy. The institution shall manage youth funds and permit or forbid spending to achieve the following objectives:

(a) To promote the successful reintegration of youth into society through a policy designed to provide youth with funds available upon release that they can manage responsibly.

(b) To prevent the exchange of contraband and victimization within institutions by prohibiting youth from carrying money and by requiring all youth funds to be deposited in accounts for the youth.

(d) To permit youth to obtain personal property in accordance with s. DOC 379.10.

(2) Deposit of money. All money received by an institution for the benefit of a youth shall be credited to the youth’s general account. The institution shall issue the youth a receipt for all money received.

(3) Allowance. Each institution shall deposit in each youth’s account a weekly allowance in an amount to be determined by the department.

(4) Transfer of money. Each institution shall create a policy for transfer of money, at the request of a youth, from a general account to a savings account.

(5) Cash grant. Each institution shall evaluate a youth’s need for a cash grant sufficient to meet the immediate, but unmet needs of the youth for the day of release from the institution. The institution shall consider the amount of money in the youth’s account and the availability of other resources in determining the amount of the cash grant.

(6) Receipts. Each youth shall be provided, upon reasonable request, information regarding the youth’s accounts, including receipt numbers, disbursements and the balance of the account. Institutions shall provide a youth with monthly statements of the youth’s accounts. If a youth has funds in an account in the institution’s savings program, a statement from the financial institution that is used for the youth’s savings account shall be provided at least quarterly.

(7) Disbursements of general youth account funds.

(a) Each institution shall follow the division’s written policies and procedures for disbursement of general account funds by the institution to pay for court-ordered surcharges and restitution, institution restitution or other financial obligations owed by the youth.

(b) Each superintendent shall create a written policy and procedure that will permit youth to request the disbursement of funds in their accounts consistent with sub. (1). The policy and procedure shall be consistent with this chapter and shall include information regarding all of the following:

Limit and purpose of requests.
How and to whom requests must be made.
What must be included in an information request.
Who investigates requests.
Who approves or disapproves requests.
A requirement that all decisions shall be in writing with reasons stating the underlying facts upon which each decision is made.
Time limits for decisions.

(c) Youth may not open charge accounts or possess charge cards, purchase items or services on credit or installment plan, receive any property with a balance owing or enter into any agreement incurring a future financial obligation.

(d) When a youth is transferred to another institution, the youth’s accounts shall be transferred to that institution within 30 days.

(e) Upon release or transfer to community supervision, youth funds may be transferred to and managed by the youth’s agent or county worker.

(8) Funds for legal correspondence and copying. A youth without sufficient funds in an assigned account to pay for paper, writing instruments, envelopes, photocopy work or postage for legitimate legal correspondence may receive a loan. The loan amount shall be charged to the youth’s account for future repayment while in any institution or community placement. Loans for this purpose shall be for actual institution costs and shall not exceed $100.00 per year.

(9) Canteen.

(a) Each institution shall provide a canteen. The superintendent shall establish, in writing, the maximum amount of money that may be spent in a specified period of time by a youth in the canteen. A current list of approved and available merchandise, including the price of each item, shall be made available to youth. Copies shall be made available to youth who do not have direct access to the canteen. A superintendent may create a policy to permit youth to purchase specified personal property that is not supplied by the canteen.

(b) Each canteen shall maintain a bookkeeping system for withdrawal of funds from the youth’s general account for purchases made through the canteen. No canteen shall use money as a means of exchange for youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 379.21 Telephone calls {#sec-doc-379.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 379.21}

(1) Institutions shall encourage youth to communicate with their families, government officials and people concerned with the welfare of youth. This policy is intended to foster reintegration into the community, maintain family ties, motivate youth, improve morale and contribute to security. The superintendent may establish policies or procedures, subject to the approval of the administrator, relating to the use of telephones.

(2) A telephone shall only be used in a lawful manner.

(3) A superintendent may do any of the following:

(a) Monitor and record a youth’s telephone call under s. DOC 376.05. A properly placed call to or from an attorney, an attorney’s assistant or approved law student may not knowingly be monitored or recorded.

(b) Record the conversation and the date, time, destination, number and duration of a call.

The department’s office of juvenile offender review.
The administrator.
The secretary.
An investigating officer from the department or another state or federal agency.
A law enforcement officer.

(d) Use the contents of a recording of his or her telephone conversation for any of the following reasons:

For disciplinary purposes.
To decide placement, transfer or release of a youth.
For an investigation of a youth’s plans to escape.
For investigations of threats to the security of the institution.
For investigations of threats to the health, safety or welfare of staff, the public or other youth.
For investigations of threats against witnesses or victims.
For investigations of trafficking of drugs or other contraband.
For investigations of any illegal activity.
As evidence in administrative and judicial proceedings.
For programming and treatment.

(4)

(a) Each institution shall have a written policy available to youth that contains a specific procedure for telephone calls and that sets time limits for calls. The procedure shall be consistent with this chapter.

(b) The superintendent may make exceptions to any policy regarding limits on calls consistent with the policy stated in this section.

(c) Youth may be permitted to call approved close family members or other persons approved by the superintendent. If a youth has no close family members, the youth may be permitted to call persons on the approved visitor list.

(d) Each youth shall be permitted to make a minimum of 2 telephone calls per month. Where resources permit, more than 2 telephone calls may be permitted.

Telephone calls not made during the month may not be accrued for use at a later date.
A youth may be prohibited from calling under this section if segregated from the general population.

(e) Institutions shall determine who shall pay for calls.

(f) Institutions shall permit calls to be at least 5 minutes in duration.

(g) In the case of emergencies, including critical illness or death of a family member, a special telephone call may be permitted regardless of the security status of the youth or the number of calls already made during that month.

(5) A youth may be permitted to make phone calls to a youth’s spouse or parent committed to another Wisconsin correctional institution. The institution may require payment for the cost of the calls. Calls between spouses or a youth and parent are subject to the limits under sub. (4) (d). The superintendent may approve calls between siblings in Wisconsin correctional institutions.

(6)

(a) Youth shall be permitted to call attorneys, attorney assistants or approved law students regarding legal matters, consistent with the program and security needs of the institution.

(b) Calls are subject to superintendent approval as to time and duration.

(c) A youth’s telephone calls to an attorney, attorney assistant or approved law student are not subject to the limit in number in sub. (4) (d) or the visitor list requirement.

(d) Telephone calls to attorneys, attorney assistants or approved law students shall be made collect.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 380 COMPLAINT PROCEDURE FOR YOUTH IN TYPE 1 SECURED CORRECTIONAL FACILITIES

Wis. Admin. Code § DOC 380.01 Authority and purpose {#sec-doc-380.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.01}

(1) This chapter is promulgated under the authority of ss. 227.11 (2) and 938.48 (16), Stats., to provide rules to assure that complaints from youth placed in a type 1 secured correctional facility are investigated thoroughly and decided fairly.

(2) The objectives of the complaint process are all of the following:

(a) To afford youth the opportunity to raise questions about correctional policies that directly affect them.

(b) To encourage communication between youth and staff.

(d) To correct errors in correctional policy through the exchange of ideas.

(e) To allow youth who believe they have been treated unfairly to challenge staff decisions, process or policy.

(f) To reduce frustration among youth about conditions at the institution in which they reside.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 380.02 Applicability {#sec-doc-380.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.02}

(1) This chapter applies to all youth placed in an institution, and complaints filed by those youth regarding residential programs, application of rules, division policies, conditions, procedures or other matters or incidents, except that a youth may not use the complaint procedure for complaints about any of the following:

(a) Factual disputes or decisions in the disciplinary process under ch. DOC 373, except that the complaint procedure may be used to challenge procedural errors in accordance with sub. (2).

(b) Matters over which the department has no authority.

(d) Decisions of OJOR.

(e) A decision to place a youth at a specific institution.

(f) A decision not to deliver mail, except under s. DOC 379.04 (9).

(g) Suspension of visiting privileges.

(h) Matters related to the revocation process.

(i) Matters that do not directly affect the complainant.

(j) An administrative rule of the department.

(k) An issue which a youth may appeal under a department rule or a decision issued by the department in response to an appeal filed by a youth under a department rule.

(2) Youth may use the complaint procedure to challenge the procedure used by hearing officers under ss. DOC 373.72, 373.73 and 373.76 to 373.78.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

Wis. Admin. Code § DOC 380.03 Definitions {#sec-doc-380.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.03}

(1) “Administrator” means the administrator of the department’s division of juvenile corrections or that person’s designee.

(2) “Complaint” means a complaint by one or more youth using the administrative procedures in this chapter.

(3) “Complaint mediator” means a staff person not a party to the incident or situation from which the complaint arose who is designated by the superintendent to receive complaints and perform duties under this chapter.

(4) “Department” means the department of corrections.

(5) “Division” means the department’s division of juvenile corrections.

(6) “Institution” means a type 1 secured correctional facility.

(7) “OJOR” means the division’s office of juvenile offender review.

(8) “Superintendent” means the superintendent of an institution or that person’s designee.

(9) “Staff” means an employee of the department.

(10) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(11) “Youth” means a person under the supervision of the department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 48.366, Stats., or a person subject to a criminal penalty who is placed in an institution under s. 973.013 (3m), Stats., regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543.

Wis. Admin. Code § DOC 380.04 Complaint procedure {#sec-doc-380.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.04}

(1) Notice of procedure. An institution shall give a copy of this chapter and an oral explanation of the complaint procedure to a youth as part of the orientation process that occurs when a youth is placed in an institution. An institution shall establish specific polices and procedures relating to the complaint procedure and shall inform a youth of those policies and procedures in simplified written language.

(2) Forms. An institution shall make complaint and appeal forms readily available to youth.

(3) Changes in procedure. An institution shall orally explain to a youth and post or distribute changes in the complaint procedure affecting a youth, prior to the time the changes take effect.

(4) Initiation.

(a) Before using the complaint procedure, a youth shall discuss problems with a social worker or youth counselor. All complaints shall be in writing and, except for complaints under par. (b), shall be filled with the complaint mediator.

(b) A youth may file a complaint directly with the superintendent in matters related to breach of confidentiality, retaliation, abuse or regarding matters under s. DOC 380.02 (2).

(c) If a youth is unable to write a complaint, a social worker, youth counselor, or psychologist shall refer the youth to the complaint mediator who shall assist the youth to write a complaint when possible. If the complaint mediator is not able to assist the youth in a timely fashion, the mediator shall request another staff member to assist the youth. If the youth requests assistance from someone other than the mediator or designee, that individual may assist the youth.

(d) A youth shall file a complaint with the complaint mediator or superintendent within 5 days from the day on which an incident occurred. The complaint mediator or superintendent under par. (b) may waive this requirement if the delay does not adversely affect the investigation.

(e) A complaint meets the time limitations in par. (d) if it is filed within 5 days of an incident, but does not include all of the information required by par. (f).

(f) A complaint shall include the following information:

A statement of the nature of the complaint with facts upon which the complaint is based.
A statement explaining how the complaint affects the youth personally.
A statement identifying the staff that the youth has discussed the problem with, as required by par. (a) and a statement indicating the outcome of that discussion.
A request for relief, stating what the youth believes would be a satisfactory resolution.

(g) If a complaint does not include all of the information required by par. (f), the youth shall be given 2 additional days to provide the information. If the youth does not provide the information after the additional time period, the complaint mediator shall process the complaint under this chapter based on the information provided.

(5) Group complaints.

(a) A youth may include only one complaint on a complaint form. Group complaints may be on one form and the complainants may sign their names on the form or a sheet of paper attached to the form. A youth who is a party to a group complaint waives the confidentiality provision in s. DOC 380.08.

(b) The complaint mediator shall determine whether all the youth signing a form are personally affected and whether a legitimate group complaint exists. The group complaint is a valid complaint only as to those youth who are personally affected. The complaint mediator shall liberally construe complaints when determining if there is a group complaint.

(6) Number of complaints. There is no limit to the number of complaints that may be filed by a youth. If a youth has a complaint pending, the complaint mediator shall process subsequent complaints as time permits, except that complaints concerning health and safety shall have priority.

(7) Record of complaints. An institution shall maintain a record of each complaint, including the name and identifying number of each complaint, the subject of the complaint and the disposition for at least 3 years after the final decision is issued. The record of complaints shall be maintained separately from a youth’s case file.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 380.05 Designation, training and activities of complaint mediator {#sec-doc-380.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.05}

All of the following procedures apply to complaint mediators and institutions:

(1) A superintendent shall designate complaint mediators. The complaint mediators may be staff with other responsibilities, but they shall receive, investigate, mediate and process complaints in accordance with the procedures and time limits established in this chapter. A superintendent shall provide the complaint mediator with full access to youth, staff, facilities and records of the institution.

(2) The department shall provide complaint mediators with training in complaint procedures and mediation skills.

(3) A complaint mediator, in cooperation with the superintendent, shall provide youth and staff with written information about the complaint procedure and any modifications of the procedure.

(4) An institution shall assign a complaint file number and screen all complaints within 24 hours of receipt, excluding weekends and holidays. Priority shall be given to complaints concerning health and safety. The institution shall record the date and time each complaint is received.

(5) A complaint mediator shall mediate and investigate complaints and keep a written record of information obtained in an investigation.

(6) A supervisor responsible for a living unit or program may be designated as mediator for complaints that arise within the area of supervisory responsibility, except that no complaint mediator may investigate or decide a case involving a complaint that relates to decisions or actions that involved the complaint mediator.

(7) A complaint mediator who has a conflict of interest under sub. (6) shall inform the superintendent, who shall appoint an alternate complaint mediator. If a youth believes a complaint mediator has a conflict of interest, the youth may file a complaint under this chapter with the superintendent.

(8) A complaint mediator shall promptly transmit all necessary documents to each person involved in the complaint process. A complaint mediator shall keep the complainant informed orally or in writing of all decisions or non-action by any person involved in the complaint process under this chapter.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 380.06 Complaint resolution procedure {#sec-doc-380.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.06}

(1) Informal resolution. The complaint mediator shall conduct all of the following procedures:

(a) Upon receipt of a complaint, the complaint mediator shall attempt to informally resolve the issues raised by the complainant.

(b) If a complaint is resolved informally, the complaint mediator shall reduce the outcome to writing, using the appropriate informal complaint resolution form, and shall provide a concise statement of the complaint and the resolution. The youth shall sign the informal complaint resolution form to acknowledge his or her agreement with the resolution of the complaint.

(c) The superintendent shall review the informal complaint resolution form signed by the youth under par. (b) and approve the informal resolution or require a formal resolution under sub. (2).

(d) Informal mediation shall be completed in 5 days from the receipt of the complaint, unless waived in writing by the complainant.

(2) Formal resolution. If an informal resolution cannot be obtained under sub. (1), or the superintendent requires a formal resolution, the mediator shall do all of the following:

(a) The complaint mediator shall investigate the complaint and as part of the investigation shall provide the complainant an opportunity to state his or her position and to present any information relevant to the decision.

(b) The complaint mediator shall file a written report, using the complaint mediator’s report form, with the superintendent stating a proposed resolution within 14 days of receipt of the complaint. The complainant may waive the time limit in writing to permit the complaint mediator to complete a proper investigation.

(c) The complaint mediator’s report shall state the youth’s complaint, the facts upon which the proposed resolution is based, the proposed resolution and the reasons for the proposed resolution.

(d) The complaint mediator may propose that a complaint be dismissed if it is frivolous, if it is beyond the scope of the complaint process as provided in s. DOC 380.02 or if the complaint mediator believes, after investigation, that the complaint is without merit.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 380.07 Decision and appeal procedure {#sec-doc-380.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.07}

(1) Superintendent’s decision. Within 7 days of receipt of the complaint mediator’s report or receipt of a direct complaint, the superintendent shall issue a written decision and provide a copy to each complainant. The decision shall state the issue, the facts upon which the decision is based, the decision, the reasons for the decision and the notice required by sub. (4). If no decision is issued within 7 days, the recommendation of the complaint mediator is affirmed. If the youth filed complaint directly with the superintendent, a written [decision] must be issued.

(2) Superintendent’s options. If the superintendent affirms a complaint under s. DOC 380.02 (2) challenging the procedure used by a hearing officer under ss. DOC 373.72, 373.73 and 373.76 to 373.78, the superintendent may do one of the following:

(a) Affirm the hearing officer’s decision if the error in procedure did not deny the youth a fair hearing.

(b) Affirm the hearing officer’s decision, but reduce the discipline.

(c) Reverse the hearing officer’s decision and remove all records of the decision from the youth’s files. A record of the decision may be kept for statistical purposes only.

(d) Remand the case to the hearing officer for further consideration.

(3) Appeal to the administrator.

(a) A youth may appeal to the administrator in writing, using the appeal of complaint form, either a decision or a failure to issue a decision under sub. (1) to the administrator within 5 days of receipt of the decision or the failure to issue a decision.

(b) The administrator shall issue a written decision within 7 days of receipt of the appeal, which is the final decision of the department and states the reasons and facts upon which the decision is based. If no decision is issued, the decision of the superintendent is affirmed.

(4) Failure to implement decision promptly. The complaint decision under sub. (1) shall inform the youth who filed the complaint of the right to write the administrator directly if the relief requested or a resolution agreed upon has not been implemented within 14 days of the decision or agreement. The administrator shall investigate and take all necessary steps to enforce prompt implementation.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

Wis. Admin. Code § DOC 380.08 Confidentiality {#sec-doc-380.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.08}

(1)

(a) Staff shall keep the identity of the complainant and the subject matter of the complaint confidential, except to the extent that discussion with others is necessary for investigation. Any staff with whom a complaint is discussed shall maintain confidentiality.

(b) A complainant may publicize any aspect of a complaint at any time.

(2) Staff shall not make entries in a youth’s case file about use of the complaint procedure.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 380.09 Retaliation prohibited {#sec-doc-380.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.09}

(1) Neither staff nor a youth may retaliate against a youth for filing a complaint.

(2) A youth may send a complaint, using a complaint form, alleging retaliation directly to the superintendent, who shall issue a written decision within 7 days. A copy of the decision, stating information required in s. DOC 380.07 (1) shall be given to the complainant.

(3) A complainant may appeal the decision of the superintendent under sub. (2), or a failure of the superintendent to issue a timely decision, in writing using the appeal of complaint decision form, to the administrator within 7 days of receipt of the appeal. If the administrator does not issue a written decision within 7 days of receipt of the appeal, the decision of the superintendent is affirmed.

(4) Disciplinary action may be taken against a youth under s. DOC 373.32 for knowingly filing a false complaint.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 380.10 Report required {#sec-doc-380.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 380.10}

An institution shall submit an annual report to the administrator concerning the quantity, type and disposition of complaints. To be in compliance with Title VI of the Civil Rights Act (42 C.R.R. 2000d), the report must include the number of complaints filed per month by minority youth; and the number of complaints alleging discrimination on the basis of race, sex, religion or age initiated against individual staff persons and the dispositions.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 381 FURLOUGHS, OFFGROUNDS LEAVE AND TRIAL VISITS FOR YOUTH IN TYPE 1 SECURED CORRECTIONAL FACILITIES

Wis. Admin. Code § DOC 381.01 Authority {#sec-doc-381.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 381.01}

This chapter is promulgated under the authority of ss. 227.11 (2), 301.03 (10) and 938.48 (16), Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 381.02 Applicability {#sec-doc-381.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 381.02}

This chapter applies to the department and all youth who are under its supervision in a type 1 secured correctional facility consistent with the requirements of law.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 381.03 Definitions {#sec-doc-381.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 381.03}

(1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(2) “Alternate care placement” means the placement of a youth in an alternate placement, including placement in a child caring institution, group home, foster home or treatment foster home.

(3) “Close family member” means the youth’s natural, adoptive, step or foster parents, spouse, children, grandparents or siblings. A parent surrogate is within the definition of parent if it can be substantiated that a claimed surrogate did in fact act as a parent to the youth although the parent surrogate was not an adoptive, foster or stepparent.

(4) “Department” means the department of corrections.

(5) “Escorted” means accompanied by one or more staff.

(6) “Furlough” means an approved, supervised leave for a youth from an institution, not exceeding 7 days.

(7) “Institution” means a type 1 secured correctional facility within the meaning of s. 938.02 (19), Stats.

(8) “OJOR” means the department’s office of juvenile offender review.

(9) “Offgrounds leave” means an approved escorted or supervised leave for a youth from an institution, not exceeding 24 hours.

(10) “Staff” means an employee of the department.

(11) “Superintendent” means the superintendent of an institution or that person’s designee.

(12) “Supervision” means close and continuous oversight and physical control of a youth with the responsibility to notify department staff if the youth does not comply with department conditions of the furlough, offgrounds leave leave or trial visit.

(13) “Trial visit” means an approved leave for a youth from an institution in a trial placement, not exceeding 30 days.

(14) “Youth” means a person or persons under the supervision of the department in an institution consistent with the requirements of law and regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 381.04 Purpose {#sec-doc-381.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 381.04}

(1) Furlough, offgrounds leave, and trial visit programs are intended to promote the treatment and program needs and community reintegration of youth by permitting qualified youth to experience an authorized absence from an institution.

(2) A furlough or offgrounds leave may be granted for any of the following purposes:

(a) To attend the funeral of a close family member.

(b) To visit a terminally ill close family member.

(d) To attend educational, social, therapeutic, athletic or recreational events.

(e) To participate in a structured work program.

(f) To be interviewed by a prospective employer or educational official who requests the interview to determine an appropriate work release or study release placement.

(g) For medical purposes.

(h) To participate in activities deemed appropriate by the superintendent.

(i) To participate in community and family reintegration.

(3) The department uses a trial visit to evaluate a placement in the community, either at the youth’s home or in an alternate care placement, and to provide a period of time for a youth to adjust to a placement.

(4) A superintendent shall make institution policies and procedures regarding furloughs, offgrounds leave and trial visits available to youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 381.05 Furlough and offgrounds leave {#sec-doc-381.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 381.05}

(1)

(a) A youth may submit a written request for a furlough or offgrounds leave to the superintendent who may authorize the absence from the institution under s. DOC 381.04 (2).

(b) The superintendent shall identify the persons who will provide supervision of the youth and shall provide the aftercare agent with the information referred to in sub. (5).

Note: It is the intent of the department that other staff may provide notification.

(d) The superintendent may impose any conditions of conduct or other conditions on a furlough or offgrounds leave.

(e) The superintendent shall provide a copy of a decision to grant or deny a furlough or offgrounds leave to the youth prior to the proposed furlough or offgrounds leave. The decision shall state the reasons for a denial.

(2) A superintendent may cancel a furlough or offgrounds leave at any time. The cancellation order shall be in writing, shall state the reasons for the cancellation and a copy shall be provided to the youth.

(3) Youth on a leave from the institution under sub. (1) are under the supervision of the department. A youth who violates any condition under sub. (1) (d) or any lawful directive of institution staff, aftercare agent or other person providing supervision may be disciplined under ch. DOC 373.

(4) A youth who intentionally fails to return or who intentionally leaves the area designated as the limits of confinement in the conditions under sub. (1) (d) may be treated as an escapee under s. 946.42 (3) (c), Stats.

(5) A record of a furlough or offgrounds leave shall be maintained and include all of the following:

(a) The name of the youth.

(b) The name of the institution staff, aftercare agent or other person providing supervision of the youth.

(d) The purpose for the furlough or offgrounds leave under s. DOC 381.04 and the facts considered by the superintendent when the furlough or offgrounds leave was authorized.

(e) The conditions imposed under sub. (1) (d).

(6) The superintendent shall advise the institution staff, aftercare agent or other person providing supervision of a youth in writing of the conditions of the furlough or offgrounds leave. The person providing supervision shall sign an agreement to abide by the conditions of the furlough or offgrounds leave.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DOC 381.06 Trial visit {#sec-doc-381.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 381.06}

(1) OJOR may authorize a trial visit and shall impose conditions for the trial visit.

(2) OJOR shall provide appropriate victim and witness notification if requested.

(3) A youth is under the supervision of the department while on a trial visit and is subject to discipline under ch. DOC 373 for violation of any conditions of conduct or other conditions which OJOR imposed on a trial visit.

(4) A youth who intentionally fails to return or who intentionally leaves the area designated as the limits of confinement under sub. (1) may be treated as an escapee under s. 946.42 (3) (c), Stats.

(5) The administrator may cancel a trial visit at any time. A copy of the decision to cancel, together with the reasons for the cancellation shall be provided to the youth.

(6) At the end of the trial visit, OJOR may approve the placement, require a different placement, or release the youth to aftercare under s. DOC 371.15.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Chapter DOC 383 USE OF PSYCHOTROPIC MEDICATION

Wis. Admin. Code § DOC 383.01 Authority and purpose {#sec-doc-383.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 383.01}

This chapter interprets s. 938.505 (2), Stats., and is promulgated under the authority of ss. 227.11 (2), 301.03 and 938.48 (16), Stats. This chapter provides guidance to institution staff concerning the administration of psychotropic medications. Involuntary treatment, as described in this chapter, is considered by the department to be a treatment of last resort.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 383.02 Applicability {#sec-doc-383.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 383.02}

This chapter applies to the department and to all youth under the supervision of the department and placed in a type 1 secured correctional facility.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 383.03 Definitions {#sec-doc-383.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 383.03}

In this chapter:

(1) “Advanced practice nurse prescriber” (APNP) means an “advanced practice nurse” who has been certified to prescribe drugs in Wisconsin as defined in s. 441.16 (2), Stats., and ch. N 8.

(2) “Department” means the department of corrections.

(3) “Guardian” means the person named by the court having the duty and authority of guardianship.

(4) “Institution” means a type 1 secured correctional facility operated by the department.

(5) “Legal custody” has the meaning given in s. 938.02 (12), Stats.

(6) “Nurse” means a registered or licensed practical nurse as defined by ch. 441, Stats.

(7) ”Parent” has the meaning given in s. 938.02 (13), Stats.

(8) “Pharmacological therapeutic classification” means the classification of a psychotropic medication as one of the following:

(a) Anti-psychotic.

(b) Anti-depressant.

(d) Anti-anxiety agent.

(e) Sedatives or hypnotic.

(f) Psychomotor stimulant.

(9) “Physician” means a person licensed as a physician in Wisconsin under ch. 448, Stats.

(10) “Physician assistant” means a person licensed as a physician assistant in Wisconsin under ch. 448, Stats.

(11) “Psychologist” means a person licensed to practice psychology in Wisconsin as defined in ch. 455, Stats.

(12) “Psychotropic medication” means medication that is used for the purpose of modifying psychological functioning or behavior.

(13) “Social worker” means a person certified to be a social worker in Wisconsin as defined in ch. 457, Stats.

(14) “Youth” means a person or persons under the supervision of the department in an institution consistent with the requirements of law and regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 383.04 General standards for use of psychotropic medications {#sec-doc-383.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 383.04}

(1) Order and purpose. Psychotropic medications may be administered to youth only upon the written order of a physician or APNP and only for an appropriate therapeutic purpose, including alleviating psychiatric disorders or enhancing the coping capacity of the youth. Medication may not be administered for the purpose of punishing the youth, producing docility or as a substitute for counseling and treatment.

(2) Prescription. In prescribing psychotropic medication, the physician or APNP shall do all of the following:

(a) Review the youth’s medical history and appropriate physical and laboratory examinations before prescribing medication, and document the behaviors, symptoms and diagnosis, if known, which the medication is to treat or modify.

(b) Prescribe the lowest effective dose of a clinically indicated medication.

(c) Use caution in prescribing drugs known to produce psychological or physiological dependency, or to have significant potential for abuse.

(d) Indicate in the medical record a specific stop date.

(e) Specify limited amounts and limited refills, if any, for prescriptions.

(f) Reduce or withdraw medication as soon as clinically indicated.

(3) Ongoing evaluation.

(a) The physician or APNP shall review and evaluate the appropriateness and need for psychotropic medications, the need for continuation of treatment, and possible side effects for each youth. All reviews shall be according to established professional standards for the administration of psychotropic medications.

(b) When treatment is voluntary, a review shall be completed, as often as professional practice requires, but at least once every 180 days.

(c) When treatment is involuntary, a review shall be completed, as often as professional practice requires, but at least every 30 days.

(4) Consent for psychotropic medications.

(a) A physician or APNP shall obtain written consent from the following persons before administering psychotropic medications to a youth:

The parent with legal custody or youth’s guardian if the youth is less than 14 years of age.
The youth and the parent with legal custody or the youth’s guardian if the youth is at least 14 years of age, but less than 18 years of age.
The youth, if the youth is 18 years of age or older.

(b) A consent to administer psychotropic mediations is valid for one year. Renewal requires obtaining another written consent from the youth, a parent with legal custody or a guardian as under par. (a) to continue administering the medication.

(c) If a parent with legal custody or guardian unreasonably refuses to give permission, cannot be located to give a consent, or no parent has legal custody, the department may petition the court for permission under s. 938.505 (2), Stats., to administer psychotropic medications to a youth aged at least 14 years, but not yet 18 years of age, who wishes to take the medication.

(d) If the department believes a youth at least 14 years, but not yet 18 years of age, needs psychotropic medication and the youth consents, medication may be administered temporarily without written consent of the parent or guardian, with the court’s authorization, but not for more than 10 days after the request to the court, pending the hearing on the petition under par. (c), consistent with s. 938.505 (2) (b), Stats.

(e) When a prescriber changes an order to a psychotropic medication not listed on the original consent, written consent of the appropriate person(s) under par. (a) shall be obtained before administering the new medication, unless the new medication is in the same pharmacological therapeutic classification as the previous medication.

(f) For youth who are taking a prescribed psychotropic medication upon admission to the institution, approval from a physician or APNP shall be obtained in the form of a written order to continue the medication while written consent of the parent with legal custody or guardian is sought. Medication will not be continued for more than 30 days without consent of the parent or legal guardian, except as provided in par. (d) or if authorization is granted by the court under par. (c).

Note: Pursuant to par. (a) 3. consent shall be obtained from a youth aged 18 years or older.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 383.05 Voluntary treatment with psychotropic medication {#sec-doc-383.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 383.05}

Youth may be treated with psychotropic medications in an institution without being committed under ch. 51, Stats. Each institution shall ensure that treatment is voluntary by doing all of the following:

(1) The physician or APNP shall discuss the following with the youth and the parent or guardian of a youth under 18 years of age, or a legal guardian of an incompetent individual 18 years or older:

(a) The nature of the condition.

(b) The purposes, nature and dose of the medication.

(d) The risks and side effects of the medication.

(e) Appropriate alternatives as available.

(f) Prognosis without medication.

Note: The discussion shall be with a youth aged 18 years or older pursuant to s. DOC 383.04 (4) (a) 3.

(2) The physician or APNP shall ask the youth to consent to take medication, and may proceed with voluntary treatment only if:

(a) The youth consents in writing.

(b) Parent or guardian consent is obtained as specified in s. DOC 383.04 (4).

(3) The physician or APNP may not prescribe medication if the physician or APNP believes that the youth is agreeing to take medications as a result of coercion, threats, or other improper means. This does not preclude the physician or APNP, or others, from discussing with the youth the desired effects of medication, such as improvements in mental, emotional, or behavioral functioning.

(4) A youth 14 years or older or a parent or guardian who consented under s. DOC 383.04 (4) may withdraw or reinstate consent at any time in writing to the physician or APNP who shall make the final determination as to whether psychotropic medication is needed. A youth may not be disciplined for refusing psychotropic medication.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 383.06 Involuntary treatment with psychotropic medication {#sec-doc-383.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 383.06}

A youth may be treated involuntarily with psychotropic medications only under the following circumstances:

(1) In an emergency, after reasonable interventions have proved unsuccessful, the attending licensed psychologist, social worker or physician or APNP shall determine whether a recommendation for an emergency transfer to a state treatment facility under s. 51.35 (3) (e), Stats., should be made to the superintendent. Pending that determination, the attending physician or APNP may order involuntary treatment with psychotropic medication. The youth may be treated involuntarily with psychotropic medications pending an emergency transfer, or for 72 hours, whichever is shorter. If an emergency transfer is initiated, the attending physician or APNP may order continued involuntary treatment with psychotropic medications pending completion of the transfer proceedings. In this subsection, “emergency” means a situation in which either of the following is true:

(a) The youth’s perception of reality appears to be severely impaired as a result of mental illness.

(b) The youth appears to pose an immediate danger to self or others, evidenced by a recent overt act or attempt or threat to inflict serious bodily harm.

(2) If a youth is committed under s. 51.20, Stats., on an outpatient basis with an order to treat involuntarily in an institution and a court has found the youth 14 years or older incompetent to refuse psychotropic medications, a physician, physician assistant, APNP, or nurse shall distribute or administer the medications. The following steps shall be followed:

(a) A physician, physician assistant, APNP or nurse shall give the youth an opportunity to take the medication voluntarily. If it is not possible to comply with s. DOC 383.05 (1) due to the youth’s behavior, the physician, physician assistant, APNP, or nurse shall record the reasons in the youth’s clinical or medical services record.

(b) If the youth refuses to take the medication, the physician, physician assistant, APNP, or nurse shall counsel the youth and attempt to persuade the youth to take the medication.

(c) If the youth continues to refuse, the attending physician, physician assistant or APNP shall decide the course of action to be taken. Possible actions include:

Take no action for a period of time.
Send the youth to a special unit within the institution for treatment of mental illness.
When appropriate, put the youth in observation status pursuant to ch. DOC 375.
Recommend transfer of the youth to an appropriate health care setting.
If appropriate, a licensed psychologist or physician may recommend to the superintendent transfer of the youth to a state treatment facility under s. 51.35 (3) (e), Stats.
Direct that the youth be ordered to take the medication and that force be used to administer it, if necessary. Only the minimum amount of force required to effectively administer the medication shall be used.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 392 DRUG TESTING OF YOUTH ON COUNTY SUPERVISION, TYPE 2 STATUS OR AFTERCARE

Wis. Admin. Code § DOC 392.01 Authority and purpose {#sec-doc-392.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 392.01}

This chapter is promulgated under the authority of ss. 227.11 (2) and 938.34 (6s), Stats., to provide rules for the regulation of drug testing programs operated by the department, or a county department which is providing supervision of delinquent youth who have been determined by the court to be in need of treatment for the use or abuse of controlled substances or controlled substance analogs.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 392.02 Applicability {#sec-doc-392.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 392.02}

This chapter applies to the department, county departments and private provider agencies conducting drug tests under contract with the department or a county department and youth under their supervision.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 392.03 Definitions {#sec-doc-392.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 392.03}

In this chapter:

(1) “Body contents search” means a search in which a youth is required to provide a sample of urine, breath, saliva, blood, or stool for testing for the presence of intoxicating substances, as defined in s. DOC 373.46 (1), in accordance with department or county department procedures and with methods approved by the state laboratory of hygiene, or to submit to non-surgical physical examination by medical personnel which may include, but is not limited to, x-rays for detecting the use of intoxicating substances or the possession of contraband. A body contents search does not include an examination or test required by medical personnel for medical reasons.

(2) “County department” has the meaning given in s. 938.02 (2g), Stats.

(3) “Department” means the department of corrections.

(4) “Drug” means any controlled substance, as defined in s. 961.01 (4), Stats., or controlled substance analog, as defined in s. 961.01 (4m), Stats., that is illegal to possess or use, or alcohol, as defined in s. 125.02 (1), Stats., but does not mean a drug prescribed and used in accordance with law.

(5) “Drug test” means a chemical or other analysis of a body contents specimen collected from a youth for the purpose of determining if the youth has ingested or used any drug.

(6) “For cause test” means a drug test administered because staff has a reasonable suspicion that a youth has used or ingested drugs other than a prescription drug which is lawfully possessed and used.

(7) “Aftercare” means the aftercare supervision status of a youth, as used in s. 938.34 (4n), Stats., who is released from a Type 1 or Type 2 secured correctional facility by the office of juvenile offender review, or by action of a court, and is supervised by the department or a county department until the expiration or termination of the youth’s court ordered supervision.

(8) “Physician” means a person licensed as a physician under ch. 448, Stats.

(9) “Physician’s assistant” means a person certified by the medical examining board under ch. 448, Stats., to perform patient services under the supervision and direction of a licensed physician.

(10) “Provider” means the department, a county department or a private agency under contract with the department or a county department that is authorized by the contract to administer drug tests.

(11) “Random test” means the collection of a specimen in a manner that does not follow a predetermined pattern and is not predicated on any particular fact or situation which creates a reasonable suspicion that a youth has used or ingested drugs.

(12) “Registered nurse” means a person licensed as a registered nurse under s. 441.06, Stats.

(13) “Scheduled test” means a test given to a youth on a regular, pre-planned basis and administered at a time when the youth knows the test will occur.

(14) “Staff” means provider staff with the responsibility of supervising a youth’s placement and behavior.

(15) “Supervision” means the rights and duties of the department or a county department under ss. 938.34 and 938.505 (1), Stats., or other requirements of law with respect to a youth placed by a court or the department in a type 2 secured correctional facility, a type 2 child caring institution, or on aftercare.

(16) “Supervisor” means a provider employee responsible for the supervision of aftercare, a type 2 secured correctional facility or a type 2 child caring institution, or that person’s designee.

(17) “Type 2 child caring institution” has the meaning given in s. 938.02 (19r), Stats.

(18) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

(19) “Youth” means a person under the supervision of the department or a county department within the meaning of s. 938.505 (1), Stats., pursuant to s. 48.366, Stats., or other requirements of law or a person subject to a criminal penalty, regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 392.04 Drug testing {#sec-doc-392.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 392.04}

(1) Dignity of youth. A provider shall make a reasonable effort to preserve the dignity of a youth in all searches and tests conducted under this chapter.

(2) Tests required by court order.

(a) A provider shall require a youth under its supervision, who has been ordered to submit to drug testing under s. 938.34 (6s), Stats., to receive scheduled, random and for cause drug tests when appropriate, whether that youth is in a type 1 or type 2 secured correctional facility, a type 2 child caring institution, another out of home placement in the community or in the youth’s own home. Drug tests shall be administered consistent with s. DOC 392.05 (1).

(b) Scheduled tests under this section may be administered to a youth at regular intervals, which may be varied from time to time, consistent with the prior pattern of drug or alcohol use by the youth and with the progress of the youth in treatment.

(3) Other drug tests. A supervisor or staff of the provider may, consistent with the policy and procedure of the provider, implement scheduled testing, random testing, or for cause testing for a youth on aftercare or other form of community supervision as a part of the youth’s written case plan, whether or not the youth is subject to any court ordered testing under this chapter.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 392.05 Body contents search {#sec-doc-392.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 392.05}

(1) Staff who are appropriately licensed or certified, as provided in s. DOC 376.13 (1) (d), may conduct or authorize a body contents search to collect a specimen required to conduct a court ordered, scheduled, random or for cause drug test. A search shall be conducted by qualified staff in accordance with s. DOC 376.13 (1) (d), except that cause is not required if a court has ordered a body contents search.

(2) A supervisor may require that collection of a urine specimen be observed by staff. Staff of the same gender as a youth shall observe and collect the urine specimen.

(3) Blood and stool samples may only be collected by a licensed physician, physician’s assistant, registered nurse or other person authorized by law.

(4) X-rays shall only be conducted by licensed radiology personnel.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 392.06 Test results {#sec-doc-392.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 392.06}

(1) A provider may, consistent with state and federal law, give drug test results to staff of the provider working with a youth to assist in and promote the youth’s treatment program.

(2) Drug test results shall not be provided to staff without a need to know the drug test results to perform their duties.

(3) A provider shall require that staff administer discipline of a youth resulting from drug test results in a reasonable and equitable manner.

(4) Contracts between the department or a county department and a private agency which is authorized by the contract to administer drug tests shall include the requirements of subs. (2) and (3).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 392.07 Payment for drug testing {#sec-doc-392.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 392.07}

(1) A provider shall pay for each drug test it administers or authorizes for a youth under its supervision, whether the test is court ordered, scheduled, random or administered for cause.

(2)

(a) A provider may, as part of the conduct rules of aftercare or other community supervision, require a youth to reimburse the provider for the cost of any for cause drug test which results in a positive drug use finding.

(b) The department or county department may bill the youth’s parent(s) for the cost of drug testing.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 393 YOUTH AFTERCARE CONDUCT AND REVOCATION

Wis. Admin. Code § DOC 393.01 Authority and purpose {#sec-doc-393.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.01}

This chapter is promulgated under the authority of ss. 227.11 (2), 301.025, 938.357 (5) (g) and 938.48 (16), Stats., to establish rules of conduct for youth who are on state or county supervised aftercare, including standards and procedures for dealing with violations of expected conduct and procedures to revoke a youth’s aftercare status.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.02 Applicability {#sec-doc-393.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.02}

This chapter applies to the department, to a county department that operates an aftercare program, to any youth on aftercare under a court order issued pursuant to s. 938.34, Stats., and to any youth on aftercare under a court order issued pursuant to s. 48.34, 1993 Stats., or s. 48.366, Stats., relating to extended jurisdiction.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.03 Definitions {#sec-doc-393.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.03}

In this chapter:

(1) “Administrative detention” means secure, temporary confinement of a youth in a type 1 secured correctional facility, an approved juvenile detention center or the approved juvenile section of a county jail pending the completion of a violation investigation, the outcome of a revocation proceeding or the placement of a youth in an authorized placement as an alternative to revocation.

(2) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(3) “Aftercare” means the aftercare supervision status of a youth, as used in s. 938.34 (4n), Stats., who is released from a type 1 or type 2 secured correctional facility by the office of juvenile offender review or by action of a court under s. 938.357, Stats., and is supervised outside of a type 1 or type 2 secured correctional facility by the department or a county department until the expiration or termination of the youth’s court ordered supervision.

(4) “Aftercare provider” means the department or a county department designated by a juvenile court under s. 938.34 (4n), Stats., to provide aftercare supervision or the department under s. 938.532 (3), Stats.

Note: Section 938.532 (3), Stats., was repealed by 2003 Wis. Act 33.

(5) “Agent” means a person employed by the department or a county department who provides aftercare supervision or type 2 status supervision for a youth and who is authorized to make decisions regarding aftercare or type 2 status supervision.

(6) “Alternate care placement” means the placement of a youth, other than a youth on type 2 status, in a residential living arrangement other than the parental home.

(7) “Corrective action” means an action taken by the department or a county department to correct a youth’s behavior that may include, but is not limited to, education, development of life skills or vocational skills or community service.

(8) “Corrective sanctions program” means the program under s. 938.533, Stats.

(9) “County department” means the county department under s. 46.215, 46.22 or 46.23, Stats.

(10) “County director” means the director of the county department or that person’s designee.

(11) “County intake worker” means a person designated under s. 938.06 (3), Stats., to provide intake services.

(12) “Day” means a calendar day.

(13) “Department” means the Wisconsin department of corrections.

(14) “Division” means the department’s division of juvenile corrections.

(15) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical restraints or physical force.

(16) “Hearing examiner” means an attorney employed by the Wisconsin department of administration to conduct revocation hearings under this chapter.

(17) “Incapacitating agent” means any commercially manufactured device or chemical agent used by the department to temporarily control a youth.

(18) “Investigation” means a process of fact-finding to determine whether a violation of aftercare has occurred, including the period of time needed to determine the appropriate action if a violation is substantiated.

(19) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

(20) “OJOR” means the division’s office of juvenile offender review.

(21) “Regional chief” means a division regional manager responsible for oversight of community correctional services, or that person’s designee.

(22) “Staff” means an employee of the department or a county department.

(23) “Summary disposition” means a written determination that a violation was committed and a consequence other than revocation shall be imposed.

(24) “Superintendent” means the superintendent of a Type 1 secured correctional facility or that person’s designee.

(25) “Supervision” has the meaning given in s. 938.505 (1), Stats.

(26) “Supervisor” means a department or a county department employee responsible for the supervision or administration of juvenile aftercare supervision, or that person’s designee.

(27) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(28) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

(29) “Type 2 status” means the status of a youth who is placed by the department in a type 2 secured correctional facility, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (am) or (c), Stats., is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.

(30) “Violation report” means a written report prepared by staff which describes facts relating to an alleged violation by a youth.

(31) “Youth” means a person under the supervision of the department or a county department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 48.366, Stats., regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (29) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 393.04 Responsibilities of the aftercare provider {#sec-doc-393.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.04}

The department or county department providing aftercare shall make reasonable efforts to ensure all of the following regarding a youth on aftercare:

(1) The youth is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.

(2) The youth is protected from abuse or neglect.

(3) The youth is provided with accessible and usable services, and any reasonable accommodations and services needed to benefit from correctional programming.

(4) The youth is provided with an interpreter if his or her ability to speak, understand, read or write English is limited.

(5) The youth is placed in the youth’s parental home when this is consistent with correctional programming and the protection of the public.

(6) The youth is involved in planning his or her ongoing correctional program.

(7) The youth has appropriate access to the courts and legal counsel.

(8) The youth has access to appropriate department, county department and community programs and services consistent with the protection of the public and the youth’s needs.

(9) The youth has his or her educational, vocational, drug or alcohol abuse, health, mental health and other programming needs met.

(10) The youth may visit, use the mail and communicate with family members or an attorney within reasonable guidelines established by the department or a county department.

(11) The youth may participate in authorized recreational and religious activities.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (1) Register June 2020 No. 774, eff. 7-1-20.

Wis. Admin. Code § DOC 393.05 Expected conduct {#sec-doc-393.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.05}

(1) A youth’s agent shall inform the youth orally and in writing of the conduct rules imposed by the agent and the conditions imposed by the court. All of the following conduct rules apply to a youth on aftercare:

(a) The youth may not violate any state, federal or municipal law or regulation.

(b) The youth shall report any arrest or law enforcement contact to his or her agent as soon as possible, but no later than 72 hours after the arrest or contact. If a youth is taken into custody, the youth shall inform the law enforcement officer and any intake worker of his or her aftercare status and the name and agency of his or her agent.

(d) The youth shall be completely truthful with his or her agent at all times.

(e) The youth shall keep all scheduled appointments with the agent and all service providers.

(f) The youth shall report to and inform his or her agent of the youth’s whereabouts and activities as directed and may not go to or be present at any place prohibited by the agent.

(g) The youth shall obtain prior permission from his or her agent to terminate employment or change employment or to drop out of or change an educational or vocational program. If an unforeseen situation occurs causing the youth to act without prior permission, the youth shall notify the agent of the change as soon as possible, but not later than 72 hours after the change.

(h) If the youth resides with his or her parents or guardian, the youth shall notify his or her agent of the family’s change of residence in advance of the change, except when this is not possible, the youth shall notify his or her agent of the change as soon as possible, but not later than 72 hours after the change.

(i) If the youth is in an alternate care placement, the youth shall obtain advance permission from his or her agent before requesting or making a change of residence.

(j) The youth may not leave the state of Wisconsin unless the youth obtains prior permission and a signed travel permit from his or her agent.

(k) The youth may not purchase, own, carry or possess a firearm, knife, any other weapon, or ammunition without prior written authorization of his or her agent. An agent may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under s. 941.29, Stats., any other state law, federal law, municipal ordinance or court order.

(L) The youth may not use or possess any drug, item or substance that is illegal to possess, any intoxicating substance or any prescription drug except as properly prescribed for the youth and used by the youth in accordance with law.

(m) The youth may not purchase, lease, possess, trade, sell, own or operate a motor vehicle without prior approval of the youth’s agent. To obtain approval to operate a motor vehicle, the youth shall demonstrate proof of insurance, have a valid Wisconsin driver’s license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the youth’s rehabilitation.

(n) The youth may not borrow money or purchase on credit without prior approval of his or her agent.

(o) The youth shall submit to and cooperate with searches of the youth, living quarters and property and with tests ordered by the department, a county department, or a placement agency consistent with law including, but not limited to, urinalysis, breathalyzer and blood tests.

(p) The youth shall follow any additional rules, given orally or in writing, that may be issued by the youth’s agent. These rules may include, but are not limited to, directions relating to any of the following:

Companions.
Hours and curfews.
Medical, mental health or dental attention.
Counseling or therapy.
Family responsibilities and child support.
Support of self, including the sources of earned and unearned income.
Educational and vocational obligations.
Job attendance.
Court obligations, including court ordered restitution and surcharges, and the collection and handling of all restitution monies.
Frequency and manner of reporting to the agent.
Conditions to be met when residing in an alternate care placement.
Payment of debts.

(2) A youth shall comply with conduct rules that his or her agent may require to achieve the goals and objectives of the youth’s aftercare or any conditions established by the court.

(3) A youth shall sign a written copy of the conduct rules established for the youth’s aftercare prior to release from a type 1 or type 2 secured correctional facility, whenever possible, or immediately upon arrival at the initial community placement.

(4) The copy of the conduct rules signed by a youth under sub. (3) shall include the following notice: “These conduct rules are in addition to any court-ordered conditions. Your aftercare may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of these conduct rules.”

(5) At a youth’s first meeting with his or her agent following the youth’s release, the agent shall personally review the conduct rules and court-ordered conditions with the youth, and the agent and the youth shall sign a copy of the conduct rules if the youth did not sign the rules prior to release from the institution. The agent may modify or supplement the youth’s conduct rules at any time, either orally or in writing. If the agent modifies or supplements the conduct rules orally, the agent shall promptly give the youth a written copy of the changed or additional conduct rule.

(6) A youth who disagrees with a conduct rule established by his or her agent may appeal the agent’s decision to the agent’s supervisor within 5 working days of the decision. The supervisor shall review the appeal and make a written response to the youth within 5 working days of receipt of the appeal, upholding, reversing, or modifying the conduct rule. If the supervisor does not make a written response, the conduct rule is upheld.

(7) If the youth is in disagreement with the supervisor’s decision, the youth may appeal that decision to the next supervisory level of the department or county department within 5 working days of the supervisor’s decision or failure to issue a decision under sub. (6). The next level supervisor shall issue the final decision of the department or county department within 5 working days of receipt of the appeal. If the next level supervisor does not make a written response, the supervisor’s decision is upheld.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.06 Use of force {#sec-doc-393.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.06}

(1) General. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to exercise force to control a youth. When it is not practical, staff may use force to control the youth in accordance with this section.

(2) Corporal punishment. Staff may not impose corporal punishment on a youth.

(3) Amount of force. Only reasonable and the minimum necessary force may be used to achieve control of a youth. Staff may not use excessive force.

(4) Non-Deadly force.

(a) Staff may use non-deadly force to control a youth only if the user of force reasonably believes its use is immediately necessary to accomplish one of the following purposes:

To prevent an escape.
To prevent death or bodily injury to oneself or another.
To prevent unlawful damage to property.
To change the location of a youth.
To take a youth into custody or transport a youth.

(b) Before non-deadly force is used to accomplish one of the purposes under par. (a), staff shall use all reasonable efforts to persuade the youth to be voluntarily taken into custody or to cease inappropriate behavior.

(5) Deadly force.

(a) Staff may use deadly force to control a youth only if the user reasonably believes that its use is immediately necessary to prevent death or great bodily harm to oneself or another.

(b) Staff may not use deadly force to control a youth if its use creates a substantial danger of harm to an innocent third party, unless the danger created by not using deadly force is greater than the danger created by its use.

(6) Follow up after the use of force.

(a) After staff use force to control a youth, the youth and any involved staff shall immediately be checked for injury. If the youth or staff have been injured, the staff shall immediately seek appropriate medical treatment of any injury to the youth or staff. A supervisor shall be notified immediately of any injury to the youth or staff.

(b) When force is used against a youth, all staff who observed or were involved in the incident, shall submit a written record to a supervisor within 24 hours of the incident. The record shall describe the use of force and be placed in the youth’s file. The record shall include all of the following:

The youth’s full name and the date, time and place force was used against the youth.
The name of all staff who used force against the youth.
The reason for using force.
The names of all persons who observed the use of force.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.07 Mechanical restraints {#sec-doc-393.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.07}

(1) General. Staff may use mechanical restraints to control the behavior of a youth or transport a youth in accordance with this section.

(2) Reasons for using mechanical Restraints. Mechanical restraints may be used for any of the following purposes:

(a) To take a youth into custody

(b) To transport a youth

(d) To prevent unlawful damage to property

(e) To change the physical location of a youth

(f) To prevent a youth from escaping

(3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

(a) As a method of punishment

(b) About the head or neck of a youth

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth

(d) To secure a youth to a motor vehicle

(4) Mechanical restraint procedures.

(a) Custody and transportation. When staff place a youth in mechanical restraints to take the youth into custody and transport the youth, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(b) Behavior control. When staff place a youth in mechanical restraints to control the youth’s behavior under sub. (2) (c), (d), (e) or (f), staff shall remove the restraints as soon as staff believe the restraints are no longer necessary to control the youth’s behavior. Restraints shall be used at all times while the youth is being transported in a secure manner under sub. (2) (b).

(c) Observation. Staff shall observe a youth placed in mechanical restraints at least once every 15 minutes until the restraints are removed or until the youth’s admission to a place of secure confinement or into custody. Staff shall maintain a written record of the observations including the date and times staff observed the youth, name of the person making the observation, and comments on the youth’s condition and behavior while in restraints.

(d) Services and privileges. A youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so or the youth is being transported in a secure manner. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

(e) Check for injury. When staff use mechanical restraints, the youth shall be checked for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

(f) Record. When staff use mechanical restraints to control a youth’s behavior under sub. (2) (c), (d), (e) or (f), a supervisor shall be notified as soon as possible. Staff shall submit to a supervisor a written report describing the incident within 24 hours and include in the youth’s file. The report shall include all of the following:

The youth’s full name and the date, time and place the youth was placed in mechanical restraints.
The name of staff who placed the youth in restraints.
The reason for placing the youth in restraints and a description of the restraints used.
A statement indicating when and under what circumstances the restraints were removed.

(5) Equipment. Staff shall only use mechanical restraints approved by the department. Staff shall examine the supply of mechanical restraints at least every 6 months. Any mechanical restraints which are excessively worn or which become defective through use shall be delivered to a supervisor to be destroyed.

(6) Annual report. Each regional chief shall submit an annual report to the administrator describing all incidents involving the use of mechanical restraints by program staff to control youth behavior under sub. (2) (c), (d), (e) or (f).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) (f) made under s. 35.17, Stats., Register November 2018 No. 755.

Wis. Admin. Code § DOC 393.08 Chemical agents and weapons {#sec-doc-393.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.08}

(1) Oleoresin of capsicum. For the purpose of this section, “oleoresin of capsicum” means oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

(2) Use of oleoresin of capsicum. Staff may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a) and (c), Stats., while on duty and only under all of the following conditions:

(a) If approved by the department.

(b) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

(c) While acting in self-defense or defense of a third person, as permitted under ss. 939.48 and 941.26 (4) (c) 1., Stats.

(3) Approved products. Staff may carry and use only the chemical products and delivery systems approved by the department.

(4) Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.

(5) Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

(6) Firearms or other weapons. Staff may not carry a firearm or other weapons while on duty.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.09 Search and seizure {#sec-doc-393.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.09}

(1) General. Staff may conduct a search of a youth and a youth’s living quarters or property at any time, subject to this section. In this section:

(a) “Living quarters” means a private bedroom, common familial or communal living areas and areas under a youth’s control or to which the youth has access, including, but not limited to, the grounds and motor vehicles.

(b) “Property” means objects under a youth’s control, regardless of ownership.

(2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

(a) When staff have a reasonable belief that a youth possesses contraband.

(b) After the youth has been taken into custody and before transporting the youth.

(d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

(e) At random with the prior authorization of a supervisor.

(f) At the direction of a supervisor.

(3) Strip search.

(a) A strip search may be conducted in addition to a personal search for any reason stated in sub. (2) only when staff have a reasonable belief that the youth is concealing contraband secreted within the youth’s underclothing or external body areas, and the youth refuses to voluntarily give the suspected contraband to staff.

(b) Staff shall obtain prior approval from a supervisor before conducting a strip search. The supervisor may approve the strip search if the supervisor determines that the requirements of par. (a) are met.

(c) A strip search shall be conducted in a clean and private place by a person of the same sex as the youth being searched. The search shall be conducted by two persons of the same sex as the youth when possible.

(4) Body contents search.

(a) Staff may conduct a body contents search if staff have a reasonable belief that a youth has consumed an intoxicating substance or is concealing contraband in a manner that might be discovered by such a search and prior authorization has been obtained from a supervisor.

(b) Staff may require a youth to submit to routine drug and alcohol tests for cause as part of a routine testing of all youth in a program or as part of a random testing program.

(c) When an agent or supervisor requires that collection of a urine specimen be observed, staff of the same sex as the youth shall observe and collect the urine specimen.

(d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.

(e) X-rays may be conducted only by licensed radiology personnel.

(5) Reasonable grounds to believe. In deciding whether a reasonable belief exists under subs. (2), (3) and (4), all of the following shall be considered:

(a) Observations of staff.

(b) Information provided by a reliable informant.

(6) Search of living quarters and property.

(a) Staff may search a youth’s property and living quarters at any time with the approval of a supervisor. Whenever practical, staff may request the assistance of law enforcement authorities to assist in a search.

(b) If a parent or other adult with whom a youth resides denies access to any part of the property or living quarters referred to in par. (a), the youth’s agent may require the youth to move to another placement approved by the department.

(c) There is no requirement that there be any evidence that contraband is concealed in the property or living quarters of a youth before a search is conducted.

(d) A supervisor shall approve a search before it occurs, unless exigent circumstances, such as suspicion that the youth will destroy contraband or use a weapon, require a search without approval.

(e) Staff who conduct a search shall prepare a written report of the search which shall state all of the following:

The identity of staff who conducted the search and the supervisor who approved it.
The date and time of the search.
The identity of the youth whose residence or property was searched.
The location of the property which was searched.
The reason for conducting the search and whether the search was a random search.
Any objects that were seized pursuant to the search.
Whether any damage was done to the premises during the search.

(f) If any objects were seized or property was damaged during the search of a youth’s property or living quarters, the youth shall be informed in writing. A youth shall be reimbursed for the repair or replacement of damaged property that is not contraband. Property which is damaged shall be valued at its fair market value, not its replacement cost.

(g) Staff shall confiscate items believed to be contraband and report those items to the appropriate law enforcement authorities. Contraband shall be disposed of consistent with s. DOC 376.18.

(h) In conducting a search, staff shall disturb the effects of a youth as little as possible, consistent with thoroughness.

(i) Staff shall not read legal materials belonging to a youth during a search.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.10 Custody and transporting {#sec-doc-393.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.10}

(1) General. Staff may request that law enforcement authorities take a youth into custody and transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility whenever practical. When assistance is not available, staff may take a youth into custody and transport the youth in accordance with this section.

(2) Transporting. When staff takes a youth custody, the youth shall be transported as soon as practical.

(3) Personnel. Staff shall transport a youth in a secure manner to a secure facility and adequate staff shall supervise the transport consistent with department policies and procedures.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.11 Finding of violation {#sec-doc-393.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.11}

A youth may be found to have violated a conduct rule or a court-ordered condition of aftercare under s. DOC 393.05 if any of the following applies:

(1) The youth committed the conduct prohibited by the conduct rule or court-ordered condition.

(2) The youth was convicted or was adjudicated delinquent for violating a criminal law or municipal ordinance.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.12 Staff response to alleged violation {#sec-doc-393.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.12}

(1) Investigation. An agent who has reason to believe that a youth violated a conduct rule or court-ordered condition of aftercare shall investigate the matter. The investigation shall include an interview with the youth to discuss the alleged violation within a reasonable period of time after the agent becomes aware of the allegation.

(2) Action. If following the investigation under sub. (1), the agent concludes that a youth committed a violation, the agent shall take one of the following actions:

(a) Counseling.

‘Procedure.’ If the violation is minor and does not present a substantial or immediate risk to the community or the youth, the agent may review the conduct rules and court-ordered conditions of aftercare with the youth, inform the youth why the conduct is a violation and direct the youth to take corrective action. Counseling may be the appropriate course of action if any of the following apply:

a. The youth is unfamiliar with the conduct rule or court-ordered condition.

b. The youth has not previously violated the same or a closely related conduct rule or court-ordered condition.

c. The youth is unlikely to repeat the behavior if warned and counseled.

d. The youth’s ability to understand the conduct rules or court-ordered conditions is limited or impaired.

e. Summary disposition or revocation is not appropriate.

‘Record.’ The agent shall place a brief written record in the youth’s supervision file that describes the youth’s violation and the counseling the agent provided to the youth.

(b) Summary disposition.

‘Procedure.’ The agent may inform the youth that the youth’s conduct is in violation of a conduct rule or court-ordered condition of aftercare and do one or more of the following:

a. Explain the conduct rules and court-ordered conditions and warn the youth that further violations may result in revocation of the youth’s aftercare.

b. Modify or supplement the conduct rules.

c. Require the youth to take corrective action.

d. Further restrict the youth’s placement or supervision.

‘Report.’ When the agent imposes a summary disposition, the agent shall prepare a written violation report consistent with s. DOC 393.13.
‘Appeal.’

a. A youth may appeal a summary disposition to the next supervisory level within the department or the county department either orally or in writing within 5 days of its imposition. That supervisor shall review the action and issue a final written decision within 5 working days of receipt of the appeal. The agent shall record the appeal decision in the youth’s file. If the supervisor does not issue a written decision within 5 working days, the disposition is upheld.

b. The filing of an appeal by a youth may not delay the imposition of the summary disposition pending outcome of the appeal.

(c) Initiation of revocation proceedings. The agent may recommend to the department or county department that revocation proceedings be initiated. The department or county department shall consider the following prior to initiating revocation proceedings:

The youth’s committing offense.
The youth’s past conduct and the positive and negative adjustments while on aftercare.
Previous violations that have occurred and the disposition of each.
The seriousness of the violation.
The alternatives to revocation.
Why alternatives to revocation are not appropriate and have been rejected.

(3) Revocation of youth under extended jurisdiction.

(a) The aftercare revocation procedures in ss. DOC 393.14 to 393.16 and 393.18 do not apply to a youth subject to extended jurisdiction under s. 48.366, Stats.

(b) When the aftercare provider decides to initiate revocation proceedings for a youth subject to extended jurisdiction, the aftercare provider shall file a petition for revision of the court order with the committing court requesting revocation of the youth’s aftercare status.

(4) Administrative detention.

(a) If an aftercare provider initiates revocation proceedings, the aftercare provider may place a youth under its supervision on administrative detention pending the outcome of the revocation proceedings. The administrative detention decision shall be based upon the alleged violation and the youth’s past conduct. The aftercare provider may hold the youth on administrative detention if it is likely that any of the following will occur if the youth remains in the current placement:

The youth will seek to intimidate a witness in a pending investigation, disciplinary action or revocation action.
The youth will encourage others by example, expressly or by the youth’s presence, to defy staff authority and thereby erode the staff’s ability to control a particular situation.
The youth will present a substantial danger to the physical safety of himself or herself or another person.
The youth will attempt to flee.
Criminal, disciplinary or revocation proceedings will be inhibited.
The youth will commit a crime.
The youth will engage in an activity that violates a conduct rule or court-ordered condition of aftercare.
The youth will not achieve the goals and objectives of his or her aftercare.

(b) If a youth under aftercare supervision of the department is removed from an approved placement, whether from the youth’s own home or from an alternate care placement and a suitable alternative placement is not readily available, the department may place the youth at a type 1 secured correctional facility on administrative detention until a suitable alternate placement is found. If a suitable alternate placement is not found within 30 days, the supervisor shall notify the regional chief of the youth’s status. If a suitable alternate placement is not found within 60 days, the regional chief shall notify the administrator.

(c) When the aftercare provider decides to place a youth on administrative detention, the aftercare provider may request that the youth be taken into custody under s. 938.19 (1) (d) 6., Stats. and released to the aftercare provider under s. 938.20 (2) (cm), Stats.

(d) The department may place a youth in a type 1 secured correctional facility or a secure detention facility within the meaning of s. 938.02 (16), Stats., pending the outcome of revocation proceedings.

Note: Section 938.02 (16), Stats., was renumbered to s. 938.02 (10r), Stats., and the term “secure detention facility” was changed to “juvenile detention facility” by 2005 Wis. Act 344.

(e)

If the aftercare provider places a youth on administrative detention, the aftercare provider shall give the youth a written notice explaining why the youth is on administrative detention pending the outcome of the revocation proceeding.
The aftercare provider shall give the notice to the youth no later than the 7th day after the day the youth was placed on administrative detention. The notice shall state the reason why revocation of aftercare has been initiated and shall identify the basis for administrative detention under par. (a).
The notice shall inform the youth that he or she may appeal the administrative detention decision to the next supervisory level in writing at any time prior to the revocation hearing.
The supervisor reviewing the appeal shall respond in writing to the youth within 7 days after receipt of the appeal. Failure of the supervisor to respond upholds the administrative detention decision.
The youth may appeal the decision of the supervisor to the administrator at any time prior to the revocation hearing. The administrator shall respond in writing to the youth within 7 days after receipt of the appeal. Failure of the administrator to respond upholds the administrative detention decision.
The original administrative detention decision shall remain in effect pending the decision on the appeal.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 393.13 Violation report {#sec-doc-393.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.13}

(1) When a violation results in a summary disposition, initiation of revocation proceedings or the youth is taken into custody by law enforcement for a violation of a law, the assigned agent shall prepare a written violation report. The violation report shall include all of the following:

(a) A description of the alleged misconduct, including any conflicting versions of the nature or circumstances of the alleged violation.

(b) The alleged victim’s statement or a statement of the impact on the alleged victim.

(d) A description of any alleged violations of the law, any statement or confession to law enforcement, guilty plea, pending charges, a prosecutor’s recommended disposition or a conviction for the conduct underlying the alleged aftercare violation, if known.

(e) A list of all conduct rules and court-ordered conditions the youth allegedly violated.

(f) A description of the agent’s investigation and statement of the agent’s conclusions.

(g) Information about the custody status of the youth.

(h) Any recommendation for revocation of aftercare and the reasons for the recommendation, or a description of the specific summary disposition imposed under s. DOC 393.12 (2) (b).

(2) The assigned agent shall maintain the violation report in the youth’s file.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.14 Preparation for revocation hearing {#sec-doc-393.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.14}

(1) Notice. Prior to a revocation hearing, the agent shall serve the youth with written notice of the hearing. If the youth is being held on administrative detention under s. DOC 393.12 (4), the notice shall be served no later than the 7th day after the day on which the youth was taken into physical custody in Wisconsin. If the youth is not in physical custody, the notice shall be served on the youth at least 14 days prior to the scheduled revocation hearing. The agent shall also send a copy of the notice to the hearing examiner’s office and to the youth’s attorney. The notice shall include:

(a) A statement of the alleged violation.

(b) A statement of the conduct rule or court-ordered condition of aftercare that the youth allegedly violated.

(c) A statement that a revocation hearing has been scheduled under this section and an explanation of the youth’s rights at that hearing including:

The right to be present.
The right to be represented by an attorney.
The right to deny the allegation and to speak on his or her own behalf.
The right to present evidence.
The right to present witnesses and the right to question witnesses.
The right to receive a written decision stating the reasons for the decision based upon the evidence and testimony presented.

(d) A statement of the evidence to be considered at the hearing which may include:

Documents.
Physical evidence.
Results of a breathalyzer test.
Incriminating statements by the youth.
All law enforcement reports regarding the allegation.
All warrants issued relating to the allegation.
Relevant photographs.

(e) A statement that the youth has the right to waive the revocation hearing in accordance with sub. (3), in which case the administrator or the director of the county department, shall decide whether to revoke the youth’s aftercare.

(f) A statement that whatever relevant information or evidence is in the possession of the department or county department is available for inspection, unless the hearing examiner determines that the information or sources of information may be kept confidential.

(g) The date, time and place of the hearing.

(2) Reissuance of notice. When the notice of a revocation hearing is found to be improper and the impropriety results in the dismissal of the revocation proceedings, the department or county department may reinitiate revocation proceedings by issuing a proper notice.

(3) Waiver.

(a) A youth served with notice under sub. (1) or sub. (2) may waive the right to a revocation hearing, including the right to be represented by an attorney at that hearing, if the youth waives these rights knowingly, voluntarily and in writing.

(b) The aftercare provider may not accept a waiver from a youth who is less than 14 years of age at the time of the waiver, unless the youth’s attorney approves the waiver. If a youth who is less than 14 years of age at the time of the waiver does not have an attorney, the aftercare provider may not accept a waiver unless the youth’s parent, guardian or legal custodian approves the waiver. A youth may consult with an attorney, if requested, before the youth waives any rights.

(c) The aftercare provider may not accept a waiver from a youth of any age if the aftercare provider reasonably believes that the youth lacks the mental capacity to make a reasoned and voluntary waiver of his or her rights.

(d) A youth’s waiver shall be discussed and signed in the presence of a witness who is an adult. The witness may not be an employee of the aftercare provider, unless no other witness is available.

(4) Information packet. At least 5 days prior to the day of a hearing, the agent shall send copies of the following documents to the youth and the youth’s attorney, if any:

(a) The court order placing the youth under the supervision of the department or county department.

(b) The conduct rules and court-ordered conditions signed by the youth.

(d) A case history review summary.

(e) A statement from any unavailable witness and an statement explaining why the witness is unavailable.

(f) The document used by the agent to recommend revocation.

(g) The department’s aftercare revocation notice, rights, acknowledgment and waiver form.

(5) Review of evidence. At least 2 days prior to the day of the hearing, the youth and the youth’s attorney, if any, may review all evidence to be submitted by the aftercare provider at the hearing, except evidence that the hearing examiner determines should not be disclosed, such as the identity of confidential informants.

(6) Harmless error. When a procedural requirement under this chapter is not met by the aftercare provider, the error shall be considered harmless and disregarded if it does not substantially affect the rights of the youth. Rights are substantially affected when a variance from a requirement prejudices a fair revocation proceeding for the youth.

(7) Concurrent prosecution. All revocation proceedings under this chapter may proceed regardless of any concurrent prosecution of a youth for the conduct underlying the alleged aftercare violation. Dismissal or acquittal in a court proceeding for a youth’s conduct underlying an alleged violation does not preclude revocation of that youth’s aftercare for the same conduct.

(8) Decision to terminate revocation proceedings. At any time during the revocation proceedings, the aftercare provider may terminate the revocation proceedings in order to implement an alternative course of action. If the youth has been held on administrative detention during the proceedings, the youth shall, following the decision to terminate the proceedings, be released to an alternative placement approved by the aftercare provider at the earliest practical time. This placement may be the previous placement from which the youth was initially removed, or an alternative placement.

(9) Corrective sanctions program. An aftercare provider may place a youth in the corrective sanctions program immediately following a revocation if all of the following have occurred:

(a) The youth has waived the revocation hearing.

(b) The administrator or county director has signed the order revoking the youth’s aftercare.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.15 Procedure for youth on state aftercare when hearing right is waived {#sec-doc-393.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.15}

(1) Supervisor’s recommendation. When a youth on state-provided aftercare waives his or her right to a revocation hearing under s. DOC 393.14 (3), a supervisor may recommend that the administrator revoke the youth’s aftercare.

(2) Record. When a supervisor recommends revocation under sub. (1), the supervisor shall forward the youth’s revocation notice and waiver, all documents required under s. DOC 393.14 (4) and the evidence referred to in s. DOC 393.14 (1) (d) 1., 3., 4. and 5. to the administrator within 14 days after acceptance of the waiver, unless the administrator grants an extension for cause.

(3) Administrator’s decision.

(a) The administrator after reviewing the documents and evidence under sub. (2) may revoke the youth’s aftercare. The administrator’s written decision shall state the reasons why the youth’s aftercare was revoked or not revoked.

(b) The administrator shall forward a copy of the decision to the youth, the youth’s attorney, if any, and the youth’s agent within 14 days after the administrator receives the documents and evidence under sub. (2).

(c) If the youth is in custody at a type 1 secured correctional facility, the administrator shall promptly forward a copy of the decision to the type 1 secured correctional facility.

(d) If the youth was not in custody during the revocation proceedings, the administrator shall direct the youth be taken into custody and transferred to a type 1 secured correctional facility.

(e) If the youth’s aftercare is not revoked, the administrator shall remand the youth’s case to the youth’s agent and the agent’s supervisor for alternative planning and placement.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.16 Procedure for youth on county aftercare when hearing right is waived {#sec-doc-393.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.16}

(1) Supervisor’s recommendation. When a youth on county-provided aftercare waives the revocation hearing under s. DOC 393.14 (3), the county agent’s supervisor may recommend that the director of the county department revoke the youth’s aftercare.

(2) Record. When the recommendation under sub. (1) is to revoke the youth’s aftercare status, the county agent’s supervisor shall forward the notice of revocation and waiver, all documents required under s. DOC 393.14 (4) and the evidence referred to in s. DOC 393.14 (1) (d) 1., 3., 4. and 5. to the county director within 14 days after acceptance of the waiver, unless the county director grants an extension for cause.

(3) County director’s decision.

(a) The county director after reviewing the documents under sub. (2) may revoke the youth’s aftercare. The county director shall issue a written decision, stating the reasons why the youth’s aftercare was revoked or not revoked.

(b) The county director shall forward copies of the decision to the youth, the youth’s attorney, if any, and the youth’s agent within 14 days after the county director receives the documents and evidence under sub. (2).

(c) The county director shall promptly forward the decision and all documents required under s. DOC 393.14 (4) to the department and to the type 1 secured correctional facility designated by the department to receive the youth following the revocation.

(d) If the youth was not in custody during the revocation proceedings, the county director shall direct that the youth be taken into custody and arrangements made for the youth to be transferred to the designated type 1 secured correctional facility.

(e) If the youth’s aftercare is not revoked, the youth’s case shall be remanded by the county director to the youth’s agent and the agent’s supervisor for alternative planning and placement.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.17 Petition for change in placement by the court {#sec-doc-393.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.17}

(1) A aftercare provider may, in lieu of an administrative hearing, petition the committing court under s. 938.357 (3), Stats., for a change in placement to a type 1 secured correctional facility.

(2) If a youth who has been released to aftercare by the court violates a condition of supervision imposed by the court or the department, the administrator may direct that a petition be filed with the court requesting revocation.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 393.18 Revocation hearing {#sec-doc-393.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.18}

(1) General. The revocation hearing process shall be governed by ch. HA 2, except for those provisions in sub. (2).

(2) Exceptions.

(a) Time limit. A revocation hearing for a youth on aftercare shall be held within 30 days after the youth was taken into custody in Wisconsin for an alleged violation, in accordance with s. 938.357 (5) (d), Stats., unless this time limit is waived under par. (b).

(b) Waiver of revocation hearing time limit. The 30-day required time limit in par. (a) may be waived only upon agreement of the aftercare provider, the youth and the youth’s attorney, if any.

(d) Parents. The youth’s parents or guardian may attend the hearing.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.19 Return of a youth to a type 1 secured correctional facility {#sec-doc-393.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.19}

(1) If a youth on state aftercare is held on administrative detention at a type 1 secured correctional facility, the signed revocation order of the administrator of the division of hearings and appeals, if there has been a hearing, or the signed revocation order of the administrator, if the hearing has been waived, shall serve to revoke the youth’s aftercare and authorize transfer of supervision of the youth to a type 1 secured correctional facility.

(2) If a youth on county-provided aftercare has been held on administrative detention at a secure detention facility, the signed revocation order of the administrator of the division of hearings and appeals, if there has been a hearing, or the signed revocation order of the county director, if the hearing has been waived, shall serve to revoke the youth’s aftercare and authorize return of the youth to a type 1 secured correctional facility.

(3) If a youth or the youth’s attorney files an appeal of the revocation order, the appeal shall not delay transfer of the youth to supervision at a type 1 secured correctional facility pending outcome of the appeal.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 393.20 Youth complaint procedure {#sec-doc-393.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 393.20}

(1) General. A youth may file a complaint to obtain administrative review of issues related to the youth’s aftercare that personally affect the youth.

(2) Objectives. The objectives of this procedure include all of the following:

(a) To allow youth to raise questions regarding a decision affecting their supervision.

(b) To encourage communication and cooperation between youth and staff.

(3) Scope. The youth complaint procedure may be used by any youth on aftercare to review a decision that affects the youth personally, except a decision regarding any of the following:

(a) Revocation.

(b) Custody and detention.

(d) Denial of use or possession of a firearm as governed by law.

(e) Conduct rules or court-ordered conditions of supervision.

(f) Discharge of a youth prior to the original discharge date of the youth’s order for supervision.

(g) Decisions of OJOR.

(h) A rule of the department.

(i) Matters over which the department has no authority.

(j) An issue which a youth may appeal under this chapter or any department rule or a decision issued by the department in response to an appeal filed by a youth under this chapter or any department rule.

(4) Filing a complaint.

(a) A youth may initiate a review of a decision by filing a complaint within 5 days of the decision with his or her agent. The agent shall promptly forward the complaint and a statement of the facts and the reasons for the decision to his or her supervisor.

(b) The agent shall attempt to informally resolve the complaint. Any resolution agreed to by the agent and the youth shall be documented in the youth’s file.

(5) Supervisor’s investigation and decision.

(a) The supervisor shall review the complaint and the agent’s statement and may interview the youth or others to investigate the complaint. The supervisor shall issue a written decision within 7 days of receipt of the request for review, stating the reasons for the decision. The youth and the agent shall be given copies of the decision.

(b) If no decision is issued within the 7 day time period, the agent’s decision is affirmed and the youth may appeal under sub. (6).

(6) Appeal of the supervisor’s decision.

(a) The youth may appeal the supervisor’s decision to the regional chief in writing within 5 days of receipt of the decision or the failure to issue a decision under sub. (5) (b). The appeal shall state the reasons for the appeal and request further review.

(b) The regional chief shall review the youth’s complaint and the supervisor’s decision, may investigate the complaint and shall issue a final decision within 7 days of receipt of the appeal, stating the reasons for the decision. Copies of the decision shall be sent to the youth, the agent and the agent’s supervisor.

(7) Effect of appeal on a disputed decision. During the period required under this section for investigation or review of any complaint, all affected parties shall comply with the decision currently under dispute.

(8) Expedited appeal. If the time limits provided in this section would effectively moot the complaint, the supervisor or regional chief shall make all reasonable efforts to expedite the complaint review or appeal.

(9) Penalties.

(a) A youth may not be penalized for filing a complaint under this section.

(b) Notwithstanding par. (a), a youth may be subject to discipline, including revocation of the youth’s aftercare, if the youth knowingly made a false allegation or complaint.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 394 TYPE 2 CHILD CARING INSTITUTIONS

Wis. Admin. Code § DOC 394.01 Authority and purpose {#sec-doc-394.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.01}

This chapter is promulgated under the authority of ss. 227.11 (2), 301.08 (1) and 938.539 (6), Stats., to provide rules for treatment of youth in a type 2 CCI.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.02 Applicability {#sec-doc-394.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.02}

This chapter applies to the department, county departments, CCIs and to youth placed under the county supervision by a court under s. 938.34 (4d), Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.03 Definitions {#sec-doc-394.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.03}

In this chapter:

(1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(2) “Bodily injury” means physical pain or injury, illness or any impairment of physical condition.

(3) “Corporal punishment” means the intentional infliction of physical pain as a means of discipline.

(4) “County agent” means a person, or that person’s designee, employed by the county, who provides community supervision for a youth and who is authorized to make decisions regarding community supervision matters.

(5) “Day” means a calendar day.

(6) “Department” means the department of corrections.

(7) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical restraints or physical force.

(8) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

(9) “Reasonably believe” means that the actor believes that a certain fact exists and such belief under the circumstances is reasonable even though the belief may be erroneous.

(10) “Staff” means the employees of a child caring institution that is designated by the department as a type 2 CCI.

(11) “Supervisor” means a CCI staff person responsible for the supervision of type 2 CCI staff and program services in a type 2 CCI.

(12) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(13) “Type 2 CCI” means a type 2 child caring institution which has the meaning given in s. 938.02 (19r), Stats.

(14) “Type 2 status” means the status of a youth who is placed by a court in a type 2 CCI, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (c) 2., Stats., is under the supervision and control of the county department, is subject to the rules and discipline of the county department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.

(15) “Youth” means a person under the supervision of a county department under s. 938.34 (4d), Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.04 Designation as a type 2 CCI {#sec-doc-394.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.04}

To be designated by the department as a type 2 CCI, a CCI shall apply to the department for designation as a type 2 CCI by meeting the following requirements:

(1) Agree to abide by the provisions of this chapter and type 2 CCI policies and procedures that the facility agrees to by contract with the department or a county department.

(2) Obtain approval of the department of health and family services to operate a CCI and a type 2 CCI and abide by the rules, policies and procedures of the department of health and family services.

(3) Require staff who are authorized to use physical force and mechanical restraints on a type 2 status youth to complete a training program and periodic retraining approved by the department. Training shall include incident prevention and de-escalation and the safe and correct use of physical and mechanical restraints. Evidence of successful completion of training shall be retained in staff personnel files.

(4) Develop and maintain policies and procedures specific to type 2 status youth as required by the department and the department of health and family services, including policies and procedures for notifying type 2 status youth under s. DOC 394.07.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.05 Maintaining designation {#sec-doc-394.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.05}

To maintain designation by the department as a type 2 CCI, a CCI shall continue to meet the requirements of s. DOC 394.04.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.06 Violation of designation requirements {#sec-doc-394.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.06}

(1) If the department of health and family services cites a type 2 CCI for a violation of standards, the type 2 CCI shall notify the designated department contact person within 48 hours of receiving the citation, excluding weekends and legal holidays, and send a copy of the written citation to the department within 3 days of receiving the citation.

(2) If the department of health and family services withdraws its approval for the operation of a CCI or its approval to operate a type 2 CCI, the department shall withdraw the CCIs type 2 CCI designation.

(3) If a type 2 CCI violates a provision of this chapter or a contract provision under s. DOC 394.04 (1), the department may take one or more of the following actions:

(a) Send the type 2 CCI a written notice of the violation and require the type 2 CCI to correct the violation within a specified period of time.

(b) Remove the CCIs type 2 CCI designation and send notice of the removal to the juvenile courts, county departments, and department of health and family services.

(4) A type 2 CCI may appeal a department decision under sub. (2) or (3) by filing an appeal with the division of hearings and appeals in the department of administration under ch. 227, Stats., in the manner specified by the division of hearings and appeals.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.

Wis. Admin. Code § DOC 394.07 Notification to youth {#sec-doc-394.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.07}

(1) Required notification. A county agent shall notify a type 2 status youth at or prior to intake, and a supervisor or designee of the type 2 CCI shall notify type 2 status youth at intake of all of the following:

(a) The rules of the type 2 CCI that the youth is to follow, and the possible consequences if the youth violates a rule, including placement in a type 1 secured correctional facility for up to 10 days without a hearing.

(b) The definition of escape and the possible consequences of escape, including placement in a type 1 secured correctional facility for up to 10 days without a hearing.

(c) The procedure that the type 2 CCI and the county department will follow in the event of an alleged rules violation or escape, including the youth’s rights to request review of an allegation or a decision by the type 2 CCI or the county department.

(2) Acknowledgment. A type 2 CCI shall have a youth acknowledge in writing that he or she has been notified of the items in sub. (1) and understands the notification. A copy of the acknowledgment, or if the youth refuses to acknowledge, a report of the notification, shall be placed in the youth’s file.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.08 Escape {#sec-doc-394.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.08}

(1) Definition. A youth placed in a type 2 CCI who has physically left the grounds of the facility, or a youth in that placement who is subsequently placed in a less restrictive placement under s. 938.357 (4) (c) 2., Stats., shall be considered to have escaped if the youth is absent without permission from or leaves one or more of the following placements or scheduled activities without permission:

(a) The youth’s residence or other assigned placement.

(b) A scheduled school classroom or training site.

(d) An assigned report center or other department office.

(e) Any other scheduled program or activity, including an authorized treatment program, community service assignment or any other activity established in the youth’s daily schedule.

(f) Any other place to which the youth has been assigned, including an approved home visit.

(2) Supervisor. Staff shall promptly notify a supervisor whenever a type 2 status youth escapes.

(3) Law enforcement. When staff reasonably believe that a type 2 status youth placed in a type 2 CCI has escaped, staff shall immediately contact law enforcement authorities to request apprehension.

(4) Apprehension. Staff approved by the department under s. 938.08 (3) (a), Stats., may take a youth who has escaped into physical custody.

(5) County. A type 2 CCI shall promptly notify a county agent from the supervising county whenever a type 2 status youth under the supervision of the county escapes.

(6) Referral for escape. A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by a county department to a district attorney for consideration of charges regarding the escape.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.09 Use of physical force {#sec-doc-394.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.09}

(1) Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, trained staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.

(2) Corporal punishment. Staff may not impose corporal punishment on any youth.

(3) Amount of physical force. Only reasonable and the minimum necessary force may be used stop a youth in the act of escaping or to apprehend a youth under s. 938.08 (3), Stats. Staff may not use excessive force. All of the following procedures apply to the use of force to unless use of the procedures would facilitate an escape:

(a) Staff shall not attempt to physically handle a youth until sufficient trained staff are present for a show of physical force.

(b) Staff shall ask a youth to voluntarily comply.

(d) Trained staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.

(4) Follow-up after the use of force.

(a) After staff use force on a type 2 status youth under sub. (1), the youth and involved staff shall immediately be checked by staff for injury. If the youth or staff have been injured, staff shall immediately seek appropriate medical treatment of the injury. A supervisor shall be notified immediately of the use of force and any injury to youth or staff.

(b) The type 2 CCI shall promptly notify the department and the county department having supervision over the youth of the use of force, but not later than 24 hours after the use of force. A written report describing the incident shall be submitted by staff involved in the use of force to a supervisor within 24 hours of the incident. The report shall be included in the youth’s file. The type 2 CCI shall send a copy of the written report to the department, the appropriate county department and the appropriate regional licensing office of the department of health and family services within 3 days of the incident. The report shall include all of the following:

The youth’s full name and the date, time and place force was used against the youth.
The name of all staff who used force against the youth.
All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).
The reason for using force.
The names of all persons who observed the use of force and their written accounts of the occurrence or a report of their accounts.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 394.10 Mechanical restraints {#sec-doc-394.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 394.10}

(1) General. Trained staff may use mechanical restraints only in accordance with this section.

(2) Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:

(a) To stop a type 2 status youth in the act of escaping.

(b) To transport a type 2 status youth who has escaped and been apprehended.

(c) To temporarily restrain a type 2 status youth in the type 2 CCI until the youth can be transported to a secure detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

(a) As a method of punishment.

(b) About the head or neck of a youth.

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth.

(d) To secure a youth to a motor vehicle.

(4) Mechanical restraint procedures.

(a) Custody and transportation. When trained staff place a type 2 status youth in mechanical restraints to take the youth into custody and transport the youth after an escape or an attempted escape, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(b) Observation. Staff shall remain with a type 2 status youth placed in mechanical restraints at all times until the restraints are removed or until the youth is admitted to a place of secure confinement or is taken into custody by law enforcement authorities.

(c) Services and privileges. A type 2 status youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

(d) Check for injury. When staff use mechanical restraints, the type 2 status youth shall be checked for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

(e) Record. When staff use mechanical restraints to take a type 2 status youth into physical custody, staff shall promptly notify a supervisor. The type 2 CCI shall promptly notify the department and the county department having supervision over the youth, but no later than 24 hours after the occurrence. A written report describing the incident shall be submitted by staff to a supervisor within 24 hours and included in the youth’s file. The type 2 CCI shall send a copy of the written report to the department or county department and to the appropriate regional licensing office of the department of health and family services within 3 days of the incident. The report shall include all of the following:

The youth’s full name, date, time and place the youth was placed in mechanical restraints.
The name of staff who placed the youth in restraints.
All relevant facts related to the incident that required the use of restraints.
The reason for placing the youth in restraints and a description of the restraints used.
A statement indicating when and under what circumstances the restraints were removed.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DOC 396 TYPE 2 SECURED CORRECTIONAL FACILITIES

Wis. Admin. Code § DOC 396.01 Authority and purpose {#sec-doc-396.01 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.01}

(1) This chapter is promulgated under the authority of ss. 227.11 (2), 938.533 (2), 938.538 (7) and 938.539 (6), Stats., to provide rules for all of the following:

(a) The community-based corrective sanctions program for youth who have been placed under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or 938.357 (4), Stats., and placed in the program by OJOR.

(b) The SJO program for youth who have been placed under the supervision of the department under s. 938.34 (4h), Stats.

(c) Type 2 secured correctional facilities under ss. 938.357 (4) and 938.539, Stats., for youth who have been transferred to a type 2 secured correctional facility by OJOR.

(2) In this chapter, the department seeks to achieve all of the following goals:

(a) Provide a community-based option for youth who would otherwise be on aftercare, in a type 1 secured correctional facility or other placement facility.

(b) Maintain public safety and youth discipline through supervision and sanctions appropriate to the needs and requirements of youth in each program.

(c) Provide the programming, services, discipline and supervision necessary to help youth in each program make meaningful, positive changes in their lives.

(d) Encourage youth in each program to lead a crime-free life.

(e) Provide youth with education, vocational training, life skills training or employment appropriate to the youth’s abilities.

(f) Involve the youth’s family, as appropriate, with the program.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.02 Applicability {#sec-doc-396.02 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.02}

This chapter applies to the department and to youth whose supervision is transferred to the department pursuant to ss. 48.366 and 938.183, 938.34 (4h) or (4m) or 938.357 (4), Stats., who are evaluated for and selected to participate in the corrective sanctions program under s. 938.533, Stats., the community phase of the SJO program under s. 938.538, Stats., or for transfer to a community placement in a type 2 secured correctional facility under s. 938.357 (4) (am), Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755.

Wis. Admin. Code § DOC 396.03 Definitions {#sec-doc-396.03 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.03}

In this chapter:

(1) “Administrator” means the administrator of the division of juvenile corrections or that person’s designee.

(2) “Administrative detention” means secure, temporary confinement of a youth in a type 1 secured correctional facility, an approved juvenile detention center or the approved juvenile section of a county jail pending the outcome of the termination procedure in s. DOC 396.12 or transfer to an alternative type 2 status placement.

(3) “Aftercare” means the aftercare supervision status of a youth, as used in s. 938.34 (4n), Stats., who is released from a type 1 or type 2 secured correctional facility by OJOR or by action of a court under s. 938.357, Stats., and is supervised outside of a type 1 secured correctional facility by the department or a county department until the expiration or termination of the youth’s court ordered supervision.

(4) “Agent” means a person, or that person’s designee, employed by the department, who provides aftercare supervision or type 2 community supervision for a youth and who is authorized to make decisions regarding aftercare or community supervision matters.

(5) “Bodily injury” means physical pain or injury, illness or any impairment of physical condition.

(6) “Body contents search” means a search in which a youth is required to provide a sample of urine, breath, saliva, blood, stool, hair, tissue or any body fluid for testing for the presence of intoxicating substances, as defined in s. DOC 373.46 (1), in accordance with department procedures and with methods approved by the state laboratory of hygiene, or to submit to nonsurgical physical examination by medical personnel which may include, but is not limited to, x-rays for detecting the use of intoxicating substances or the possession of contraband. Body contents searches do not include examinations and tests performed by medical personnel for medical reasons.

(7) “Case plan” means a strategy or approach to address primary treatment needs of a youth using the assessment and evaluation process identified in s. DOC 371.04 (1) (e).

(8) “Chemical agent” means oleoresin of capsicum or “OC” approved by the department for use as a non-deadly force.

(9) “Close confinement” means confinement to a youth’s room with a minimum of one hour per day out of the room.

(10) “Contraband” means all of the following:

(a) Any item a youth may not possess under the conduct rules and court-ordered conditions of the youth’s community placement, including, but not limited to, unauthorized money, intoxicants, drug paraphernalia, weapons or smoking materials.

(b) Any item, the possession of which violates any law of Wisconsin or the United States, a municipal ordinance or any rule of the department.

(c) Any item a youth may possess, but which comes into his or her possession in an unauthorized manner including, but not limited to, an item that is received from a person with whom the youth is not supposed to have contact under the conduct rules or court-ordered conditions of the youth’s placement.

(d) Stolen property.

(11) “Corporal punishment” means the intentional infliction of physical pain as a means of discipline.

(12) “CSP” means the corrective sanctions program under s. 938.533, Stats.

(13) “Day” means a calendar day.

(14) “Deadly force” means force which is intended or is likely to cause death or great bodily harm to another.

(15) “Department” means the department of corrections.

(16) “Division” means the department’s division of juvenile corrections.

(17) “Electronic monitoring” means monitoring a youth’s location with an electronic device of a type approved by the administrator and worn by a youth to monitor the youth’s location during specific periods of time each day that the youth is required to be at his or her place of residence or at another approved location.

(18) “Force” means the use of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical restraints or physical force.

(19) “Great bodily harm” means bodily harm that creates a high probability of death, serious permanent disfigurement, a permanent or protracted loss or impairment of the function of any body member or organ or other serious bodily harm.

(20) “Guardian” has the meaning given in s. 938.02 (8), Stats.

(21) “JPRC” means the joint planning and review committee which makes short-term and long-term planning recommendations for youth, with members representing the type 1 secured correctional facility in which the youth resides, OJOR, the committing county and the aftercare provider.

(22) “Mechanical restraint” means a commercially manufactured device approved by the department and applied to a youth’s wrist, arm, legs or torso to restrain or impede free movement.

(23) “Modified confinement” means restriction of a youth to the youth’s assigned room with a minimum of 4 hours of out-of-room time per day.

(24) “Non-deadly force” means force which is not intended to and is not likely to cause death or great bodily harm to another.

(25) “OJOR” means the division’s office of juvenile offender review.

(26) “Parent” has the meaning given in s. 938.02 (13), Stats.

(27) “Personal search” means a search of a youth’s clothed person, including, but not limited to, inspection of the person’s pockets, frisking the person’s body, examining the person’s shoes and hat and visually inspecting the inside of a person’s mouth. A personal search does not include a strip search, body cavity search or body contents search.

(28) “Reasonably believes” or “reasonable belief” means that the actor believes that a certain fact exists and such belief under the circumstances is reasonable even though the belief may be erroneous.

(29) “Regional chief” means a division regional manager responsible for oversight of community correctional services or that person’s designee.

(30) “Report center” means a place where designated youth in a type 2 secured correctional facility shall report at specified times as a condition of program participation.

(31) “Rules of conduct” means the conditions of placement in the community.

(32) “Sanction” means any of a range of actions that staff may take when a youth violates the rules of conduct or court-ordered conditions of community supervision.

(33) “Sanction placement” means an alternative placement in a designated home, foster home, group foster home, child caring institution, secured juvenile detention center, another type 2 secured correctional facility or a type 1 secured correctional facility, when that placement is used for a specific period of time as a sanction for a youth for violation of the rules of conduct or court-ordered conditions of community supervision.

(34) “SJO” means the serious juvenile offender program defined in s. 938.538, Stats.

(35) “Staff” means an employee of the department.

(36) “Strip search” means a search in which a youth is required to remove all clothing. Permissible inspection includes examination of the youth’s clothing and visual inspection of body cavity orifices.

(37) “Superintendent” means the superintendent of a type 1 secured correctional facility or that person’s designee.

(38) “Supervisor” means a department supervisor responsible for the supervision or administration of aftercare or community correctional program services or that person’s designee.

(39) “Type 1 secured correctional facility” has the meaning given in s. 938.02 (19), Stats.

(40) “Type 2 secured correctional facility” has the meaning given in s. 938.02 (20), Stats.

(41) “Type 2 status” means the status of a youth who is placed by the department in a type 2 secured correctional facility, or who, having been so placed, is placed in a less restrictive placement under s. 938.357 (4) (am) or (c), Stats., is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a), Stats.

(42) “Youth” means a person under the supervision of the department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 48.366, Stats., regardless of age.

(43) “Youth counselor” means staff who may act as the “contact worker” under s. 938.533 (2), Stats., and are responsible for monitoring a youth’s daily activities while the youth is in a community supervision program.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (42) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (41) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

Wis. Admin. Code § DOC 396.04 Designation as a type 2 secured correctional facility {#sec-doc-396.04 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.04}

To be designated by the department as a type 2 secured correctional facility, a CCI shall do all of the following:

(1) Obtain approval to operate a type 2 secured correctional facility by the department of health and family services.

(2) Apply for designation as a type 2 secured correctional facility in a manner specified by the administrator.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.05 Maintaining designation {#sec-doc-396.05 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.05}

To maintain a designation by the department as a type 2 secured correctional facility, a CCI shall do all of the following:

(1) Abide by the provisions of this chapter and type 2 secured correctional facility policies and procedures that the facility agrees to by contract with the department.

(2) Maintain approval of the department of health and family services to operate a CCI and a type 2 secured correctional facility and abide by the rules, policies and procedures of the department of health and family services.

(3) Require staff who are authorized to use force and mechanical restraints on a type 2 status youth to complete a training program and periodic retraining approved by the department. Training shall include incident prevention and de-escalation and the safe and correct use of physical and mechanical restraints. Evidence of successful completion of training shall be retained in staff personnel files.

(4) Develop and maintain policies and procedures specific to type 2 status youth as required by the department and the department of health and family services.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.06 Violation of designation requirements {#sec-doc-396.06 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.06}

(1) If the department of health and family services cites a type 2 secured correctional facility for a violation of standards, the type 2 secured correctional facility shall notify the designated department contact person within 48 hours of receiving the citation, excluding weekends and legal holidays, and send a copy of the written citation to the department within 3 days of receiving the citation.

(2) If the department of health and family services withdraws its approval for the operation of a CCI or its approval to operate a type 2 secured correctional facility, the department shall withdraw the CCI’s type 2 secured correctional facility designation.

(3) If a type 2 secured correctional facility violates a provision of this chapter or a contract provision, the department may take one or more of the following actions:

(a) Send the type 2 secured correctional facility a written notice of the violation and require the type 2 secured correctional facility to correct the violation within a specified period of time.

(b) Remove the CCI’s type 2 secured correctional facility designation and send notice of the removal to the juvenile courts and county departments.

(4) A type 2 secured correctional facility may appeal a department decision under sub. (2) or (3) by filing an appeal with the division of hearings and appeals in the department of administration under ch. 227, Stats., in the manner specified by the division of hearings and appeals.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.07 Referral of youth for type 2 community supervision programming {#sec-doc-396.07 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.07}

(1) Criteria for participation. A youth may be considered for participation in CSP, the SJO community supervision phase or a type 2 secured correctional facility program if all of the following apply:

(a) The youth is not likely to present a physical danger to self or to others if living in a type 2 secured correctional facility setting.

(b) An appropriate type 2 secured correctional facility placement is available.

(c) The security, supervision and programming needs of the youth can be met in a type 2 secured correctional facility setting.

(d) If the youth is to be placed in a family setting, the youth’s parent, guardian or other adult with whom the youth will reside agree that they are willing to participate in the program and comply with all rules and conditions of the program.

(2) Referral. When a youth in a type 1 secured correctional facility appears to meet the criteria under sub. (1), the committing court or any member of the JPRC may recommend in writing that the youth be screened for acceptance into a particular program. Copies of the recommendation shall be sent to all members of the JPRC.

(3) Screening. Staff who manage the CSP, SJO and the type 2 secured correctional facility programs shall do all of the following in regard to each youth who has been recommended under sub. (2) for one of the programs:

(a) Review all relevant, available written records relating to the youth including court and education records.

(b) Interview the youth.

(c) If applicable, interview the youth’s parents or other adult with whom the youth would be placed if released to one of the programs.

(d) Recommend one of the following in writing to JPRC:

That the youth is appropriate for transfer planning.
That the youth does not meet the criteria for CSP, SJO community phase or type 2 secured correctional facility transfer planning.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.08 Conduct rules {#sec-doc-396.08 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.08}

(1) General provision. When a youth is transferred by OJOR from a type 1 to a type 2 secured correctional facility, the youth’s agent or other staff shall meet with the youth and review any court-ordered conditions of community placement and the conduct rules of the type 2 secured correctional facility for the specific program in which the youth will participate. The youth shall sign a copy of the court-ordered conditions and conduct rules prior to the transfer of the youth.

(2) Conduct rules. The following conduct rules apply to youth transferred to any type 2 secured correctional facility program:

(a) The youth shall not violate any state or federal law, any local ordinance or the rules of the department.

(b) The youth shall report any arrest or law enforcement contact to his or her agent as soon as possible, but not later than 12 hours after the contact. If a youth is taken into custody, the youth shall inform the law enforcement officer and any intake worker of the name of his or her agent and correctional status.

(c) The youth shall cooperate with his or her agent and other staff and fully participate in his or her program and case plan.

(d) The youth shall be completely truthful with his or her agent and other staff at all times.

(e) The youth shall comply with all curfews established by staff.

(f) The youth shall attend all educational and vocational programs and all appointments with service providers as scheduled.

(g) The youth shall comply with his or her daily appointment schedule as approved by staff.

(h) The youth shall report to and inform his or her agent or the assigned youth counselor of his or her whereabouts and activities as directed and may not go to or be present at any place prohibited by the agent, the youth counselor or placement facility staff.

(i) If the youth is on an approved daily schedule, the youth shall obtain prior approval from department or placement facility staff at least 24 hours in advance before making any changes in the approved daily schedule.

(j) The youth shall obtain prior approval from his or her agent or youth counselor to leave or change employment or to drop out of or change an educational or vocational program. If an unforeseen situation occurs causing the youth to leave or change employment or an educational or vocational program without prior permission, the youth shall notify his or her agent or youth counselor of the change as soon as possible, but not later than 24 hours after the change occurs.

(k) The youth and the adult or family with whom the youth resides shall obtain advance permission from the youth’s agent before moving to a different residence.

(L) The youth shall not leave the state of Wisconsin unless the youth obtains prior permission and a signed travel permit from his or her agent.

(m) If placed on electronic monitoring, the youth shall cooperate with electronic monitoring procedures and shall not alter, damage or interfere in any way with the operation of the electronic monitoring equipment.

(n) The youth may not use or possess any drug, item or substance that is illegal to possess, any intoxicating substance or any prescription drug, except as properly prescribed for the youth in accordance with law.

(o) The youth may not purchase, own, carry or possess a firearm, knife, weapon or ammunition without the prior written permission of his or her agent. An agent may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under s. 941.29, Stats., any other state law, federal law, municipal ordinance or court order.

(p) The youth may not purchase, lease, possess, trade, sell, own or operate a motor vehicle without prior approval of the youth’s agent. To obtain approval to operate a motor vehicle, the youth shall demonstrate proof of insurance, have a valid Wisconsin driver’s license and, if the vehicle is owned by another person, have the written permission of the owner to operate the vehicle. Approval shall be denied if ownership, possession or use of a motor vehicle is inconsistent with the youth’s rehabilitation.

(q) The youth may not borrow money, purchase on credit or enter into any contract without prior approval of his or her agent.

(r) The youth shall submit to and cooperate with searches of the youth’s person, living quarters and property by staff and with tests ordered by staff, including but not limited to, urinalysis, breath tests and blood tests.

(s) The youth may not possess or use paging devices, cellular phones or similar communication devices without prior approval of his or her agent.

(t) The youth shall follow any additional rules, given orally or in writing that may be issued by staff. These rules may include, but are not limited to, directions concerning:

Companions.
Contacts with family members with whom the youth does not reside.
Sending and receiving mail.
Family responsibilities and child support.
Support of self, including earned and unearned income and its sources.
Court or municipal fines or obligations, including restitution and the collection and handling of all restitution funds.
Participation in community service.
Job seeking and job attendance.
Compliance with the policies and rules of a placement facility.

(u) The youth shall comply with any court-ordered conditions of community placement.

(3) Notice of possible termination. The copy of the conduct rules signed by a youth under sub. (1) shall include the following notice: “These conduct rules are in addition to any court-ordered conditions. Your aftercare may be revoked if you do not comply with any of your court-ordered conditions or if you violate any of these conduct rules.”

Note: The terminology in the Notice referring to “aftercare” and “revocation” should be modified for a youth on type 2 status to “type 2 status” and to “terminated.”

(4) Explanation of the conditions and rules. A youth’s agent shall explain the conduct rules and any court-ordered conditions to the youth, the parent or adult with whom the youth will reside. The agent shall also explain what sanctions may be imposed for violation of the conduct rules or court-ordered conditions, including removal from the program and return to a type 1 secured correctional facility or if placed in a less restrictive placement, return to a type 2 secured correctional facility or other residential placement.

(5) Acceptance of conditions. The agent shall prepare a written statement of the conduct rules and court-ordered conditions of the youth’s program that apply to the youth and to the supervising adult or adults with whom the youth resides. The youth and the adult(s) shall sign the document stating their acceptance and agreement with the rules and conditions. The document shall state that failure to comply with all rules and conditions may result in revision of the rules and conditions, changes in the case plan, return to a type 1 or type 2 secured correctional facility or application of any other sanction allowed by law.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.09 Responsibilities of staff {#sec-doc-396.09 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.09}

(1) General responsibilities. All of the following apply to youth and staff shall require that each youth:

(a) Is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.

(b) Is protected from abuse or neglect.

(d) Is placed in the youth’s parental home when this is consistent with the individual’s correctional programming and the protection of the public.

(e) Is involved in planning his or her ongoing correctional program.

(f) Has appropriate access to the courts and legal counsel.

(g) Has access to appropriate department, county department and community programs and services consistent with the protection of the public and the youth’s individual needs.

(h) Has his or her educational, vocational, drug or alcohol abuse, mental health and other programming needs addressed.

(i) Has the opportunity to visit with and communicate orally or by mail with an attorney or persons approved by staff within reasonable guidelines established by the department or a placement agency.

(j) Has the opportunity to participate in authorized recreational and leisure-time activities and appropriate religious activities.

(k) Is monitored by CSP staff, if in the CSP program, 24 hours a day by a combination of programming, staff contacts and electronic monitoring.

(2) Periodic progress reports. At least once every 90 days following the placement of a youth in a type 2 secured correctional facility, the assigned agent shall write a progress summary as required by s. DOC 371.21 (3).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-124: am. (1) (a) Register June 2020 No. 774, eff. 7-1-20.

Wis. Admin. Code § DOC 396.10 Discipline {#sec-doc-396.10 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.10}

(1) In this section:

(a) “Major offense” means a violation of one or more of the rules of supervision for which a major sanction may be imposed if the accused youth is found guilty. A major offense is an offense listed in s. DOC 373.11 (4) or any offense listed in the youth’s conduct rules which is identified as a major offense.

(b) “Major sanction” means a temporary placement in a type 1 secured correctional facility or other sanction placement. An agent, with a supervisor’s approval, may impose a major sanction that does not exceed 5 days. A regional chief may impose a major sanction that does not exceed 14 days. The administrator may impose a major sanction that exceeds 14 days. A major sanction does not require review and approval of OJOR under ch. DOC 371.

(c) “Minor offense” means a violation of one or more of the rules of supervision for which a minor sanction may be imposed if the accused youth is found guilty.

(d) “Minor sanction” includes, but is not limited to, community service, restitution, loss of privileges, electronic monitoring or other programs prescribed by the department. A minor sanction does not include sanctions included in par. (b).

(2) A youth may receive a sanction under this chapter if the department determines, after completing a review under sub. (3), that the youth has committed one of the following:

(a) A violation of a state or federal statute, a local ordinance.

(b) A violation of the rules of any facility, institution, placement or program in which the youth is held or to which the youth is assigned.

(d) A violation of the conduct rules.

(3) The review procedure to determine if a youth has committed a violation includes all of the following:

(a) An agent may impose a minor sanction for a minor offense after completing an investigation.

The agent shall document the offense and the sanction in the youth’s file.
A youth may use the complaint procedure in s. DOC 396.21 to seek review of a decision to impose a minor sanction, except that filing a complaint shall not delay the imposition of a minor sanction.

(b) A major offense shall be documented on a violation report prepared by a youth’s agent that shall include all of the following:

All of the facts obtained in the agent’s investigation, the proposed sanction and a written statement from the youth or a report of an oral statement from the youth.
The rule allegedly violated, how the rule was violated and the date and place of violation.
Witness statements or summaries of witness statements.
The evidence and the names of witnesses reported by the youth.
The efforts that were made by the agent to interview witnesses and gather evidence identified by the youth.

(d) A copy of the violation report shall be served on the youth within 5 days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report.

(e) An agent may impose a major sanction after review and approval of a violation report by a supervisor under par. (d), service of the violation report on a youth and completion of the following appeal procedure:

A youth may appeal a violation report to a regional chief by service of a written appeal within 5 working days of receipt of the violation report. The regional chief who conducts the review shall not be the person who has imposed a sanction under this section.
If an appeal is to the regional chief’s designee, the designee shall not be the immediate supervisor of the agent who conducted the investigation.
The regional chief shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal. If the sanction is reversed, the supervisor ruling on the appeal shall direct that the sanction be removed from the youth’s record.
An appeal by a youth shall not delay the imposition of a major sanction.

(4) Chapters DOC 371 to 381, 383 and 392 and all type 1 secured correctional facility policies and procedures apply to a youth when the youth is transferred to a type 1 secured correctional facility for the period of the sanction.

(a) When a youth is transferred to a placement other than a type 1 secured correctional facility as a sanction, all rules and policies of the placement apply to the youth.

(b) Type 1 secured correctional facility staff may place the youth in a secured status or other program under close or modified confinement during the period of the sanction consistent with the youth’s needs and institution needs and subject to department rules and institution policies and procedure.

(c) Close or modified confinement may not be used in a type 2 secured correctional facility operated by a child welfare agency.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

Wis. Admin. Code § DOC 396.11 Administrative detention {#sec-doc-396.11 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.11}

(1) A youth may be placed in administrative detention by the youth’s agent or other staff with the approval of a supervisor and kept there if the supervisor is satisfied that there is a reasonable basis to believe that one or more of the following are true:

(a) If the youth remains in the community or in the current placement the youth will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

(b) If the youth remains in the current placement, the youth will encourage others by example, expressly, or by the youth’s presence, to defy staff authority and thereby erode the ability of staff to control a particular situation.

(c) If the youth remains in the current placement, it will create a substantial danger to the physical safety of the youth or another person.

(d) If the youth remains in the current placement, there is a substantial danger that the youth will try to flee.

(e) If the youth remains in the current placement, a criminal, disciplinary or termination procedure under s. DOC 396.12 will thereby be inhibited.

(f) If the youth remains in the current placement, there is a substantial danger that the youth will commit a crime.

(g) If the youth remains in the current placement, there is a substantial risk that the youth will engage in an activity that violates a conduct rule or condition of program supervision.

(h) The youth’s retention in the community placement will not accomplish the goals stated in s. DOC 396.01 (2).

(2) Notwithstanding sub. (1), an agent or other staff may take a youth into custody without prior supervisory approval if the decision maker reasonably believes that an urgent situation exists and that failure to immediately take the youth into custody may result in injury to some person, a violation of law or the youth’s escape.

(3) Supervisory staff shall review the placement of a youth in detention within 3 working days after it takes place. Before this review, staff shall provide the youth with the reason for detention in writing and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the youth’s response to the detention. If, upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the youth’s previous placement or alternative placement.

(4) No youth may remain in detention for more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), supervisory staff shall review the status of each youth in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the youth shall be promptly returned to the previous placement or alternative placement.

(5) A youth may be detained in a type 1 secured correctional facility, or other facility approved by the department.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.12 Reasons for termination {#sec-doc-396.12 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.12}

A youth’s type 2 secured correctional placement or less restrictive placement may be terminated for any of the following reasons:

(1) There has been a change of circumstances, such as the loss, for any reason, of a residence, school or treatment program.

(2) The youth has committed one or more of the following violations:

(a) The youth has violated a state or federal statute or local ordinance.

(b) The youth has violated a department rule.

(c) The youth has violated the rules of any facility, institution or program where the youth is held or to which the youth is assigned.

(d) The youth has violated one or more of the conduct rules.

(3) In the discretionary judgment of the department, the transfer is reasonably calculated to serve the interests stated in s. DOC 396.01 (2).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.13 Termination procedure {#sec-doc-396.13 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.13}

(1) A proposed termination of placement under s. DOC 396.12 shall be reviewed by a supervisor.

(2) The supervisor may recommend one of the following to the administrator who shall make the determination:

(a) Termination of the placement and transfer of the youth to a type 1 secured correctional facility.

(b) Termination of the placement and transfer of the youth to a type 2 secured correctional facility if the youth was previously transferred from a type 2 secured correctional facility to a less restrictive placement.

(3) Prior to completion of the termination procedure, the department may take any action it considers necessary for protection of the public including administrative detention in a type 1 secured correctional facility or any other facility approved by the department to detain a youth.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.14 Escape {#sec-doc-396.14 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.14}

(1) Youth in CSP, the SJO program, a type 2 secured correctional facility or having been placed in a type 2 secured correctional facility by the department are subsequently placed in a less restrictive placement, are under the supervision of the department as defined in s. 938.505 (1), Stats., and are in custody as defined in s. 946.42 (1) (a), Stats.

(2) A youth has escaped if the youth is absent without permission or leaves one or more of the following placements or scheduled activities without permission:

(a) The youth’s residence or other assigned placement.

(b) A scheduled school classroom or training site.

(d) An assigned report center or other department office.

(e) Any other scheduled program or activity, including an authorized treatment program, community service assignment or any other activity established in the youth’s daily schedule.

(f) Any other place to which the youth has been assigned.

(3) A youth who escapes under this section is subject to the penalties under s. 946.42 (3) (c), Stats., and may be referred by staff to the district attorney for consideration of charges regarding the escape.

(4) When staff reasonably believe that a youth has escaped, staff shall immediately contact law enforcement authorities and may search for and attempt to take the youth into custody.

(5) Staff shall notify a supervisor promptly whenever a youth escapes.

(6) Staff shall make a reasonable effort to promptly notify any victims or witnesses who have requested notification under s. 938.51 (2), Stats.

(7) When a youth who has escaped is taken into custody and detained under s. DOC 396.11 (1) or (2), the youth may be placed on close confinement status pending investigation of the escape and termination of the placement under s. DOC 396.12.

(8) When a youth is detained following an escape, a violation report under s. DOC 396.10 (3) (b) shall be promptly forwarded to the youth at the facility where the youth is being detained.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.15 Use of physical force {#sec-doc-396.15 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.15}

(1) Escape. Whenever practical, staff shall rely on law enforcement authorities when it is necessary to use force to apprehend a type 2 status youth who has escaped. When it is not practical to use law enforcement, staff may use physical force in accordance with this section only if it is immediately necessary to stop a youth in the act of escaping or to take a youth who has escaped into physical custody.

(2) Corporal punishment. Staff may not impose corporal punishment on any youth.

(a) Staff shall not attempt to physically handle a youth until sufficient staff are present for a show of physical force.

(b) Staff shall ask a youth to voluntarily comply.

(d) Staff shall restrain a youth as necessary for the protection of the youth or others or to transport the youth.

(4) Follow-up after the use of force.

(a) After staff use force on a youth under sub. (1), the youth and involved staff shall immediately be checked by staff for injury. If the youth or staff have been injured, staff shall immediately seek appropriate medical treatment of the injury. A supervisor shall be notified immediately of the use of force and any injury to youth or staff.

(b) The staff shall promptly notify the department regarding the use of force, but not later than 24 hours after the use of force. Staff involved in the incident shall submit a written report describing the incident of use of force to a supervisor within 24 hours of the incident. The report shall be included in the youth’s file. The report shall include all of the following:

The youth’s full name and the date, time and place force was used against the youth.
The name of all staff who used force against the youth.
All of the relevant facts related to the incident, including all facts related to the procedures required by sub. (3).
The reason for using force.
The names of all persons who observed the use of force and their written accounts of the occurrence or a report of their accounts.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.16 Mechanical restraints {#sec-doc-396.16 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.16}

(1) General. Staff may use mechanical restraints only in accordance with this section.

(2) Reasons for using mechanical restraints. Mechanical restraints may be used for any of the following purposes:

(a) To stop a youth in the act of escaping.

(b) To transport a youth who has escaped and been apprehended.

(c) To temporarily restrain youth until the youth can be transported to a secure detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(3) Limitations on use. Mechanical restraints may not be used in any of the following ways:

(a) As a method of punishment.

(b) About the head or neck of a youth.

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of a youth.

(d) To secure a youth to a motor vehicle.

(4) Mechanical restraint procedures.

(a) Custody and transportation. When staff place a youth in mechanical restraints to take the youth into custody and transport the youth after an escape or an attempted escape, staff shall promptly transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility.

(b) Observation. Staff shall remain with a youth placed in mechanical restraints at all times until the restraints are removed or until the youth is admitted to a place of secure confinement or is taken into custody by law enforcement authorities.

(c) Services and privileges. A youth shall be released from mechanical restraints to perform bodily functions and for meals, unless it is unsafe to do so. When it is unsafe to release a youth from restraints, a person shall feed the youth and a person of the same gender shall assist the youth to perform necessary bodily functions.

(d) Check for injury. When staff use mechanical restraints, staff shall check the youth for injury as soon as the restraints are removed. If the youth has been injured, staff shall immediately seek appropriate medical treatment for the youth. A supervisor shall be notified immediately of any injury to a youth.

(e) Record. When staff use mechanical restraints to take a youth into physical custody, staff shall promptly notify a supervisor. The staff shall promptly notify the department no later than 24 hours after the occurrence. A written report describing the incident shall be submitted by staff to a supervisor within 24 hours and included in the youth’s file. The report shall include all of the following:

The youth’s full name, date, time and place the youth was placed in mechanical restraints.
The name of staff who placed the youth in restraints.
All relevant facts related to the incident that required the use of restraints.
The reason for placing the youth in restraints and a description of the restraints used.
A statement indicating when and under what circumstances the restraints were removed.

(6) Annual report. Each regional chief shall submit an annual report to the administrator describing all incidents involving the use of mechanical restraints by program staff.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.17 Chemical agents and weapons {#sec-doc-396.17 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.17}

(2) Use of oleoresin of capsicum. Staff may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a) and (c), Stats., while on duty and only under all of the following conditions:

(a) If approved by the department.

(b) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

(c) While acting in self-defense or defense of a third person, as permitted under ss. 939.48 and 941.26 (4) (c) 1., Stats.

(3) Approved products. Staff may carry and use only the delivery systems for oleoresin capsicum which are approved by the department.

(4) Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.

(5) Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

(6) Firearms or other weapons. Staff may not carry a firearm or other weapon while on duty.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.18 Search and seizure {#sec-doc-396.18 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.18}

(1) General. Staff may conduct a search of a youth and a youth’s living quarters or property at any time, subject to this section. In this section:

(b) “Property” means objects under a youth’s control, regardless of ownership.

(2) Personal search. Staff may conduct a personal search of a youth for any of the following reasons:

(a) When staff have a reasonable belief that a youth possesses contraband.

(b) After the youth has been taken into custody and before transporting the youth.

(d) Routinely when the youth enters a report center, a staff office or other placement or sanction facility.

(e) At random with the prior authorization of a supervisor.

(f) At the direction of a supervisor.

(3) Strip search.

(4) Body contents search.

(b) Staff may require a youth to submit to routine drug and alcohol tests for cause as part of a routine testing of all youth in a program or as part of a random testing program.

(c) When an agent or supervisor requires that collection of a urine specimen be observed, staff of the same sex as the youth shall observe and collect the urine specimen.

(d) Blood and stool samples may only be collected by a licensed physician, physician assistant, registered nurse or other person authorized by law.

(e) X-rays may be conducted only by licensed radiology personnel.

(5) Reasonable grounds to believe. In deciding whether a reasonable belief exists under subs. (2), (3) and (4), all of the following shall be considered:

(a) The observations of staff.

(b) Information provided by a reliable informant.

(6) Search of living quarters and property.

(c) There is no requirement that there be any evidence that contraband is concealed in the property or living quarters of a youth before a search is conducted.

(d) A supervisor shall approve a search before it occurs, unless exigent circumstances, such as suspicion that the youth will destroy contraband or use a weapon, require a search without approval.

(e) Staff who conduct a search shall prepare a written report of the search which shall state all of the following:

The identity of staff who conducted the search and the supervisor who approved it.
The date and time of the search.
The identity of the youth whose residence or property was searched.
The location of the property which was searched.
The reason for conducting the search and whether the search was a random search.
Any objects that were seized pursuant to the search.
Whether any damage was done to the premises during the search.

(g) Staff shall confiscate items believed to be contraband and report those items to the appropriate law enforcement authorities. Contraband shall be disposed of consistent with s. DOC 376.17.

(h) In conducting a search, staff shall disturb the effects of a youth as little as possible, consistent with thoroughness.

(i) Staff shall not read legal materials belonging to a youth during a search.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.19 Custody and transporting {#sec-doc-396.19 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.19}

(1) General. Staff shall request that law enforcement authorities take a youth into custody and transport the youth to a detention facility, a mental health or medical facility or a type 1 secured correctional facility whenever practical. When assistance is not available, staff may take a youth into custody and transport the youth in accordance with this section.

(2) Transporting. When a youth is taken into custody by staff, the youth shall be transported as soon as practical.

(3) Personnel. Staff shall transport a youth in a secure manner to a secure facility and adequate staff shall supervise the transport consistent with department policies and procedures.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.20 Release to aftercare {#sec-doc-396.20 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.20}

Consistent with ss. 938.357 (4m) and 938.538 (5) (a), Stats., and s. DOC 371.15, staff may recommend to OJOR that a youth be released from corrective sanctions, the SJO program or a type 2 secured correctional facility to aftercare. The recommendation shall be in writing and copies shall be forwarded to all JPRC members.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DOC 396.21 Complaint procedure for youth in a type 2 status {#sec-doc-396.21 omnilex-key=us-wi-regs-official--agency-doc--DOC 396.21}

(1) General. The department shall afford an opportunity for administrative review of decisions through the youth complaint procedure.

(2) Objectives. The objectives of this procedure are:

(a) To allow youth to raise questions in an orderly manner regarding a decision affecting their supervision.

(b) To encourage communication and cooperation between youth and staff.

(3) Scope. This complaint procedure may be used by youth in the programs referred to in s. DOC 396.01 (1) to obtain a review of a department decision that affects the youth personally, except any decision regarding the following:

(a) Custody and detention.

(b) Termination.

(d) The use or possession of a firearm or any weapon.

(e) Any conditions of supervision imposed by a court or the office of juvenile offender review.

(f) Discharge of a youth prior to the original discharge date of the youth’s order for supervision.

(g) A major sanction under s. DOC 396.10.

(4) Filing a complaint.

(a) A youth may initiate a review of a decision by filing a complaint with his or her agent.

(b) The agent shall attempt to informally resolve the complaint. Any resolution agreed to by the agent and the youth shall be documented in the youth’s file.

(c) If the complaint is not resolved as provided under par. (b), the youth may file a written request for review with the agent’s supervisor within 5 days of the decision on which the complaint is based, except that the supervisor may for good cause accept a complaint after that time.

(5) Supervisor’s investigation and decision.

(a) Upon receipt of a written request for review, the supervisor shall notify the agent of the complaint and obtain a statement from the agent regarding the complaint.

(b) The supervisor shall review the complaint, the request for review, the agent’s statement and any other relevant information. The supervisor may interview the youth or others to investigate the complaint. The supervisor shall issue a written decision within 14 working days of receipt of the request for review, stating the reasons for the decision. The youth and the agent shall be given copies of the decision.

(6) Appeal of the supervisor’s decision.

(a) A youth may appeal the supervisor’s decision in writing to the regional chief within 5 working days of the receipt of the decision, or the failure to issue a decision, stating the reasons for the appeal and requesting further review.

(b) The regional chief shall review the youth’s complaint and the supervisor’s decision and issue a decision within 14 working days of receipt of the appeal, stating the reasons for the decision. The regional chief may interview the youth or others to investigate the complaint. Copies of the decision shall be sent to the youth, the agent and the agent’s supervisor.

(7) Appeal of the regional chief’s decision.

(a) If the youth disagrees with the decision of the regional chief, the youth may appeal to the administrator within 5 working days after receiving the decision.

(b) The administrator shall review all relevant materials, including the youth’s complaint, the supervisor’s decision, and the regional chief’s decision and shall issue a written decision on the complaint within 14 working days after receiving the appeal. Copies of this decision shall be sent to the youth, the supervisor and the regional chief.

(c) If the administrator is unable to issue the decision within 14 working days, the administrator shall notify the parties involved of the reason for the delay. The administrator shall then have an additional 14 working days to issue a decision.

(d) The administrator’s decision on the complaint shall be the final decision of the department.

(e) If the administrator does not issue a decision, the decision of the regional chief shall be final.

(8) Affect of appeal on a disputed decision. During the period required under this section for investigation or review of any complaint, all affected parties shall comply with the decision currently under dispute.

(9) Expedited appeal. If the time periods required under this section for appeal of a complaint would effectively moot the complaint, the supervisor, regional chief or administrator shall make all reasonable efforts to expedite the appeal.

(10) Penalties.

(a) Staff shall not penalize a youth for filing a complaint under this section.

(b) Notwithstanding par. (a), a youth may be subject to discipline, up to and including transfer of the youth to a type 1 secured correctional facility, if it is determined that the youth knowingly made a false allegation or complaint.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.