Wisconsin Administrative Code

DOC 327.05 Procedure for application and approval of classification.

DOC 327.06 Placement approval.

DOC 327.07 CRC placement.

DOC 327.08 Changes in CRC program assignment.

DOC 327.09 Inmate conduct in CRC placements.

DOC 327.10 Termination of CRC placement.

DOC 327.11 Termination procedure.

DOC 327.12 Discipline.

DOC 327.13 Disciplinary procedure and penalties. Note: Ch. DOC 327 was created as an emergency rule effective January 1, 1990. DOC 327.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2) and 301.046, Stats., to provide rules for administrat…

DOC 327.14 Temporary lockup for inmates in CRC placements. (1) In this section, XTLUY 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 placeme…

DOC 327.15 Inmate funds. (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 place…

DOC 327.16 Resources for CRC inmates. (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) A…

DOC 327.17 Use of force. 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 inm…

DOC 327.18 Mechanical restraints. (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 res…

DOC 327.19 Chemical agents and firearms. (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.

DOC 327.20 Escapes. (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 administrat…

DOC 327.21 Search of CRC residence. (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 …

DOC 327.22 Search of CRC inmate. (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 pla…

DOC 327.23 Search of staff. 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. H…

DOC 327.24 Use of test results and contraband as evidence at disciplinary hearings. (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 exam…

DOC 327.25 Emergencies. (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; DOC 327.26 (b) Malfunctioning of the CRC inmate[s…

DOC 327.26 Other rules that apply to CRC placements. 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) Unde…

DOC 328.01 Purpose. 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 t…

DOC 328.02 Applicability. 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, 301.45, 301.46, 302.11, 302.113, 302.114, 302.14, 302.19, 302.31, 302.335, 304.06 (…

DOC 328.03 Definitions. In this chapter: (1) XAbscondY means the failure of an offender to make himself or herself available as directed by the agent. (2) XAdministratorY means the administrator of the division or designee. DOC 328.15 DOC 328.16 DOC 328.17 Voluntary return to a c…

DOC 328.04 Community supervision. (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 followin…

DOC 328.05 Institution release planning. 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 conditio…

DOC 328.06 Notice to law enforcement of inmate release to supervision. 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.

DOC 328.07 Supervision fees. (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 …

DOC 328.08 Financial obligations. 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 f…

DOC 328.09 Extension of probation. (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 …

DOC 328.10 Funds and property. (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 fi…

DOC 328.11 Purchase of goods and services. (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 expe…

DOC 328.12 Offender administrative review process. (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 ma…

DOC 328.13 Temporary travel. (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…

DOC 328.14 Interstate transfer. (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 unde…

DOC 328.15 Voluntary return to a correctional facility. (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 o…

DOC 328.16 Discharge. (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 cert…

DOC 328.17 Early discharge. (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 treat…

DOC 328.18 Use of force. 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. DOC 328.21 (1) Non-deadly force may be used by staff against offend…

DOC 328.19 Mechanical restraints. (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 …

DOC 328.20 Incapacitating agents. 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 foll…

DOC 328.21 Firearms or other weapons. No employee of the division may possess or use a firearm or other the chapter was last published. DOC 328.21 WISCONSIN ADMINISTRATIVE CODE weapons while on duty, except as permitted under s. DOC 328.23.

DOC 328.22 Search and seizure; pat-down. (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 a…

DOC 328.23 Contraband. (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 …

DOC 328.24 Absconding. (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 a…

DOC 328.25 Tolled time. (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…

DOC 328.26 Reinstatement. (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 fol…

DOC 328.27 Custody and detention. 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 …

DOC 328.28 Psychotropic medication as a condition of supervision. 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 SUPERVISI…