Wisconsin Administrative Code

DOC 333.01 Authority and purpose. 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-effe…

DOC 333.02 Applicability. 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 onl…

DOC 333.03 Definitions. In this chapter: (1) XAdministratorY means the administrator of the division of intensive sanctions or that person[s designee. (2) XClassification chiefY means the chief of the department[s office of classification or that person[s designee. (3) XDAIY mean…

DOC 333.04 Eligibility for MS/DIS classification. 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, Sta…

DOC 333.05 DIS placement. (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 t…

DOC 333.06 Changes in DIS program assignment. (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 …

DOC 333.07 Rules of supervision. 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 pract…

DOC 333.08 Discipline. (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 o…

DOC 333.09 Termination of DIS placement. (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 lo…

DOC 333.10 Termination procedure. (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 alternate…

DOC 333.11 Detention for inmates in DIS placements. (1) In this section, XdetentionY 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., Sta…

DOC 333.12 Inmate funds. (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 place…

DOC 333.13 Resources for DIS inmates. (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 th…

DOC 333.14 Use of force. 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 th…

DOC 333.15 Mechanical restraints. (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 circums…

DOC 333.16 Oleoresin of capsicum, firearms and other weapons. (1) OLEORESIN OF CAPSICUM. For the purpose of this section, Xoleoresin of capsicumY means the oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin contains the active ingredient capsaicin and …

DOC 333.17 Escapes. (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 becaus…

DOC 333.18 Search of DIS inmate[s residence. (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 …

DOC 333.19 Search of DIS inmates. (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 pl…

DOC 333.20 Search of staff. 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 obj…

DOC 333.21 Use of contraband and test results in disciplinary review process. (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 …

DOC 333.22 Emergencies. (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 sys…

DOC 333.23 Inmate travel. 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 t…

DOC 333.24 Discharge. 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.

DOC 333.25 Inmates in type 1 prisons. 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.

DOC 333.26 Inmate complaints. (1) Inmates in DIS shall be provided an opportunity for review of decisions through the inmate complaint process. This process is used to encourage the chapter was last published. 9 DEPARTMENT OF CORRECTIONS communication and cooperation between inma…

DOC 335.01 Authority. 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 environm…

DOC 335.02 Applicability. 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…

DOC 335.03 Purpose. 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 descripti…

DOC 335.04 Definitions. As used in this chapter: (1) XActionY 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) XAlternativesY means actions other than…

DOC 335.05 Types of actions. 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 wher…

DOC 335.06 Determination of need for an EIS. (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 a…

DOC 335.07 Preparation of environmental assessment. (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 acti…

DOC 335.08 Preparation of environmental impact statement. (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 identifyi…

DOC 335.09 Review of the DEIS. (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, fed- 4 eral, and local government agencies having special expertise, interest or jurisdiction…

DOC 335.10 Conversion of DEIS to FEIS. 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 …

DOC 335.11 Review of the FEIS. (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 availabilit…

DOC 335.12 Decision. (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 a…

DOC 335.13 Supplements. 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 …

DOC 335.14 Equivalent processes. (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 ma…

DOC 335.15 Responsibilities. (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 docume…

DOC 346.01 Purpose.

DOC 346.02 Authority.

DOC 346.03 Applicability.

DOC 346.04 Definitions.

DOC 346.05 Variance.

DOC 346.06 Records and reporting.

DOC 346.07 Operational plan. Subchapter II — Facility and Physical Environment

DOC 346.08 Construction plans.

DOC 346.09 Physical environment of new or substantially remodeled youth detention facilities.