reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Section DOC 326.05 - Process for obtaining leave

Current through June 24, 2024
(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.
(c) Notify the parole agent assigned to the
			 inmate of the details of the approved leave.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Section DOC 326.06 - Review of denial of leave

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Section DOC 326.10 - Inmate conditions while on leave

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Section DOC 326.11 - Sanctions

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.01 - Authority and purpose

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.02 - Applicability

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.04 - Eligibility for minimum security/community residential confinement classification

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.05 - Procedure for application and approval of classification

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.06 - Placement approval

Current through June 24, 2024
(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;
(c) Job, school
			 and treatment plans;
(d)
			 Transportation arrangements between state correctional facility and CRC
			 placement; and
(e) Other
			 information that may be required to prepare for the
			 placement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.07 - CRC placement

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.08 - Changes in CRC program assignment

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.10 - Termination of CRC placement

Current through June 24, 2024
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;
(c) Violation of the
			 administrative rules of the department with the modifications described in s.
			 DOC
			 327.09;
(d) Violation of the community residential
			 confinement agreement; or
(e)
			 Violation of any special condition imposed on the inmate's CRC
			 placement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.11 - Termination procedure

Current through June 24, 2024
(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).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.12 - Discipline

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.14 - Temporary lockup for inmates in CRC placements

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.15 - Inmate funds

Current through June 24, 2024
(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
(c) The balance to the inmate
			 in a CRC placement, consistent with CRC procedures.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.16 - Resources for CRC inmates

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.17 - Use of force

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.18 - Mechanical restraints

Current through June 24, 2024
(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;
(c) When taking a CRC
			 inmate into custody; or
(d) To
			 transport a CRC inmate.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.20 - Escapes

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.21 - Search of CRC residence

Current through June 24, 2024
(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;
(c) The identity of the
			 inmate whose residence or property was searched;
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.22 - Search of CRC inmate

Current through June 24, 2024
(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:
1. Immediately before transfer
			 to the CRC placement;
2. Upon
			 arrival at the CRC placement;
3. 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;
4. 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
5. Periodically, if an inmate has a history
			 of alcohol or other drug abuse.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.24 - Use of test results and contraband as evidence at disciplinary hearings

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.25 - Emergencies

Current through June 24, 2024
(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
(c) A strike
			 of department employees.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 327 - Community Residential Confinement › Section DOC 327.26 - Other rules that apply to CRC placements

Current through June 24, 2024
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;
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter I - General Provisions › Section DOC 328.01 - Purpose

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter I - General Provisions › Section DOC 328.02 - Applicability

Current through June 24, 2024
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(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter I - General Provisions › Section DOC 328.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.04 - Community supervision

Current through June 24, 2024
(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.
(c) Determine the
				short-term and long-term goals and overall objectives of the offender's
				supervision.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.05 - Institution release planning

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.06 - Notice to law enforcement of inmate release to supervision

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.07 - Supervision fees

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.08 - Financial obligations

Current through June 24, 2024
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).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.09 - Extension of probation

Current through June 24, 2024
(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.
(c) The offender consents to an extension of
				the supervision for the specific period of time stated in the notice.
(d) The offender was notified of the right to
				consult with an attorney before signing the waiver.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 328 - Community Supervision Of Offenders › Subchapter II - Offender under Supervision › Section DOC 328.10 - Funds and property

Current through June 24, 2024
(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:
1. The offender
				requests assistance.
2. The agent
				believes that management is necessary to control the offender's
				funds.
3. 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.