reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.11 - Termination and removal

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.12 - Compensation

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.13 - Work day

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.15 - Equal opportunity

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.16 - Shutdown and layoff

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.17 - Private sector prison industry enhancement certification programs

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.18 - Correctional farms

Current through June 24, 2024
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).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 314 - Mental health treatment for inmates › Section DOC 314.01 - Authority, applicability and purpose

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 314 - Mental health treatment for inmates › Section DOC 314.02 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 314 - Mental health treatment for inmates › Section DOC 314.04 - Informing the inmate

Current through June 24, 2024
(1) Before filing a commitment petition under
			 s.
			 DOC 314.03
			 for aninmate'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.
(c)
			 The inmate's rights under s.
			 51.61, Stats.
			 Inpatients have all rights specified in s.
			 51.61,
			 Stats.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 314 - Mental health treatment for inmates › Section DOC 314.05 - Involuntary treatment

Current through June 24, 2024
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:
1. Take no action for a period of
			 time.
2. Transfer the inmate to a
			 special unit within the correctional institution for treatment of mental
			 illness.
3. Place the inmate in
			 observation status pursuant to ch. DOC 311.
4. Recommend transfer of the inmate to an
			 alternate correctional institution pursuant to ch. DOC 302.
5. Recommend transfer of the inmate to a
			 state treatment facility, pursuant s.
			 51.20,
			 Stats.
6. 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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 316 - Medical, dental and nursing copayment charge › Section DOC 316.01 - Applicability, purpose, authority

Current through June 24, 2024
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.
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".
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 316 - Medical, dental and nursing copayment charge › Section DOC 316.02 - Definitions

Current through June 24, 2024
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.
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 316 - Medical, dental and nursing copayment charge › Section DOC 316.03 - Provision of medical, dental and nursing services

Current through June 24, 2024
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.
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 316 - Medical, dental and nursing copayment charge › Section DOC 316.04 - Copayment

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 316 - Medical, dental and nursing copayment charge › Section DOC 316.05 - Copayment exclusions

Current through June 24, 2024
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.
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".
(8) Any medical, dental or nursing services
			 provided as a result of an injury sustained through an institution work
			 assignment.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 316 - Medical, dental and nursing copayment charge › Section DOC 316.06 - Copayment deduction from the inmate's or juvenile's general or trust account

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.01 - Purpose

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.02 - Applicability

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.04 - Eligibility to apply for work or study release status

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.05 - Procedure for application and approval

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.06 - Placement procedure

Current through June 24, 2024
(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.
(c) Hours the inmate will
			 be on the placement site.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.07 - Placement in work release

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.08 - Placement in study release

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.09 - Inmate funds

Current through June 24, 2024
(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.
(c) Necessary travel
			 expenses to and from the placement and other incidental expenses.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.10 - Transportation

Current through June 24, 2024
(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.
(c) Approved vehicles
			 driven by members of the public.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.11 - Custody

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.12 - Inmate conduct on work and study release

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Section DOC 324.13 - Process for termination of work and study release

Current through June 24, 2024
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.
(c) Violation of the administrative rules of
			 the department.
(d) Violation of
			 the work or study release agreement.
(e) Violation of any special conditions
			 imposed on the placement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.01 - Purpose

Current through June 24, 2024
(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.
(c) To permit the temporary
			 removal of an inmate from an institution when an emergency exists.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.02 - Applicability

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.07 - Conditions

Current through June 24, 2024
(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.
(c) The cost, if any,
			 that is to be assumed by the inmate.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.08 - Criteria

Current through June 24, 2024
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.
(c) Participate in any other activities
			 consistent with the purposes of this chapter.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.09 - Release order

Current through June 24, 2024
(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.
(c) The destination, date and time of
			 departure and return to the institution.
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.12 - Cancellation

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Section DOC 325.13 - Cost

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Section DOC 326.01 - Authority and applicability

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Section DOC 326.03 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Section DOC 326.04 - Eligibility for leave application

Current through June 24, 2024
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.
(c) To contact a
			 legitimate, verified potential employer through a prearranged
			 interview.
(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.