Wisconsin Administrative Code › Department of Corrections › Chapter DOC 326 - Leave For Qualified Inmates › Appendix - Appendix

Current through June 24, 2024
Note:
				DOC
				326.02.
				DOC
				326.02 states the purposes of leave for qualified
				inmates. Selected inmates are allowed unescorted leave only for a serious
				illness of the close family member, to attend the funeral of a close family
				member, for employment interviews, for medical purposes, or to facilitate
				family reintegration and stability as provided under s.
				303.068,
				Stats. Leaves are considered a privilege not a right. They provide an incentive
				for inmates to exhibit appropriate behavior in the institution. Leaves for the
				purposes of family reintegration provide a special incentive for
				inmates.
Allowing selected inmates unescorted leave is consistent with
				the correctional goal of eventual reassimilation of the offender into the
				community. A conditional exposure to life outside an institution for an inmate
				who does not pose a threat to the public is beneficial as a means of preparing
				an inmate for life outside a structured prison environment.
Leave for qualified inmates has direct and immediate benefits.
				Permitting an inmate to visit a seriously ill relative or attend a funeral is
				important in maintaining family ties. The inmate can be with the family in
				these most difficult periods, can show his or her concern for the family, and
				can share the burden that frequently accompanies illness or death in a family.
				It strengthens family ties, helps the inmate work through feelings of pain and
				sorrow, and assists in the inmate's adjustment in the institution and after
				release. Leave is also granted to promote family stability and the
				reintegration of the inmate into the family. In some cases a person who is not
				the natural parent has actually raised the inmate.
Ch. DOC 326 and s.
				303.068,
				Stats., allow leave for an inmate to contact a prospective employer. This
				contact away from the institution and staff enables an inmate to experience
				independent responsibility prior to release, thereby reducing the adjustment
				necessary after release. This independent responsibility can give the
				individual the self-confidence necessary for successful reintegration into
				society. The inmate has an opportunity to plan for life on the outside and to
				secure a position upon release by expanding the potential for employment.
				Employment opportunities are limited for someone with a criminal record. Many
				employers are unwilling to hire a person they have not seen or interviewed.
				Leaves for job-seeking remove this obstacle to obtaining employment.
Leaves granted for medical reasons, like other types of leaves,
				are granted only upon the warden's or superintendent's approval. The bureau of
				health services should be consulted before deciding to grant leave for this
				purpose. The chapter does not allow an inmate to select his or her own health
				care provider or type of treatment in lieu of the treatment already provided in
				the institution.
The purpose of leave is to fulfill the correctional goals of
				reintegration. This is to be achieved consistent with the protection of the
				public.
Note:
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				326.03 "Leave" is sometimes called "furlough" in the
				institutions.
Note:
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				326.04. This section establishes the minimum
				requirements to be eligible for leaves. Simply meeting these requirements does
				not mean that an inmate is entitled to leave.
Although an inmate who is eligible for leave is likely to be a
				low escape risk due to the eligibility requirements of s.
				DOC
				326.04, an unescorted and supervised visit to the
				community offers more freedom of movement than any previous experience the
				inmate has had in the correctional system. An unescorted leave presents an
				opportunity for escape. An inmate with a record of escapes may be more likely
				to take advantage of this opportunity, and therefore, no inmate is eligible for
				leave who is confined or have a criminal conviction for escape.
The duration of leave is limited to 3 days, excluding travel
				time. The duration of leave may be extended by the warden or superintendent. An
				extension may be granted, for example, if a seriously ill family member dies
				while the inmate is on leave and the inmate wants to attend the funeral. Also,
				an employer may request a second interview with an inmate who is on leave for
				an employment interview. No more than 3 leaves are granted in a calendar
				year.
Note: DOC 326.05. DOC 326.05 described the procedures for
				obtaining a leave. Subsection (1) allows either an inmate or an employe on
				behalf of the inmate to apply for the leave. An employe should not apply for a
				leave on behalf of an inmate if the inmate does not want the leave. Some leaves
				which cannot be planned in advance, such as some funerals or sick bed visits,
				may not allow sufficient time to process the application. In such cases the
				inmate may apply for a temporary leave under supervision as provided in ch. DOC
				325. Subsection (2) allows the imposition of leave conditions as provided in s.
				DOC
				326.04(2). Having the inmate sign a
				statement agreeing to the conditions ensures that the inmate knows what those
				conditions are.
Subsection (3) describes the process of investigating leave
				applications. First, a staff member must review each application to determine
				whether the information in the application is accurate and whether the inmate
				is eligible for the leave under the criteria in s.
				DOC
				326.04. If the information is inaccurate and can be
				corrected, the investigator should do so. If the inmate is ineligible for the
				leave, there is no reason to continue processing the application.
If the inmate is found eligible for the leave and the
				information is verified, the investigation continues. The investigation's
				purpose is to make sure that all information that could be relevant to the
				decision to grant or deny the leave is included in the application.
				Investigation also protects the public. All the inmate's assertions must be
				verified and the leave principals willing to cooperate. Investigation may
				include contact with many outside people, including law enforcement and
				criminal justice agencies and the committing court. It also includes
				investigation for detainers.
Following the investigation, the application and recommendation
				is referred to the warden or superintendent. The warden or superintendent
				approves and imposes conditions on the leave or denies the leave.
In some instances, an offense may have received unusually
				intense publicity and substantial community reaction may have been aroused. In
				such a case the presence of the offender might cause negative reactions. The
				staff member is required to consider the likelihood of such severe negative
				community reactions. If investigation reveals substantial likelihood that the
				community will become aroused, then, in the best interests of the community and
				of the inmate, leave should not be granted. If investigation reveals
				substantial threat to the safety of the inmate in the community, the leave
				should not be granted.
Note:
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				326.06.
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				326.06 allows an inmate to request the warden or
				administrator to review a denial of a leave. This request must be made within 5
				days of the decision to deny the leave. The time limit protects the inmate's
				ability to get review and also ensures that the review process does not
				unnecessarily delay the leave process. The warden or administrator may, but
				does not have to, review any procedural irregularities of the leave review. The
				warden's or administrator's main task in reviewing leave applications is to
				decide whether to override the actual decision of the reviewing authorities.
				The warden's or administrator's decision to deny a leave is final.
An inmate may request a review of procedural irregularities in
				the leave process by going through the inmate complaint system.
Note:
				DOC
				326.08. This section makes clear that legal custody of
				an inmate on leave remains with the department, thereby avoiding confusion
				about who has legal custody of the inmate if the inmate is not within the
				institution.
Note:
				DOC
				326.10. This section specifies conduct that is
				expressly controlled while the inmate is on leave. These provisions must be a
				part of the leave agreement so the inmate is aware of them. Violation of any of
				the these provisions may subject an inmate to the sanctions under s.
				DOC
				326.11.
Note:
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				326.11.
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				326.11 provides for escape or misconduct while an
				inmate is on leave. An inmate may be treated as an escapee if that inmate
				leaves the area designated in the leave agreement or if the inmate fails to
				return from leave. Since an inmate is in the custody of the department, a
				violation of this subsection is an "intentional escape from custody" under s.
				946.42(3),
				Stats. This escape could be prosecuted as a new offense.
Subsection (2) provides for sanctions for misconduct, other
				than escape, while the inmate is on leave. An inmate may be disciplined under
				ch. DOC 303 for violation of conditions of leave or the leave agreement,
				department rules under ch. DOC 303. Subsection (3) also gives the warden or
				superintendent the right to cancel leave at any
				time.