reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.16 - Purpose of lie detector program

Current through June 24, 2024
(1) The department
			 may use the lie detector examination process as a supervision tool for
			 offenders who are sex offenders. Testing may be used to achieve any of the
			 following in supervising an offender who is a sex offender:
(a) Disclosing offense pattern information
			 for treatment purposes.
(b) Holding
			 the offender accountable for behaviors which occur while on
			 supervision.
(c) Verifying the
			 accuracy of self-reporting.
(d)
			 Assisting in the monitoring and early identification of rule violations and
			 other criminal behavior.
(e)
			 Providing a deterrent to re-offending.
(f) Identifying the offenders who need more
			 intensive supervision or treatment.
(g) Providing more information for purposes
			 of assessment, treatment and monitoring.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.17 - Operation of lie detector program

Current through June 24, 2024
(1) SELECTION OF
			 PARTICIPANTS. Upon the approval of an agent's supervisor, an agent may require
			 an offender who is a sex offender to participate in the lie detector program.
			 The agent may require an offender who is a sex offender to submit to the lie
			 detector examination process based on the following:
(a) For an offender who is a sex offender and
			 who is currently in prison but nearing the release date on mandatory or
			 discretionary parole:
1. The offender's
			 criminal record of sexual offenses.
2. The offender's adjustment under previous
			 supervision.
3. The offender's
			 participation in offense-related programming while incarcerated or
			 institutionalized.
4. The
			 offender's motivation or refusal to participate in continued programming in the
			 community.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.18 - Lie detector fee

Current through June 24, 2024
The department shall establish a schedule of fees to partially
				offset the costs of the lie detector program for offenders who are sex
				offenders and who are required to take a lie detector test. The costs of the
				tests may vary depending on the type of test used. An offender shall also pay a
				$5 administrative fee with each payment. The department shall do all of the
				following in establishing a fee schedule for lie detector testing and in
				collecting lie detector fees:
(1)
			 BASIS OF FEE. Base the lie detector fee payment schedule upon the offender's
			 ability to pay with the goal of receiving payment for the costs of
			 administering the test and a $5 administrative fee with each payment.
(2) TIMING OF PAYMENTS. Permit payment of the
			 fee to be paid in any of the following ways:
(a) Full payment of the fee within 30 days of
			 the date the offender takes the lie detector test.
(b) Quarterly payment of the fee to be paid
			 in full within one year of the date the offender takes the lie detector
			 test.
(c) Monthly installment
			 payments of the fee to continue until the fee is paid in full.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.19 - Sex offender registration fee

Current through June 24, 2024
(1) APPLICABILITY.
			 A person who is required to register as a sex offender under s.
			 301.45,
			 Stats., shall be charged a registration fee to partially offset the costs of
			 monitoring registrants.
(2)
			 DEFINITIONS. In this section:
(a) "Custody"
			 means being under the authority of the department as an inmate, a probationer,
			 parolee, or person subject to extended supervision under s.
			 302.113,
			 Stats.
(b) "Offender" means a
			 person on probation, parole, or extended supervision under s.
			 302.113,
			 Stats.
(c) "Registrant" means a
			 person required to register as a sex offender under s.
			 301.45,
			 Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 332 - Sex offender registration and community notification requirements › Section DOC 332.20 - Tracking fee

Current through June 24, 2024
(1) APPLICABILITY. A person who is subject to
			 GPS tracking or PPS tracking under s.
			 301.48,
			 Stats., shall be charged a fee to offset the costs of the tracking, based on
			 the person's ability to pay.
(2)
			 DEFINITIONS. In this section:
(a) "Global
			 positioning system tracking" or "GPS tracking" has the meaning given in s.
			 301.48(1)
			 (b), Stats.
(b) "Passive positioning system tracking" or
			 "PPS tracking" has the meaning given in s.
			 301.48(1)
			 (dm), Stats.
(c) "Tracking cost" means the monthly cost
			 for tracking a person subject to GPS tracking or PPS tracking.
(d) "Tracking fee" means the monthly fee
			 which a person who is subject to either GPS tracking or PPS tracking is
			 required to pay to offset the costs of tracking.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11(2)
				(a) and
				301.048,
				Stats., to provide rules for the administration of the intensive sanctions
				program. The purposes of the intensive sanctions program are to:
(1) Provide a cost-effective sentencing and
			 placement option which satisfies punishment and public safety issues for
			 offenders who would otherwise be incarcerated;
(2) Provide public safety through the
			 administration of sanctions and supervision standards appropriate to the needs
			 and requirements of the offender;
(3) Provide the necessary treatment and
			 services to assist the offender in making meaningful, positive
			 changes;
(4) Promote a crime-free
			 lifestyle by requiring offenders to be employed, perform community service,
			 make restitution and remain drug free; and
(5) Increase communication among victims,
			 victim service agencies and legal professionals.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.02 - Applicability

Current through June 24, 2024
This chapter applies to the department of corrections and to
				inmates in its custody who are eligible for a minimum security/intensive
				sanctions confinement classification. This chapter and other administrative
				rules referenced in this chapter are the only administrative rules of the
				department that apply to inmates in the intensive sanctions program. 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 333 - Intensive Sanctions › Section DOC 333.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Administrator" means the administrator of the division of intensive sanctions
			 or that person's designee.
(2)
			 "Classification chief" means the chief of the department's office of
			 classification or that person's designee.
(3) "DAI" means the department's division of
			 adult institutions.
(4)
			 "Department" means the Wisconsin department of corrections.
(5) "DIS" means the division of intensive
			 sanctions or the intensive sanctions program.
(6) "Intensive sanctions program placement"
			 or "DIS placement" means a placement in which a person is sentenced,
			 transferred or paroled to the intensive sanctions program or participating in
			 the program as an alternative to revocation, in accordance with s.
			 301.048(2),
			 Stats.
(7) "Major penalty" means
			 placement in a Type 1 prison, jail, county reforestation camp, residential
			 treatment facility or community-based residential facility under s.
			 301.048(3) (a)
			 1, Stats.
(8) "Minimum security DIS classification" or
			 "MS/DIS" means the inmate security classification described under s.
			 DOC
			 302.12(1) (e) 1.
Note:
DOC 302.12 (1) (e) was repealed eff.
				2-1-02.
(9) "Minor penalty"
			 means one or more of the following:
(a)
			 Intensive or other field supervision.
(b) Electronic monitoring.
(c) Community service.
(d) Restitution.
(e) Other programs as prescribed by
			 DIS.
(f) Reprimand, either oral or
			 written.
(g) Loss of one or more
			 privileges which includes any activity, including employment, outside the
			 home.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.04 - Eligibility for MS/DIS classification

Current through June 24, 2024
A person is eligible for an MS/DIS confinement classification
				if both of the following apply:
(1)
			 The person is any of the following:
(a)
			 Sentenced by a court to a felony in accordance with ss.
			 301.048(2) (am)
			 1 and
			 973.032,
			 Stats.
(b) Paroled by the parole
			 commission in accordance with ss.
			 301.048
			 and
			 304.06,
			 Stats.
(c) Transferred to DIS by
			 the department in lieu of revocation of probation or parole upon agreement
			 between the department and the inmate in accordance with s.
			 301.048(2) (am)
			 4, Stats.
(d) Transferred to DIS by DAI in accordance
			 with s.
			 301.048(2) (am)
			 2, Stats., provided that the inmate has a
			 case plan that includes an intended residence, either a school or job placement
			 or an alternative acceptable to the RC and a proposal for meeting treatment
			 goals in the community. community.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.05 - DIS placement

Current through June 24, 2024
(1) Before the inmate's placement in the
			 community, in the case of a transfer from DAI, and as soon as practicable in
			 the case of other placements under s.
			 301.048(2),
			 Stats.:
(a) The inmate shall be assigned to a
			 DIS agent and DIS staff shall provide the inmate with the name and business
			 address of the inmate's agent, the agent's supervisor and the DIS sector
			 chief.
(b) DIS staff 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
			 333.18.
(c) The inmate shall sign an agreement to
			 abide by the rules of supervision.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.06 - Changes in DIS program assignment

Current through June 24, 2024
(1) DIS staff may
			 change an inmate's program assignment at any time by giving written notice to
			 the inmate.
(2) The criteria under
			 ss.
			 DOC
			 302.11 and 302.13, the availability of programs in the
			 community and any other factor relevant to the inmate's rehabilitation and the
			 protection of the community shall be considered in making the
			 decision.
(3) An inmate may submit
			 a written appeal of the change in assignment to the DIS sector chief within 10
			 days after receipt of the notice of assignment. The decision of the DIS sector
			 chief shall be final.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.08 - Discipline

Current through June 24, 2024
(1) An inmate in a DIS placement may receive
			 a sanction under s.
			 301.048(3),
			 Stats., if the department determines, after completing a review under sub. (2),
			 that the inmate has committed one of the following:
(a) A violation of a state or federal statute
			 or a local ordinance.
(b) A
			 violation of the rules of any facility, institution or program in which the
			 inmate is held or to which the inmate is assigned.
(c) A violation of this chapter, including
			 any rules referenced and incorporated in this chapter.
(d) A violation of the rules of
			 supervision.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.09 - Termination of DIS placement

Current through June 24, 2024
(1) If an inmate
			 has been transferred to DIS from a state correctional facility under s.
			 301.048(2),
			 Stats., the placement in DIS may be terminated for any of the following
			 reasons:
(a) If there is a change of
			 circumstances such as the loss, for any reason, of a job, school or treatment
			 program.
(b) If the department
			 determines that the inmate has committed one or more of the following
			 violations:
1. Violation of a state or
			 federal statute or local ordinance.
2. Violation of the rules of any facility,
			 institution or program in which the inmate is held or to which the inmate is
			 assigned.
3. Violation of the DIS
			 rules of supervision.
(c) For any other reason, which, in the
			 discretionary judgment of the department, is reasonably calculated to serve the
			 interests stated in s.
			 DOC
			 333.01.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.10 - Termination procedure

Current through June 24, 2024
(1) The proposed termination of a DIS
			 placement by DIS staff under s.
			 DOC
			 333.09(1) shall be reviewed by the
			 PRC which shall consist of 2 or more members appointed by the administrator.
			 The administrator may designate persons to sit as alternates.
(2) RC may recommend to the administrator or
			 the administrator's designee that the inmate's DIS placement be terminated and
			 the inmate returned to a type 1 prison or that the inmate be transferred to
			 another community or another living arrangement or that any other appropriate
			 action be taken. RC review of the inmate's DIS placement shall be conducted in
			 accordance with ss.
			 DOC
			 302.17 and 302.19, except that "administrator or their
			 designee" shall be substituted for "superintendent" in those provisions and no
			 disciplinary hearing shall be held to determine if a violation has occurred.
			 The decision of the administrator or the administrator's designee shall be
			 final.
(3) If the placement is to
			 be terminated under s.
			 DOC 333.09(1)
			 (b), the review process in s.
			 DOC
			 333.08(2) shall be completed before
			 the placement is terminated.
(4) An
			 inmate who has been removed from a DIS placement pending completion of the
			 review procedure in s.
			 DOC
			 333.08(2) and who is found not guilty
			 of the alleged violation shall be returned to the placement as soon as
			 practicable following the determination.
(5) Prior to completion of the termination
			 procedure or the revocation procedure under ch. DOC 331, the department may
			 take any action it considers necessary for protection of the public including
			 detention of the inmate in any state correctional institution, county jail or
			 other facility that has agreed to hold DIS inmates in detention status,
			 provided that the conditions for detention under s.
			 DOC
			 333.11 are met.
(6) If an inmate is unable to attend work,
			 school or treatment programs due to the termination procedure, DIS staff shall
			 notify the appropriate school official, employer or treatment staff.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.11 - Detention for inmates in DIS placements

Current through June 24, 2024
(1) In this
			 section, "detention" means secure or non-secure confinement in a Type 1 prison,
			 jail, county reforestation camp, residential treatment facility or
			 community-based residential facility under s.
			 301.048(3)
			 (a) 1, Stats.
(2) An inmate may be placed in detention by
			 any DIS staff or by a law enforcement officer at the request of DIS staff and
			 kept there 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 DIS
			 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 DIS
			 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 DIS placement, it will create a substantial danger
			 to the physical safety of the inmate or another person.
(d) If the inmate remains in the DIS
			 placement, there is a substantial danger that the inmate will try to
			 escape.
(e) If the inmate remains
			 in the DIS placement, a criminal, disciplinary or termination investigation
			 will thereby be inhibited.
(f) If
			 the inmate remains in the DIS placement, there is a substantial danger that the
			 inmate will commit a crime.
(g) If,
			 in the discretionary judgement of DIS staff, the inmate's retention in the DIS
			 placement is not reasonably calculated to serve the interests stated in s.
			 DOC
			 333.01.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.12 - Inmate funds

Current through June 24, 2024
(1) An inmate in a DIS placement is not
			 eligible for compensation under s.
			 DOC
			 309.55.
(2) The inmate shall sign an agreement
			 acknowledging the department's authority to collect all funds earned and
			 compensation received by the inmate while in a DIS placement and to disburse
			 those funds in accordance with this section. Refusal to sign an agreement is an
			 offense.
(3) The DIS business
			 manager or a financial institution designated to handle DIS inmate accounts
			 shall establish a separate DIS account for each inmate and make disbursements
			 in accordance with this section. All paychecks from DIS work assignments and
			 other funds received for inmates shall be sent to the DIS business manager or a
			 financial institution designated to handle DIS inmate accounts.
(4) Upon an inmate's placement in DIS, funds
			 in an inmate's general account, if any, shall be transferred to his or her DIS
			 account.
(5) The DIS business
			 manager or the designated financial institution shall disburse money received
			 while an inmate is in a DIS placement in the following order:
(a) Payment of restitution under s.
			 973.20, Stats., and
			 payment of the crime victim and witness assistance surcharge under s.
			 973.045(4),
			 Stats., and s.
			 DOC
			 309.465;
(b) Unless waived by DIS staff, an electronic
			 monitoring fee pursuant to s.
			 301.135(4),
			 Stats., to cover the actual costs associated with electronic monitoring
			 and
(c) The balance to the inmate
			 in a DIS placement.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.13 - Resources for DIS inmates

Current through June 24, 2024
(1) DISCLAIMER. The
			 department does not assume responsibility for the condition or safety of any
			 DIS residence, including the inmate's food and property at the residence, or
			 for the safety of others or their property at a DIS residence. In this
			 subsection, "DIS residence" does not include a type 1 prison, jail, county
			 reforestation camp, residential treatment facility or a community-based
			 residential treatment facility.
(2)
			 ACCESS TO LEGAL MATERIALS. Inmates shall be permitted to do reasonable legal
			 research at local law libraries with the prior approval of DIS staff.
			 "Reasonable research" means a maximum of four hours per week, including travel
			 time. Inmates with court imposed deadlines may request additional research
			 time.
(3) MEDICAL CARE.
(a) Inmates with private health insurance may
			 use any medical personnel and facilities covered by their policy with prior
			 approval of DIS staff.
(b) DIS
			 staff shall assist inmates without private health insurance to identify the
			 public health and social service agencies which can assist them with their
			 health care needs. Prior approval by the assigned agent is required for
			 utilization of medical personnel or facilities.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.14 - Use of force

Current through June 24, 2024
The use of force on inmates in DIS placements shall comply with
				s.
				DOC
				306.07, modified as follows:
(1) In addition to the conditions for use of
			 non-deadly force under s.
			 DOC
			 306.07(2), non-deadly force may be
			 used by DIS staff against a DIS inmate if 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 DIS staff against a DIS inmate except to
			 prevent death or great bodily injury to oneself or another.
(3) If the DIS 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 333 - Intensive Sanctions › Section DOC 333.15 - Mechanical restraints

Current through June 24, 2024
(1) Mechanical restraints which may be used
			 on inmates in DIS placements are limited to handcuffs, handcuffs with
			 restraining belt or chain, restraining chain and leg restraints.
(2) Mechanical restraints may be used only in
			 the following circumstances:
(a) To protect
			 staff or others from a DIS inmate who poses an immediate risk of flight or
			 physical injury to others unless restrained.
(b) To protect a DIS inmate who poses an
			 immediate threat of physical injury to himself or herself unless
			 restrained.
(c) To protect staff
			 when staff is conducting a search of the inmate's residence.
(d) When taking a DIS inmate into
			 custody.
(e) To transport a DIS
			 inmate.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.16 - Oleoresin of capsicum, firearms and other weapons

Current through June 24, 2024
(1) OLEORESIN OF
			 CAPSICUM. For the purpose of this section, "oleoresin of capsicum" means the
			 oleoresin extracted from fruits of plants of the genus capsicum. The oleoresin
			 contains the active ingredient capsaicin and related compounds classified as
			 capsaicinoids.
(2) USE OF OLEORESIN
			 OF CAPSICUM. An employee may carry or use oleoresin of capsicum, as permitted
			 under s.
			 941.26(4)
			 (a), Stats., while on duty, only under the
			 following conditions:
(a) After successfully
			 completing a department approved training program or, if applicable, after
			 successfully updating training according to department policy and
			 procedure.
(b) While acting in
			 self-defense or defense of a third person, as allowed under ss.
			 941.26(4)
			 (c) 1 and
			 939.48,
			 Stats.
(c) Toward an offender,
			 another person or an animal.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.17 - Escapes

Current through June 24, 2024
(1) PLAN. The administrator shall develop and
			 annually review and update a written plan to be implemented if an escape occurs
			 from a DIS placement. The plan shall provide for all of the following:
(a) If DIS staff believe that an inmate may
			 have escaped because the inmate has left an assigned area, or has not returned
			 to the DIS residence on schedule, the electronic monitoring equipment indicates
			 someone has tampered with it or DIS staff have received other relevant
			 information, DIS staff shall attempt to contact the inmate.
(b) If DIS staff believe, for the reasons set
			 forth in par. (a), the inmate has escaped or if an inmate is 4 or more hours
			 late returning to the DIS residence without authorization from appropriate DIS
			 staff, DIS staff shall communicate an apprehension request on the inmate to law
			 enforcement agencies.
(c) After an
			 apprehension request has been made for the inmate, the escape shall be reported
			 orally and in writing to the administrator.
(d) DIS staff shall notify the administrator
			 and law enforcement agencies orally and in writing when an inmate who has
			 escaped is apprehended.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.18 - Search of DIS inmate's residence

Current through June 24, 2024
(1) A search of a
			 DIS inmate's residence, including the grounds, his or her vehicle, areas
			 occupied by other occupants of the residence or any property under the inmate's
			 control, may be made at any time by any DIS staff member. There is no
			 requirement that there be any evidence that contraband is concealed in the
			 residence before a search is conducted.
(2) Before the search occurs, it shall be
			 approved orally or in writing by a DIS 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 report of all searches conducted under sub. (1). This report
			 shall be prepared by the DIS staff who conducted the search. The report shall
			 state:
(a) The identity of the DIS staff 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 location of the property which is
			 searched.
(e) The reason for
			 conducting the search. If the search was a random search, the report shall
			 state that fact.
(f) Any objects
			 which were seized pursuant to the search.
(g) Whether any damage was done to the
			 premises during the search.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.19 - Search of DIS inmates

Current through June 24, 2024
(1) Searches of inmates approved for DIS
			 placements shall comply with s.
			 DOC
			 306.16, modified as follows:
(a) In addition to the reasons for a personal
			 search of an inmate listed under s.
			 DOC
			 306.16(2), a personal search of an
			 inmate in a DIS placement may be conducted by DIS staff 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 under the following circumstances:
1. Immediately before transfer to the DIS
			 placement;
2. Upon arrival at the
			 DIS 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 DIS inmates. Selection of inmates for
			 random testing may not be done for the purpose of harassing or intimidating
			 inmates; or
5. As DIS supervisory
			 staff determine to be appropriate, if an inmate has a history of alcohol or
			 other drug abuse.
(d)
			 "Administrator" is substituted for "superintendent".
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.20 - Search of staff

Current through June 24, 2024
Section
				DOC
				306.18 shall regulate the search of DIS staff, except
				that a search is authorized before and after a staff member has contact with a
				DIS inmate or if there are reasonable grounds to believe the staff member is
				concealing an unauthorized object and except that "administrator" is
				substituted for "superintendent". The report of a strip search shall be filed
				with the administrator.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.21 - Use of contraband and test results in disciplinary review process

Current through June 24, 2024
(1) Contraband
			 seized during a search which is done in violation of this chapter may be used
			 as evidence in the disciplinary review process under s.
			 DOC
			 333.08.
(2) Results of physical examinations and
			 tests performed on body content specimens for the purpose of detecting
			 intoxicating substances may be used as evidence in the disciplinary review
			 process under s.
			 DOC
			 333.08.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.22 - Emergencies

Current through June 24, 2024
(1) An emergency is an immediate threat to
			 the safety of DIS staff, inmates or the public. An emergency includes, but is
			 not limited to:
(a) Failure of the DIS
			 inmate's electronic surveillance equipment;
(b) Malfunctioning of the DIS inmate's
			 telephone system; or
(c) A strike
			 of department employees.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.23 - Inmate travel

Current through June 24, 2024
Inmates who are confined in a Type 1 prison or a jail are not
				eligible for out-of-state travel. All other inmates may travel out-of-state
				only with the prior written authorization of the administrator or his or her
				designee. An inmate may travel within the state only with the prior written
				authorization of DIS staff.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 333 - Intensive Sanctions › Section DOC 333.26 - Inmate complaints

Current through June 24, 2024
(1) Inmates in DIS shall be provided an
			 opportunity for review of decisions through the inmate complaint process. This
			 process is used to encourage communication and cooperation between inmates and
			 staff while resolving problems in an orderly and uniform fashion.
(2) In this section:
(a) "Calendar days" means all days including
			 Saturdays, Sundays and legal holidays.
(b) "Complaint" means a written statement by
			 a DIS inmate which identifies a decision, states the reasons for the complaint
			 and complies with the time limit stated in this section, except that a late
			 complaint may be accepted for cause.
(c) "Request for review" means a written
			 request submitted by a DIS inmate to his or her agent's supervisor which states
			 the reason for the request and complies with the time limits set forth in this
			 section, except that a late request may be accepted for cause.
(d) "Working days" means all days except
			 Saturdays, Sundays and legal holidays.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.01 - Authority

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				1.11
				and
				227.11(2),
				Stats., to implement the Wisconsin environmental policy act, s.
				1.11,
				Stats., insofar as proposed major actions of the department may significantly
				affect the quality of the environment of human beings. The chapter provides for
				a process of agency decision-making in public which depends on, although it is
				not necessarily determined by, thorough, objective analysis of the effects of a
				proposed action on the environment and of alternatives to such an
				action.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.03 - Purpose

Current through June 24, 2024
This chapter shall:
(1) Provide principles, objectives,
			 definitions, criteria, and procedures to be used by the department to implement
			 s.
			 1.11,
			 Stats. Implementation includes identification and evaluation of proposed
			 actions; study, development, and description of alternatives for those proposed
			 actions that involve unresolved conflicts in the use of available resources;
			 and preparation and review of environmental assessments and environmental
			 impact statements;
(2) Ensure that
			 high-quality environmental information, deriving from sound analysis of the
			 likely consequences for the environment of major actions and from the
			 development of alternatives, is available to department managers and citizens
			 before decisions are made;
(3)
			 Ensure that department staff who make decisions or contribute to decisions
			 understand and consider potential environmental consequences of proposed
			 actions and attempt to minimize the adverse consequences of these actions;
			 and
(4) Facilitate public scrutiny
			 and understanding of proposed actions of the department that may significantly
			 affect the quality of the human environment.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.05 - Types of actions

Current through June 24, 2024
The department has grouped its actions into 3 types to
				facilitate its determination of need for an EIS.
(1) TYPE I ACTIONS. A type I action will
			 always require an EIS. Construction of a new residential institution of 65 or
			 more beds at a location where there was not previously a department-operated
			 institution is a type I action.
(2)
			 TYPE II ACTIONS. A type II action may or may not require an EIS, depending on
			 the significance of the action. All of these actions shall be evaluated by
			 means of an environmental assessment (EA). In the EA, the department shall
			 study, develop and describe appropriate alternatives to the proposed action.
			 Type II actions include the following:
(a)
Facilities development.
1.
			 Construction of a new residential institution of fewer than 65 beds at a
			 location where there was not previously a department-operated
			 institution.
2. Construction at an
			 existing department-operated institution of a new or replacement building or
			 other structure or the addition to or change in the exterior physical design of
			 a building or other structure, the cost of which is the same as or more than
			 the limit where approval of the building commission is required pursuant to s.
			 13.48(10),
			 Stats.
3. Acquisition or
			 modification of an existing building to serve as a community residential
			 facility for clients.
4.
			 Modification of a building at an existing department-operated institution to
			 serve a different program and population.
5. Changes in land use at minimum security
			 facilities or beyond the secure perimeter of other facilities operated by the
			 department to include but not be limited to construction of athletic fields,
			 roads, parking facilities, bridges, and walls or fences.
6. Construction of a planned lake or pond
			 development or renewal of an existing pond development.
7. Development of new sanitary land fill and
			 solid waste disposal sites, and closing of existing sites.
8. Sale of an institution.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.06 - Determination of need for an EIS

Current through June 24, 2024
(1) During the
			 early planning of an action, the department shall determine the need or
			 desirability of preparing an EIS on the proposed action, in accordance with ss.
			 DOC
			 335.05 and
			 335.07.
(2) The department shall prepare an EIS for
			 all type I actions, and for all type II actions which are found to
			 significantly affect the environment of human beings.
(3) The department may prepare an EIS on any
			 other action at any time to assist planning and decisionmaking for the
			 action.
(4) If the department
			 decides to prepare an EIS, it does not need to prepare an EA.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.07 - Preparation of environmental assessment

Current through June 24, 2024
(1) Except as
			 provided in s.
			 DOC
			 335.06(4), to determine whether a
			 type II action is major and significantly affects the quality of the natural
			 and physical environment of human beings, and to describe alternatives to that
			 action, the department shall conduct an environmental assessment and shall
			 prepare a reviewable record in the form of a concise report. This shall be done
			 as early as possible in the planning process but, in any event, before
			 contracts are signed if the action involves construction. The report shall
			 include:
(a) A description of the proposed
			 action, to include the purpose of the action and need for the action;
(b) A description of those elements of the
			 environment of human beings which are affected by the proposed
			 action;
(c) Identification and
			 discussion of the most significant effects on the environment that can be
			 reasonably foreseen if the proposed action is carried out. "Effects" are of 2
			 types:
1. Primary effects are those on the
			 resources of water, air, land, plants, animals, energy use, historic
			 properties, wilderness, vistas, and tranquillity which is affected by noise.
			 Primary effects also include those on society and economy, but only when the
			 effects on society and economy are inter-related with the foregoing
			 resources.
2. Secondary effects
			 are, in relation to primary effects, the foreclosure of future options,
			 establishment of precedents, cumulative impacts when actions of the type are
			 repeated, stimulation of indirect effects, conflicts with official plans of
			 public agencies or with policies of governments at any level, and significant
			 controversy that may be or is generated by the proposed action.
(d) A consideration of reasonable
			 alternatives to the proposed action, including the alternative of no action,
			 and the identification of the significant environmental effects of these
			 alternatives when they differ from the anticipated impacts of the proposed
			 action; and
(e) A list of agencies
			 and persons consulted, with synopses of the comments and other pertinent
			 information provided by these agencies and persons.
(f) A preliminary recommendation on the need
			 for an EIS.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.08 - Preparation of environmental impact statement

Current through June 24, 2024
(1) SCOPING.
(a) As soon as possible after the decision to
			 prepare an EIS, the department shall inform the public and affected or
			 otherwise interested agencies that an EIS will be prepared and that the process
			 of identifying impacts and alternatives to be analyzed in the EIS is
			 beginning.
(b) The scoping process
			 shall include, to the extent possible, affected federal, state and local
			 agencies, any affected Indian tribe, and other interested persons. The process
			 may consist of meetings, hearings, workshops, surveys, questionnaires,
			 interagency committees, or other appropriate methods or activities, and may be
			 integrated with other public participation requirements.
(c) The department shall use the scoping
			 process to:
1. Determine the parameters of the
			 EIS and the significant issues to be analyzed in depth in the EIS;
			 and
2. Identify and eliminate from
			 detailed study the issues which are not significant or which have been covered
			 by prior environmental impact analyses. This will permit limiting the
			 discussion of these issues in the EIS to a brief presentation about why they
			 are not significant for the human environment or to references to other
			 documents in which these issues are discussed.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.09 - Review of the DEIS

Current through June 24, 2024
(1) SPECIFIED DISTRIBUTION. Copies of the
			 DEIS shall be distributed to:
(a) The
			 governor's office.
(b) The
			 department of natural resources and other state, federal, and local government
			 agencies having special expertise, interest or jurisdiction.
(c) Regional and county planning agencies
			 located within the proposed project or action area.
(d) The department's central office in
			 Madison.
(e) Appropriate public
			 libraries:
1. For proposed actions affecting a
			 local area, the nearest public library.
2. For projects of regional importance,
			 public libraries with a geographic distribution which permits public access
			 without undue travel.
3. For
			 projects having statewide significance, public libraries providing reasonable
			 access for individuals who could be affected by the proposed action.
(f) The county clerk, city clerk
			 or town clerk for proposed actions affecting a local area.
(g) Any individual or group requesting a
			 copy. Requests should be sent to the Division of Management Services,
			 Department of Corrections, P.O. Box 7925, Madison, WI 53707-7925.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.10 - Conversion of DEIS to FEIS

Current through June 24, 2024
After weighing the testimony received at the public hearing on
				the DEIS, and undertaking whatever further investigation in response to that
				testimony seems necessary, the department may convert a DEIS to an FEIS. This
				may be accomplished by replacing the cover sheet, modifying the statement as
				judged appropriate to reflect information received at public hearing or while
				the hearing record was kept open, and by adding an appendix which records and
				responds to information, concerns, views, arguments, and suggestions received
				at the hearing and while the hearing record was kept open.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.11 - Review of the FEIS

Current through June 24, 2024
(1) DISTRIBUTION. The FEIS shall be
			 distributed in the same manner as the DEIS in s.
			 DOC
			 335.09(1), and shall also be
			 distributed to any person, organization or agency that submitted comments on
			 the DEIS.
(2) NOTICE OF
			 AVAILABILITY. The availability of the FEIS shall be announced through a notice
			 similar to the notice of availability of the DEIS in s.
			 DOC
			 335.09(2). That notice shall state
			 whether the department will hold a public hearing on the FEIS, as permitted
			 under sub. (3) (b). The department shall provide a copy of the FEIS to any
			 individual or group requesting a copy.
(3) PERIOD FOR COMMENT.
(a) The department shall allow a minimum of
			 45 days from the date the notice of availability of the FEIS is published,
			 including a minimum of 7 days following a hearing held under par. (b), for
			 receipt of written comments on the FEIS from state and federal agencies and the
			 public.
(b) The department may hold
			 a public hearing on the FEIS. That hearing shall be announced through the
			 notice of availability of the FEIS which shall be published at least 25 days
			 prior to the hearing in a newspaper circulated in the affected area or, for
			 actions of statewide significance, in the official state newspaper.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.12 - Decision

Current through June 24, 2024
(1) REVIEW OF COMMENTS. After expiration of
			 the comment period on the FEIS and following any contested case hearing on the
			 adequacy of the FEIS, the department shall carefully review, summarize and
			 weigh the comments received on the FEIS and on the proposed action and the
			 decision following any contested case hearing before making a decision on the
			 action.
(2) RECORD OF DECISION.
			 After carefully reviewing the comments of interested parties on the FEIS, the
			 department shall enter a final decision in writing on the proposed action,
			 which shall be a clear, concise and public statement which discloses and
			 explains the decision, identifies the alternatives considered in reaching it
			 and the alternative or alternatives considered environmentally preferable, and
			 states whether all practicable means to avoid or minimize environmental harm
			 have been adopted and, if not, why not.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.13 - Supplements

Current through June 24, 2024
If it happens that after an FEIS has been prepared, the public
				comment period has ended, and a decision has been made on the proposed action,
				but before contracts have been signed or construction has begun, whichever
				happens first, or other implementation has begun, the department substantially
				changes the proposed action in environmentally significant ways, or if
				significant new circumstances arise or information is developed relevant to
				environmental concerns and having a bearing on the proposed action or its
				impacts, the department shall prepare a supplement to the FEIS which shall be
				distributed and reviewed in the same manner as the FEIS as provided in s.
				DOC
				335.11.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.14 - Equivalent processes

Current through June 24, 2024
(1) Where another state agency has concurrent
			 responsibility with the department for a proposed type II action, a joint
			 environmental assessment may be prepared with the other agency, or the
			 environmental assessment prepared by the other agency may be accepted by the
			 department provided that the assessment meets the requirements of this chapter,
			 in which case the department's responsibility under WEPA has been
			 met.
(2) Where a proposed action is
			 found to require an EIS and another state agency is involved in the approval or
			 decision, a joint EIS may be prepared with the other agency, or the EIS
			 prepared by the other agency may be accepted by the department provided that
			 the EIS meets the standards for an adequate statement under this chapter, in
			 which case the department's responsibility under WEPA has been met.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 335 - Environmental policy implementation › Section DOC 335.15 - Responsibilities

Current through June 24, 2024
(1) SINGLE DEPARTMENT OFFICE.
(a) The department shall have one office in
			 Madison that other agencies and the public may contact to find out about
			 department procedures implementing WEPA and progress being made in preparation
			 of particular WEPA documents, and to obtain copies of environmental impact
			 statements, environmental assessment reports, the department's action typelist,
			 the department's administrative rules for WEPA implementation, and the final
			 written decision of the department on particular proposed actions for which an
			 environmental impact statement was prepared.
(b) The single office of the department for
			 WEPA-related matters shall also:
1. Maintain
			 this chapter of administrative rules.
2. Arrange for department review and comment,
			 if appropriate, on the environmental impact statements of other
			 agencies.
3. Suggest and approve
			 formats and forms for divisions to use in carrying out their responsibilities
			 under sub. (2).
4. Train, keep
			 updated, and advise appropriate division staff, including managers, about WEPA
			 requirements and department procedures for implementation of WEPA.
5. At the request of the department
			 secretary, review for adequacy or coordinate review for adequacy of any
			 division-proposed environmental assessment report or environmental impact
			 statement.
6. Ensure that copies of
			 this chapter are maintained for public review at the department's central
			 office.