Wisconsin Administrative Code › Department of Corrections › Chapter DOC 324 - Work And Study Release › Appendix - APPENDIX

Current through June 24, 2024
Note:
DOC
				324.01. Work and study release improve the inmate's
				chances for successful reassimilation in the community. The inmate is gradually
				exposed to the responsibilities and experiences of life outside an institution,
				so the adverse effects of abrupt release from the structured prison environment
				are avoided.
Work and study release not only offer a period of gradual
				psychological adjustment, but also may directly remedy some educational or
				training deficiencies contributing to criminal conduct. Many offenders lack job
				skills, making it difficult to obtain employment and, consequently, to meet
				financial obligations. Studies have shown that in many cases, lack of financial
				resources contributes to a return to criminal activity after release. Work
				release provides a job, enabling the inmate to develop skills and accumulate
				savings. Study release increases the inmate's skills through educational or
				training programs.
Work release has other direct benefits. An inmate earning wages
				must pay room and board costs, thereby reducing confinement costs paid by the
				public. And s.
				303.065,
				Stats., provides a priority schedule for payment of private debts when work
				release earnings are sufficient.
Note:
DOC
				324.04.
				DOC
				324.04 sets the minimum requirements for eligibility
				for work and study release. While meeting these requirements does not entitle
				an inmate to participate in the program, it does entitle an inmate to
				participate in the warden or superintendent approval procedure described s.
				DOC
				324.05.
Work and study release placements are not available to everyone
				who wants them, everyone who is eligible, or even everyone the warden or
				superintendent approves. A work or study release program requires the continued
				cooperation of the employer or the educational authority who provides the
				placement. Therefore,
				DOC
				324.04 limits eligibility to inmates most likely to be
				successful.
Subsection (1) requires an inmate to have a community custody
				classification as a condition of eligibility. This is true for inmates
				incarcerated in institutions which have more than one security level such as
				Taycheedah Correctional Institution as well as inmates housed in institutions
				with only one security level is the only classification allowing inmates the
				freedom of movement outside the institution necessary for participation in work
				or study release. These inmates are considered minimal escape risks and less
				likely to commit acts adversely affecting their release. For a discussion of
				security classification criteria, see DOC 302.
Note:
DOC
				324.05. Approval for work and study release is made by
				the warden or superintendent.
If the warden or superintendent approves, the work release
				coordinator is notified, and an attempt is made to find an appropriate
				placement. Warden or superintendent approval does not guarantee the inmate will
				be placed.
Note:
DOC
				324.06.
				DOC
				324.06 is the procedure for placing the inmate
				following warden or superintendent approval. Once a suitable placement is
				found, the coordinator obtains the necessary documentation confirming
				acceptance by the employer or school authority; advises the employers and
				school authorities of their responsibilities; explains to the inmate the rules
				of work release or study release, the financial agreement, and movement
				restrictions.
Placement in work release is subject to the requirements of s.
				DOC
				324.07, and study release is subject to the
				requirements of s.
				DOC
				324.08.
The financial obligations of the inmate must be investigated
				(sub. (2)) and a plan for disbursement made. This is required under s.
				303.065,
				Stats., which gives the department the power and responsibility to control and
				disburse money. Sub. (4) requires the inmate to sign a financial agreement to
				ensure that the inmate is informed of the disbursement plan. See
				DOC
				324.09.
Note:
DOC
				324.07. Section
				DOC
				324.07 states the requirements for work release
				placement. Subsection (1) requires that a job be available for the inmate.
				Having a job will help the inmate following release, making recidivism less
				likely.
Subsection (2) requires that financial compensation paid to
				inmates be comparable to that of non-inmate workers, which is consistent with
				the purposes discussed in s.
				DOC
				324.01. Inmates are not to be a source of inexpensive
				labor, though employers may save some money by employing them.
Note:
DOC
				324.08. Placement of an inmate in the study release
				program under s.
				DOC
				324.06 shall be in accordance with the requirements of
				s.
				DOC
				324.08.
Subsection (2) allows the facility staff to grant approval for
				any length of time. The approval time period should coincide with school terms
				and the duration of the program in which the inmate is enrolled whenever
				possible.
Note:
DOC
				324.09. Subsection (4) (g) provides that the inmate be
				paid only the current set canteen limit out of work release wages or study
				release funds. This gives the inmate the same spending rights as other inmates.
				Unspent funds up to the limit can be saved for expensive purchases. The
				disbursement priority is set by s.
				303.065(5),
				Stats., and wages and any leftover balance are paid only when the obligations
				in sub. (4) (a) through (g) have been satisfied. The requirement that the
				inmate be paid the maximum allowed for canteen was adopted so inmates have
				funds to use for their personal needs while in a state correctional facility.
				Since they are not receiving institutional pay, this is desirable. Any amount
				above that is to be kept segregated. Upon release, the inmate's parole agent is
				required to supervise the disbursement of funds from all institution accounts
				including release, general and segregated accounts.
Note:
DOC
				324.12.
				DOC
				324.12 regulates inmate conduct while on work or study
				release and will be incorporated into any work release agreement or study
				release agreement the inmate must sign.
Subsection (1) applies to both work and study release, and sub.
				(2) applies only to study release.
Subsection (1) (a) restricts the inmate to an area designated
				for the placement under
				DOC
				324.06(4). This area will be
				described on a form, and the inmate will receive a copy so that the
				restrictions are clear.
All the provisions of sub. (1) are intended to encourage the
				inmate to concentrate on the duties related to the placement. Because
				opportunities for diversion in the community may be numerous, and because the
				potential for abuse of work or study privileges may be great, this provision
				limits the diversions that may lead to misconduct.
In sub. (1) (b) because many items which an inmate may
				legitimately possess could also be used as weapons, in the case of such items
				an intent to use the item as a weapon must be shown.
Intent will usually be inferred from the circumstances. For
				example, possession of a razor blade which is located in a razor or in a box of
				blades and with other toiletry items would not, in itself, be an offense. But
				carrying around a single razor blade, especially outside the cell, would
				probably be considered carrying a weapon.
An item in its original form may have both a legitimate use and
				a use as a weapon. Examples are knives, kitchen utensils, matches, cigarettes,
				tools, and heavy objects. Items which have been altered from their original
				form may be considered to be weapons. Examples include a spoon or table knife
				which has been sharpened and a razor blade which has been taped or fitted to a
				handle. If an inmate makes or alters such an item, in most cases the intent to
				use the item as a weapon can be inferred from the mere fact of making the
				item.
Some items have no other purpose than to be used as weapons.
				Examples include guns, explosives and switchblade knives.
Subsection (2) contains additional rules that apply only to
				study release. The requirement that inmates maintain a passing grade and a
				cumulative average grade point of 2.0 on a 4.0 scale is higher than that
				required by many educational institutions for continued enrollment. It is
				intended to ensure that the study release program does not pay for inmates
				whose performance is marginal. Since placements are in demand, they should be
				filled by inmates who will most benefit from them.
Incompletes in courses may indicate problems for some inmates,
				but may be acceptable in other cases.
The approval requirements of sub. (2) (c) are necessary because
				evening activities, field trips, social events, and athletic events present
				additional supervision problems. To ensure adequate protection of the public
				against escape or other misconduct, participation in these functions require
				approval and may require a staff escort.
Note:
DOC 324.13. DOC 324.13 is the procedure by
				which work and study release can be terminated for the reasons listed in sub.
				(3). If the inmate requests the termination, it is subject to the approval of
				the warden or superintendent.
When termination is not initiated by the department, a due
				process hearing is not required.
If the placement is terminated for one of the reasons listed in
				s. DOC 324.13(3), the inmate has the right to a hearing unless he or she waives
				that right. The procedure is essentially identical to the major hearing process
				under the discipline rule, ch. DOC 303, except as noted in sub. (6). This
				procedure is in accord with
Perrote v. Percy
465 F. Supp. 112
				(W.D. Wis. 1979) and the amended judgment of May 13, 1980, number
				78-C-27W.
Because a placement may be lost if the inmate is not available
				for an extended period, it is important that the decision to terminate the
				placement or return the inmate to the placement be made in a timely
				fashion.