Wisconsin Administrative Code › Department of Corrections › Chapter DOC 325 - Temporary Release Under Supervision › Appendix - Appendix

Current through June 24, 2024
Note:
				DOC
				325.01.
				DOC
				325.01 states the broad objectives of temporary
				release. Such release must be under the direct supervision of a staff member or
				other person designated by the warden. Unescorted leave is provided for under
				ch. DOC 326. Temporary release under escort is not a release under ch. DOC
				324.
Subsection (1) recognizes that use of community resources may
				be beneficial for inmates. Programs outside the institution can provide
				resources that the department could not develop and that are valuable for
				reintegration. Temporary release is used for the Jaycee program at Waupun and
				other educational, religious, and athletic programs. Release for job interviews
				for work or study release placements will also aid later reintegration.
An inmate may be temporarily released under supervision to
				visit a seriously ill close family member or to attend the funeral of a close
				family member. Experience has shown that this opportunity is desirable for an
				inmate. It maintains family ties; the inmate is with family during a difficult
				period; and feelings of pain and sorrow are more easily handled. Being with the
				family also assists in adjustment at the institution.
An inmate may be temporarily released to facilitate handling
				emergency situations. For example, this chapter gives correctional authorities
				flexibility to respond to requests from law enforcement agencies and courts or
				to temporarily release an inmate for medical treatment. Temporary release under
				supervision provides a means of releasing an inmate who either is ineligible
				for unescorted leave under ch. DOC 326 or is eligible but because of time
				limitations cannot be approved in time.
Temporary release must be consistent with the preservation of
				institutional order and public protection. Experience shows that at certain
				times release can foster institutional adjustment. However, if a warden finds
				that release would threaten institutional order or public safety, denying the
				release may be necessary although the objective of the request is
				proper.
Note:
				DOC
				325.02. The statutory authority for temporary release
				applies only to the state of Wisconsin. If it becomes necessary to transport an
				inmate outside the state, it must be done under some other authority; for
				example, a court order or an extradition order.
Note:
				DOC
				325.03. Under sub.
(1), the underlying relationship, rather than actual blood
				ties, determines who is a close family member.
Note:
				DOC
				325.04. Inmates released under the authority of ch.
				DOC 324 (work and study release) and ch. DOC 326 (leave for qualified inmates)
				need not be directly supervised. When inmates are released under the authority
				of this chapter, however, direct supervision is required.
Because any inmate, regardless of custody rating, can be
				released temporarily consistent with the purposes under s.
				DOC
				325.01, different levels of supervision may be
				necessary, and s.
				DOC
				325.07 requires the warden to specify the conditions
				of supervision.
This section authorizes the warden to designate persons other
				than staff members to supervise inmates released under this chapter. Often the
				institution will approve for inmate participation a program run by
				noninstitution staff. The supervisor of such a program may be designated as the
				escort for an inmate who participates. This section is not intended to
				authorize appointment of inmate's attorneys or friends as escorts.
Note:
				DOC
				325.06. Section
				302.15,
				Stats., specifically grants the warden power to order release for off grounds
				activities approved by the department. Section
				304.115,
				Stats., specifically grants emergency removal power to the secretary and
				authorizes its delegation to the warden. This section makes it clear that
				authority has been delegated to the warden.
Note:
				DOC
				325.07. The warden sets the conditions to be followed
				on temporary release. The conditions will vary, depending on the purpose of the
				leave and the security risk, but must comply with s.
				DOC
				302.05 regarding use of restraints.
Note:
				DOC
				325.08. Subs. (1) and (2) were adopted to inform
				inmates, the public, and correctional personnel of the more routine reasons for
				ordering temporary release. Thus, releases under the criteria in the 2
				subsections should be consistent with the overall purposes of this chapter. The
				warden is not required, however, to release an inmate just because his or her
				request is based on the criteria under the first 2 subsections. The warden may,
				for good reason, deny a request even though the request satisfies the criteria.
				For example, if a warden knew of an escape to be attempted by an inmate at a
				job interview, the application for temporary release should not be approved.
Note:
				DOC
				325.09.
				DOC
				325.09 requires that the specific conditions of the
				release be in writing.
Note:
				DOC
				325.10. Section
				302.15,
				Stats., specifically states that an inmate is subject to the rules and
				discipline of the department when released under that section. Since an inmate
				is in the department's custody while on temporary release, the inmate is deemed
				under this section to be under the institution's care and control.
Note:
				DOC
				325.11. This section gives the person escorting the
				inmate authority to issue lawful directives to the inmate, because the varying
				circumstances of releases make it impossible to specify all conduct an inmate
				may engage in as a condition of the leave.
Note:
				DOC
				325.12. Under sub. (1), cancellation of a temporary
				release order is at the warden's discretion. Since the warden has authority
				under s.
				DOC
				325.06 to approve the release, the warden is the
				person authorized to cancel it. This power to cancel temporary release must be
				unrestricted in the interests of security.
It is important that the warden put into writing the reasons
				for cancellation of the order and the facts upon which the decision was based.
				This is important. If the cancellation was for inmate misconduct, the
				misconduct will be documented. If the cancellation was not for inmate
				misconduct, having the reason recorded is extremely important for the inmate,
				because the record will ensure that accurate information is available to the
				program review committee and the parole commission.
Note: DOC 325.13. Since release requires an escort and
				transportation, a warden may require the inmate to pay. This subsection should
				be applied with fairness and in a manner consistent with the requirements of
				ss.
				DOC
				309.45 to
				309.52.
If an inmate with very little money would like to attend the
				funeral of a parent, the warden may require the inmate to pay a very minimal
				cost or none because the warden believes the inmate's attendance at the funeral
				would benefit the inmate. If the same inmate were to attend an athletic event
				with other inmates, however, the warden might decide that the benefit to the
				inmate is not significant enough to relieve him or her from the obligation of
				paying the cost.
DOC
				  325.14. Because specific procedures vary among
				  institutions, this section does not specify the procedure. Any procedure
				  implementing this section shall ensure timely action on inmate requests.
				  Obviously, any request made within a reasonable time before the requested time
				  of release must be acted on before that
				  time.