reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 309 - Resources For Inmates › Section DOC 309.49 - Disbursement of inmate account funds

Current through June 24, 2024
(1) General account
			 funds, in excess of the amount specified for canteen, under s.
			 DOC
			 309.52(1) (b), shall be disbursed by
			 the institution business manager under sub. (3). All disbursements shall be
			 consistent with the purposes under s.
			 DOC
			 309.45.
(2) Inmates may request to have general
			 account funds disbursed for any reason. The procedure for processing inmate
			 requests is required to be written under s.
			 DOC
			 309.48.
(3) Requests for disbursement in excess of
			 $25 to more than one close family member and to other persons under sub. (4)
			 (a) may be made only with written permission of the superintendent or designee.
			 All other disbursements are approved or disapproved by the person designated by
			 the institution under s.
			 DOC
			 309.48(4).
(4) The objectives of s.
			 DOC
			 309.45 may be fulfilled by disbursements of general
			 account funds in excess of the canteen limit including, but not limited to, the
			 following:
(a) To any source not including
			 sources under par. (b), (c), (d), or (f) only with written permission from the
			 superintendent under sub. (3).
(b)
			 Twenty-five dollars or less to the inmate's one close family member once every
			 30 days. Such disbursements do not require approval by the
			 superintendent.
(c) To deposit in
			 an interest bearing account established in the inmate's name at a bank
			 designated by the department. All interest shall accrue to the inmate. Such
			 disbursements do not require approval by the superintendent.
(d) To purchase United States savings bonds.
			 Bonds purchased for others are subject to the limitations under par. (b). Bonds
			 purchased shall be retained by the institution business manager until redeemed
			 or until the inmate's release. Any redemption money shall be returned to the
			 general account. Such disbursements do not require approval by the
			 superintendent.
(e) To pay
			 creditors' claims acknowledged in writing by the inmate and claims reduced to
			 judgment. Such disbursements require approval by the superintendent. If
			 necessary, the claims may be verified.
(f) To pay costs of temporary release under
			 ch. DOC 325 and leave for qualified inmates under ch. DOC 326. Such
			 disbursements do not require approval by the superintendent.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 309 - Resources For Inmates › Section DOC 309.50 - Segregated account funds

Current through June 24, 2024
(1) Funds received
			 for inmates on work or study release shall be credited to a segregated
			 account.
(2) Collection and
			 disbursement of funds received under sub. (1) shall be governed under ch. DOC
			 324.
(3) Funds received by inmates
			 for enrollment in programs within the institution and funded by the institution
			 shall be placed in a segregated account. Inmates shall be required to pay the
			 costs of tuition and books from these funds. If an inmate refuses to do so, it
			 may be grounds for removal from a program.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 309 - Resources For Inmates › Section DOC 309.51 - Funds for legal correspondence and copying

Current through June 24, 2024
(1) Correspondence
			 to courts, attorneys, parties in litigation, the inmate complaint review system
			 under ch. DOC 310 or the parole board may not be denied due to lack of funds,
			 except as limited in this subsection. Inmates without sufficient funds in their
			 general account to pay for paper, photocopy work, or postage may receive a loan
			 from the institution where they reside. No inmate may receive more than $200
			 annually under this subsection, except that any amount of the debt the inmate
			 repays during the year may be advanced to the inmate again without counting
			 against the $200 loan limit. The $200 loan limit may be exceeded with the
			 superintendent's approval if the inmate demonstrates an extraordinary need,
			 such as a court order requiring submission of specified documents. The
			 institution shall charge any amount advanced under this subsection to the
			 inmate's general account for future repayment. An inmate may be permitted to
			 retain in the inmate's general account an amount of money specified, in
			 writing, by the bureau of adult institutions that is not subject to repayment
			 of the loan.
(2) The costs to
			 inmates of engaging in correspondence described in sub. (1) may not exceed the
			 following:
(a) Fifteen cents per page of
			 photocopy; and
(b) Two cents per
			 sheet of paper.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 309 - Resources For Inmates › Section DOC 309.52 - Canteen

Current through June 24, 2024
(1)
(a)
			 Each institution shall maintain a canteen accessible directly or indirectly to
			 inmates to facilitate purchase of property approved under s.
			 DOC
			 309.20. Institution staff may consult with the inmate
			 population in selecting canteen stock.
(b) The division of adult institutions shall
			 establish, in writing, a maximum allowable amount of money that may be spent
			 during a specified period of time. The division should adjust this amount
			 periodically to reflect the impact of inflation on purchasing power.
(c) A current list of approved and available
			 merchandise, giving the price of each item, shall be conspicuously posted at
			 each canteen. Copies shall be made available to inmates who do not have direct
			 access to the canteen.
(d)
			 Institutions shall permit inmates to purchase approved personal property not
			 carried in the canteen. The procedures to be followed shall be written and
			 available to inmates. The procedures shall permit purchases from a sufficient
			 number of enterprises to ensure a reasonable selection and a competitive
			 price.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 309 - Resources For Inmates › Section DOC 309.55 - Compensation

Current through June 24, 2024
(1) PURPOSES AND APPLICABILITY.
(a) Except as provided under sub. (7), this
			 section shall govern compensation for inmates participating in approved work and
			 program assignments while confined in a correctional institution. This section
			 does not apply to corrections industries or the prison farms. Inmates
			 participating in work and program assignments are not employees of the
			 state
(b) The purposes of this
			 section are:
1. To provide uniform and fair
			 compensation standards to encourage and reinforce positive inmate
			 behavior;
2. To enable inmates to
			 make purchases from the canteen and accumulate funds to assist them upon their
			 release;
3. To encourage inmates to
			 complete their assignments successfully;
4. To promote institutional order by providing
			 inmates with an incentive for good behavior; and
5. To encourage inmates to develop skills that
			 will be useful in helping them to become reintegrated into the community upon
			 release.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 309 - Resources For Inmates › Section DOC 309.61 - Religious beliefs and practice

Current through June 24, 2024
(1) GENERAL
			 PRINCIPLES.
(a) The department may not
			 discriminate against an inmate or an inmate group on the basis of the inmate's
			 or group's religious beliefs. The department recognizes that religious beliefs
			 can provide support to inmates which may aid in their adjustment to
			 institutional life and can lead to development of community ties which may aid
			 in the inmates' successful reintegration into the community upon
			 release.
(b) Inmates may pursue
			 lawful religious practices required or encouraged by their respective religions
			 which are consistent with their orderly confinement, the security of the
			 institution and fiscal limitations.
(c) The department may not require inmates to
			 participate in religious activities and may not maintain information concerning
			 an inmate's religious activities other than records required for administrative
			 purposes.
(d) To the extent
			 feasible, institutions shall make facilities and other resources available to
			 inmates for religious practices permitted under sub. (2).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.01 - Purpose and authority

Current through June 24, 2024
(1) The purpose of this chapter is to afford
			 inmates in institutions a process by which grievances may be expeditiously
			 raised, investigated, and decided.
(2) The inmate complaint review system serves
			 the following objectives:
(a) To allow inmates
			 to raise in an orderly fashion issues regarding department policies, rules,
			 living conditions, and employee actions that personally affect the inmate or
			 institution environment, including civil rights claims.
(b) To provide the department an opportunity
			 to resolve the issue before an inmate commences a civil action or special
			 proceeding.
(c) To encourage
			 communication between inmates and employees.
(d) To review and explain correctional policy
			 or practice to inmates and employees.
(e) To identify errors and deficiencies in
			 correctional policy or practice.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.02 - Applicability

Current through June 24, 2024
(1) This chapter applies to all inmates in
			 the department's legal custody.
(2)
			 Inmates may file complaints with the department for matters under the
			 department's authority.
(3) Inmates
			 housed in other jurisdictions are required to file complaints with that
			 jurisdiction for all matters under that jurisdiction's control.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Calendar week" means Sunday through Saturday.
(2) "Calendar year" means 12 calendar months
			 beginning January 1 and ending December 31.
(3) "Complaint record" means ICRS forms and
			 evidence compiled in connection with an ICRS complaint by the ICE or
			 CCE.
(4) "Corrections complaint
			 examiner" or "CCE" means the employee of the department who is designated by
			 the secretary to process and review complaints appealed to the
			 secretary.
(5) "Days" means all
			 calendar days including Saturdays, Sundays, and state legal holidays.
(6) "Department" means the department of
			 corrections.
(7) "Division" means
			 the division of adult institutions.
(8) "Employee" means any staff member, an
			 employee of a contract agency, an independent contractor, or a volunteer of the
			 department or an institution.
(9)
			 "Good cause" means substantial grounds, justification, or reason to take a
			 certain action as determined by the examiner.
(10) "Inmate complaint review system" or
			 "ICRS" means the process by which complaints filed by inmates of adult
			 correctional institutions are investigated and resolved.
(11) "Institution" means a correctional
			 institution or correctional facility defined under s.
			 302.01,
			 Stats.
(12) "Institution complaint
			 examiner" or "ICE" means the person or persons at each institution designated
			 by the warden to process, investigate, and make recommendations on complaints
			 filed under this chapter.
(13)
			 "Moot" means any of the following:
(a)
			 Abstract and not arising from existing facts or rights.
(b) Already resolved.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.04 - Inmate complaint review system

Current through June 24, 2024
(1) The department
			 shall maintain an inmate complaint review system that shall be accessible to
			 all inmates in institutions. The department shall do all of the following:
(a) Provide access to written notification of
			 the complaint procedures to inmates.
(b) Provide each inmate written or oral
			 explanation of the complaint procedures.
(c) Provide an inmate the opportunity to ask
			 and have questions answered relating to the complaint procedure.
(d) Provide complaint and appeal
			 forms.
(e) Permit an inmate to seek
			 assistance to file a complaint.
(f)
			 Not subject an inmate to retaliation for participation in the ICRS.
(g) Allow an inmate to pursue a complaint of
			 retaliation through the ICRS.
(h)
			 Review and investigate inmate complaints.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.06 - Scope of complaint review system

Current through June 24, 2024
(1) An inmate may
			 use the ICRS to raise issues regarding policies, rules, living conditions, or
			 employee actions that personally affect the inmate or institution
			 environment.
(2) An inmate may
			 raise issues, including civil rights claims, through the ICRS regarding
			 classification, disciplinary actions, administrative confinement, or request
			 for qualified leave, and decisions regarding requests to authorize new
			 religious practice or religious property only after exhausting any of the
			 following, as appropriate:
(a) The
			 classification administrative review process under ch. DOC 302.
(b) The disciplinary appeal process under ch.
			 DOC 303.
(c) The administrative
			 confinement review process under ch. DOC 308.
(d) A request for qualified leave process
			 under ch. DOC 326.
(e) A review
			 process designated by the department for the request of new religious practice
			 or property.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.07 - Filing of complaints

Current through June 24, 2024
(1) Prior to filing a formal complaint, an
			 inmate shall attempt to resolve the issue by following the designated process
			 specific to the subject of the complaint. The ICE may request inmates to
			 provide evidence of having followed the specified process.
(2) An inmate shall file a complaint within
			 14 days after the occurrence giving rise to the complaint. At the discretion of
			 the ICE, a late complaint may be accepted for good cause. An inmate shall
			 request to file a late complaint in the written complaint and explicitly
			 provide the reason for the late filing.
(3) Each complaint shall meet all of the
			 following requirements:
(a) Be submitted on a
			 complaint form provided by the department.
(b) Be legibly handwritten or
			 typed.
(c) Be filed only under the
			 name by which the inmate was committed to the department or the legal name
			 granted by a court.
(d) Include the
			 inmate's original signature.
(e)
			 Not exceed 500 words total and not exceed two pages.
(f) Provide relevant supporting
			 documentation, which may be accepted at the discretion of the ICE.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.08 - PREA complaint procedure

Current through June 24, 2024
An inmate may file a complaint alleging sexual abuse using the
				procedures under this chapter. The following provisions apply to complaints
				alleging sexual abuse or sexual harassment:
(1) Notwithstanding s.
			 DOC
			 310.07(2), an inmate may file a
			 complaint regarding sexual abuse or sexual harassment at any time. If a portion
			 of the complaint alleges an issue that does not relate to sexual abuse or
			 sexual harassment, the time limits under s.
			 DOC
			 310.07 apply.
(2) Notwithstanding s.
			 DOC
			 310.07(1) or (8), an inmate is not
			 required to attempt to resolve the issue with the staff member who is the
			 subject of the complaint or to file a complaint regarding sexual abuse or
			 sexual harassment with the staff member who is the subject of the complaint.
			 The inmate may use an alternative method of filing, including submission of the
			 complaint directly to the warden.
(3) Complaints filed under this section will
			 be referred for a PREA investigation. Department policy shall address the
			 requirements that investigations regarding allegations of sexual abuse or
			 sexual harassment be completed within established time frames.
(4) Third parties, including fellow inmates,
			 staff members, family members, attorneys, and outside advocates, shall be
			 permitted to assist an inmate in filing a request for administrative remedies
			 relating to allegations of sexual abuse or sexual harassment and shall also be
			 permitted to file such requests on behalf of inmates. Requests for
			 administrative remedies filed under this section will be referred for a PREA
			 investigation.
(5) Emergency
			 grievance procedures for complaints alleging a substantial risk of imminent
			 sexual abuse or sexual harassment will be handled in the following manner:
(a) The inmate may contact any staff member
			 who is not the subject of the allegation for immediate corrective
			 action.
(b) The inmate may file a
			 complaint. Complaints collected under s. DOC 310.08 shall be immediately
			 forwarded to the warden to determine if immediate action is
			 warranted.
(c) Reports of
			 substantial risk of imminent sexual abuse or sexual harassment outside of the
			 complaint process under this chapter shall be immediately forwarded to the
			 warden to determine if immediate action is warranted.
(d) Further response will be in accordance
			 with department policy.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.09 - Filing of complaint appeal

Current through June 24, 2024
(1) An inmate may
			 appeal the reviewing authority decision to the CCE within 14 days after the
			 date of the decision or if the inmate does not receive a decision 45 days after
			 the date the ICE enters the complaint.
(2) Appeals shall meet all of the following
			 requirements:
(a) Be submitted on a form
			 provided by the department.
(b) Be
			 legibly handwritten or typed.
(c)
			 Be filed only under the name by which the inmate was committed to the
			 department or the legal name granted by a court.
(d) Include the inmate's original
			 signature.
(e) Not exceed 500 words
			 total and not exceed two pages.
(f)
			 Provide relevant supporting documentation, which may be accepted at the
			 discretion of the CCE.
(g) Be
			 limited to the issue raised in the original complaint.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.10 - Processing complaints

Current through June 24, 2024
(1) The ICE shall collect and date stamp all
			 complaints with the date collected.
(2) The ICE shall accept the complaint,
			 return the complaint in accordance with sub. (5), or reject the complaint in
			 accordance with sub. (6).
(3) The
			 ICE shall assign a file number and classification code to an accepted or
			 rejected complaint.
(4) The ICE
			 shall give written notice to the inmate within 10 days of collection that the
			 complaint has been received.
(5)
			 The ICE may return a complaint within 10 days if it does not meet the criteria
			 under s.
			 DOC
			 310.07(1), (3), (4), and (5) to
			 permit the inmate to resubmit the complaint after correcting issues noted by
			 the ICE. Inmates shall be given one opportunity to correct and resubmit a
			 returned complaint. The ICE shall grant 10 days for receipt of the corrected
			 complaint.
(6) The ICE may reject a
			 complaint for the following reasons:
(a) The
			 inmate submitted the complaint solely for the purpose of harassing or causing a
			 person to suffer emotional distress or to fear bodily injury.
(b) The inmate does not raise an issue
			 regarding policies, rules, living conditions, or employee actions that
			 personally affect the inmate or institution environment.
(c) The issue lacks merit or is otherwise
			 frivolous.
(d) The inmate does not
			 provide sufficient information to support a complaint.
(e) The inmate submitted the complaint beyond
			 14 days after the date of the occurrence giving rise to the complaint and
			 provides no good cause for the ICE to extend the time limits.
(f) The issue is moot.
(g) The issue has already been addressed
			 through the inmate's prior use of the ICRS.
(h) The complaint contains obscene, profane,
			 abusive, or threatening language unless such language is necessary to describe
			 the factual basis of the substance of the complaint.
(i) The complaint contains a foreign
			 substance, in which case all of the following apply:
1. Complaints that contain a foreign
			 substance will not be included in the complaint record and will be disposed of
			 in accordance with institution procedure.
2. Inmates who submit a complaint containing
			 a foreign substance may be subject to disciplinary action in accordance with
			 ch. DOC 303.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.11 - Reviewing authority decision

Current through June 24, 2024
(1) The reviewing
			 authority shall make a decision within 15 days following receipt of the
			 recommendation under s.
			 DOC
			 310.10(12) or appeal of a rejected
			 complaint.
(2) The reviewing
			 authority shall affirm or dismiss the complaint in whole or in part or return
			 the complaint to the ICE for further investigation.
(3) If the inmate does not receive a decision
			 within 45 days after the date of acknowledgement under s.
			 DOC
			 310.10(4), the inmate may appeal to
			 the CCE.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.12 - Review by corrections complaint examiner

Current through June 24, 2024
(1) An inmate may
			 appeal the reviewing authority decision within 14 days after the date of the
			 decision by filing a typed or legibly printed request for review with the CCE
			 on forms supplied for that purpose. The institution shall make these forms
			 accessible to inmates.
(2) The CCE
			 may accept, return, or recommend rejection of an appeal or complaint.
(3) The CCE will only address issues raised
			 in the original complaint.
(4) The
			 CCE shall return an appeal if any of the following apply:
(a) An original complaint has not been filed
			 except as provided under s.
			 DOC
			 310.08.
(b) The complaint has been
			 rejected.
(c) The appeal is
			 premature.
(d) The appeal does not
			 list the complaint file number or contains more than one complaint file
			 number.
(e) The appeal does not
			 meet the criteria listed under s.
			 DOC
			 310.10.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.13 - Secretary's decision

Current through June 24, 2024
(1) The secretary shall make a decision
			 within 45 days following receipt of the CCE's recommendation. The secretary may
			 extend the time for making a decision for good cause with notice provided to
			 the inmate.
(2) The secretary shall
			 affirm or dismiss the CCE's recommendation, in whole or in part, or return the
			 appeal to the CCE for further investigation.
(3) The secretary's decision is
			 final.
(4) If the inmate does not
			 receive the secretary's written decision within 90 days of the date of receipt
			 of the appeal in the CCE's office, the inmate shall consider the administrative
			 remedies to be exhausted, unless the time has been extended under sub. (1) .
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.15 - Resolution of affirmed complaint

Current through June 24, 2024
(1) If the decision
			 requires a change in administrative practice or policy, the department shall
			 implement the change as soon as practicable.
(2) If the resolution of an affirmed
			 complaint has not been implemented within 60 days, the inmate may inform the
			 decision-maker in writing.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 310 - Complaint Procedures › Section DOC 310.16 - Confidentiality

Current through June 24, 2024
(1) Except as otherwise provided in this
			 section, the department shall ensure that complaints filed under this chapter
			 are confidential.
(2) ICRS staff
			 may reveal the identity of inmates and the nature of the complaint to the
			 extent reasonably necessary to investigate the complaint, implement the remedy,
			 or to respond to litigation.
(3)
			 The reviewing authority or secretary may waive confidentiality of a complaint
			 if the security, safety, or health of the institution or any person is
			 involved.
(4) The reviewing
			 authority or secretary may waive confidentiality of a complaint to satisfy PREA
			 standards and reporting requirements.
(5) A copy of or reference to a complaint or
			 decision may not be placed in the inmate's institution files except with
			 authorization from the reviewing authority or as required under sub. (2) or
			 (3).
(6) An inmate may file a
			 complaint alleging a breach of confidentiality under this section.
(7) An inmate waives confidentiality by
			 making known any aspect of a complaint to persons outside the ICRS.
(8) The confidentiality of the complaint
			 process does not prohibit disciplinary action under ch. DOC 303 for misuse of
			 the ICRS. Misuse of the ICRS includes complaints that are intended to do any of
			 the following:
(a) Harass.
(b) Cause emotional distress.
(c) Threaten to cause harm or bodily
			 injury.
(d) Erode the integrity or
			 credibility of employees by knowingly providing false statements.
(e) Disrupt department or institution
			 operations.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to provide for an involuntary or
				voluntary nonpunitive status to be used for the temporary confinement of an
				inmate to ensure the inmate's safety and the safety of others if the inmate is
				mentally ill and dangerous, is dangerous to himself or herself, has a medical
				problem that requires separation from the population for treatment, or refuses
				testing for a communicable illness. This is consistent with the department's
				goal of ensuring personal safety and security within an
				institution.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.02 - Applicability

Current through June 24, 2024
Pursuant to authority vested in the department of corrections
				under s.
				227.11(2),
				Stats., the department adopts this chapter which applies to the department, the
				division and all inmates in its legal custody. It interprets ss.
				302.07,
				302.08
				and
				302.36,
				Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Administrator" means the administrator, division of adult institutions,
			 department of corrections, or his or her designee.
(2) "Clinical services staff member" means a
			 clinician, crisis intervention worker, or psychological services associate
			 employed by the department.
(3)
			 "Clinician" means an individual trained as a clinical psychologist or an
			 individual employed as a staff psychologist by the department.
(4) "Communicable illness" means an illness
			 caused by a disease that the department of health services determines, under
			 ch. DHS 145, to be communicable.
(5) "Crisis intervention worker" means a
			 crisis intervention worker employed by the department or a psychologist
			 designated by the warden to act as a crisis intervention worker.
(6) "Department" means the department of
			 corrections.
(7) "Division" means
			 the division of adult institutions, department of corrections.
(8) "Health services staff member" means a
			 physician, registered nurse or physician's assistant employed by the
			 department.
(9) "Physician" means
			 an individual licensed as a physician in the state of Wisconsin and employed by
			 the department.
(10) "Secretary"
			 means the secretary of the department of corrections, or his or her
			 designee.
(11) "Security director"
			 means the security director of an institution, or his or her
			 designee.
(12) "Shift captain"
			 means the shift captain of an institution, or his or her designee.
(13) "Warden" means the warden of an
			 institution, or his or her designee.
(14) "Working days" means all days except
			 Saturdays, Sundays, and legal holidays.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.04 - Mental health placement

Current through June 24, 2024
(1) Observation for
			 mental health purposes is an involuntary or a voluntary nonpunitive status used
			 for the temporary confinement of an inmate to ensure the safety of the inmate
			 or the safety of others. An inmate may be placed in observation for mental
			 health purposes for one of the following reasons:
(a) The inmate is mentally ill and dangerous
			 to himself or herself or others.
(b) The inmate is dangerous to himself or
			 herself.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.05 - Examination of mental health placement

Current through June 24, 2024
(1) An inmate
			 placed in observation shall be examined by a clinician, crisis intervention
			 worker or physician. The examination shall include a direct personal evaluation
			 and a review of recent relevant information.
(2) If an inmate is placed in observation by
			 the warden, registered nurse, physician's assistant, security director or shift
			 captain, a clinician, crisis intervention worker or physician shall be notified
			 immediately of the placement and shall examine the inmate within 2 working
			 days.
(3) Within 24 hours or as
			 soon as possible after the examination, the clinician, crisis intervention
			 worker or physician shall advise the inmate orally of the finding of the
			 examination. Written results of the examination shall be provided to the inmate
			 within 10 working days of the examination.
(4) An inmate in observation for a mental
			 health placement will be examined by a clinician, crisis intervention worker or
			 physician at least every 2 working days.
(5) Examination by a clinician, crisis
			 intervention worker or physician may result in a recommendation for continued
			 placement in observation or in a recommendation for the inmate's immediate
			 release from observation.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.06 - Continued mental health placement

Current through June 24, 2024
(1) No inmate in
			 observation for a mental health placement may remain in observation for longer
			 than 15 working days from the initial examination without a clinician, crisis
			 intervention worker or physician making a decision for continued
			 placement.
(2) An inmate placed in
			 mental health observation due to mental illness and dangerousness may continue
			 in the placement after 15 working days if both of the following situations
			 exist:
(a) The proceedings for the inmate's
			 civil commitment under ch. 51, Stats., have been initiated or the commitment
			 obtained.
(b) The inmate has been
			 served notice of the review of continued mental health placement under s. DOC
			 311.06(2).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.07 - Review of continued mental health placement

Current through June 24, 2024
(1) A clinician,
			 crisis intervention worker or physician may continue a mental health placement
			 in observation for longer than 15 working days if there is a review of
			 continued mental health placement under this section.
(2) The inmate shall be given written notice
			 of the review prior to the 15th working day of his or her placement and no less
			 than 2 working days prior to the review. The notice shall include all of the
			 following:
(a) The allegation of the inmate's
			 mental illness and dangerousness to himself or herself or dangerousness to
			 others.
(b) The standards used to
			 determine mental illness and dangerousness to himself or herself or
			 dangerousness to others.
(c) The
			 evidence to be considered at the review.
(d) The sources of information relied upon
			 unless such disclosure would threaten the personal safety of the person
			 providing the information or institution security.
(e) An explanation of the possible
			 consequences of any decision regarding the inmate's mental health
			 placement.
(f) Notice of the
			 inmate's rights at the review. The notice shall include all of the following:
1. The right to be present at the
			 review.
2. The right to deny any
			 allegation which relates to the inmate's observation status.
3. The right to a staff representative in
			 accordance with s.
			 DOC
			 303.83.
4.
			 The right to present or have the advocate present information obtained from
			 witnesses.
5. The right to present
			 documentary evidence.
6. The right
			 to question witnesses.
7. The right
			 to receive a written decision, stating the reasons for the decision based upon
			 the evidence.
8. The right to appeal
			 the review of dangerousness to self decision.
(g) The date, time and place of the review
			 and an order that the inmate appear at the review.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.08 - Civil commitment

Current through June 24, 2024
If, in the opinion of the attending clinician, crisis
				intervention worker or physician, an inmate in observation is in need of
				additional treatment at a mental health or medical facility, such
				recommendation shall be made to the warden for approval of the transfer and the
				inmate may be transferred pursuant to s.
				51.37(5)
				or
				51.20,
				Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.09 - Review of dangerousness to self

Current through June 24, 2024
(1) If, in the
			 opinion of the attending clinician, crisis intervention worker or physician, an
			 inmate in observation is in need of placement in observation longer than 15
			 working days from the examination under s.
			 DOC
			 311.05, the attending clinician, crisis intervention
			 worker or physician shall refer the decision to the administrator for
			 review.
(2) The administrator shall
			 assign a psychologist from an institution other than the institution seeking
			 the continued observation placement to conduct the review, to examine the
			 inmate and to review the documentation of the case.
(3) The review shall include all of the
			 following:
(a) Reasons for belief of
			 dangerousness to himself or herself.
(b) Reasons for need for continued placement
			 in observation.
(c) Reasons
			 alternative interventions are inappropriate or inadequate.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.10 - Medical placement

Current through June 24, 2024
(1) Observation for medical purposes is an
			 involuntary or voluntary, nonpunitive status used for the temporary confinement
			 of an inmate to ensure the inmate's safety and the safety of others if one or
			 both of the following exists:
(a) The inmate
			 has, or is suspected of having, a medical problem that requires separation from
			 the population for treatment by a physician.
(b) An inmate is refusing testing for
			 communicable illness.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.11 - Medical examination

Current through June 24, 2024
(1) An inmate placed in observation shall be
			 examined by a physician. The examination shall include a direct personal
			 evaluation and a review of relevant information.
(2) If an inmate is placed in observation by
			 a person under s.
			 DOC
			 311.10(2), a physician shall be
			 notified immediately of the placement and shall examine the inmate within 2
			 working days.
(3) Within 24 hours
			 or as soon as possible after the examination, the inmate shall be advised of
			 the reasons for the placement and findings of the examination. The physician
			 shall provide written notification of the findings of the examination within a
			 reasonable period of time.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.12 - Continued medical placement

Current through June 24, 2024
(1) An inmate
			 placed in medical observation may remain in medical observation for a
			 reasonable period of time for diagnosis and treatment or as needed, as
			 determined by a physician, until such time as a physician determines that the
			 inmate no longer requires separation from the population.
(2) An inmate placed in observation shall
			 receive periodic reviews of the medical placement status by a physician. The
			 frequency of the periodic review shall be based on the inmate's medical
			 diagnosis and the physician's professional judgment.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.13 - Appeals

Current through June 24, 2024
(1) An inmate placed in observation shall
			 have the immediate right to appeal such placement decision to the administrator
			 under any of the following circumstances:
(a)
			 The inmate has not received a timely review under s.
			 DOC
			 311.05(2).
(b) The inmate in observation for mental
			 health purposes due to dangerousness to himself or herself wishes to challenge
			 the review of dangerousness to self decision.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.14 - Conditions of confinement while in observation

Current through June 24, 2024
(1) An inmate in
			 observation shall be confined alone in a well-ventilated, sanitary, secure cell
			 equipped with an observation port. Conditions, including privileges and
			 properties, shall, insofar as possible, be the same as those in the status from
			 which the inmate came prior to the observation placement. A staff member who is
			 authorized in s.
			 DOC
			 311.04(4) to place an inmate in
			 observation may change the inmate's condition of confinement if the staff
			 member reasonably believes any of the following:
(a) These privileges or properties may be
			 used by the inmate, or another inmate also in the observation unit, for
			 self-harm or to harm others.
(b)
			 The properties cannot be moved conveniently to the observation cell.
(c) The privileges cannot be offered due to
			 the secured nature of the observation unit.
(d) The properties or privileges are
			 clinically or medically contraindicated.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 311 - Observation Status › Section DOC 311.15 - Monitoring and recording

Current through June 24, 2024
(1) For an inmate
			 placed in observation for mental health purposes, a staff member shall have
			 immediate access to the inmate and shall accompany the inmate at all times
			 while in unsecured areas.
(2) Staff
			 shall observe and record the activities of the inmate at least once every 15
			 minutes with appropriate documentation made of significant incidents involving
			 the inmate.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.01 - Purpose

Current through June 24, 2024
The purposes of prison industries are to provide meaningful
				employment opportunities, to assist inmates in reintegration into their
				communities, and to maintain self-supporting industries through the sale of
				products and services. The goals of prison industries include all of the
				following:
(1) Provide inmates with
			 work skills, habits, and training necessary to compete in the job market,
			 thereby increasing the potential for a successful return to society.
(2) Maintain self-sufficiency of the program
			 to the degree possible while maintaining inmate wages based on
			 productivity.
(3) Utilize
			 production methods and business practices consistent with those used by private
			 industry.
(4) Develop, produce, and
			 market products and services of benefit to customers at a competitive
			 price.
(5) Provide products and
			 services that do not unfairly compete with Wisconsin-based manufacturers and
			 service providers.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.025 - Establishment of a prison industry

Current through June 24, 2024
(1) For purposes of
			 s.
			 303.01(1)
			 (c), Stats., and this chapter, an established
			 "prison industry" means the production by prison inmates of a product or
			 service or a family of related products or services used for similar purposes.
			 The material or method used to produce the product or service does not define a
			 prison industry.
(2) A prison
			 industry established under s.
			 303.01, Stats.,
			 may be located at, or moved or expanded to, one or more prisons or other
			 locations owned by the department and may acquire new or additional
			 customers.
(3) An increase of the
			 number of inmate employees in an established prison industry by 200 or more
			 full time equivalent positions in a biennium is subject to s.
			 303.01(1)
			 (c), Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.03 - Definitions

Current through June 24, 2024
The definitions in ss.
				DOC
				303.02 and 310.03 apply to this chapter. In addition,
				in this chapter:
(1) "Base wage" means
			 the official hourly rate for a position. The base wage does not include
			 differential, holiday, incentive, or bonus pay.
(2) "Department" means the department of
			 corrections.
(3) "Industries
			 director" means the director appointed by the secretary under s.
			 303.01(9),
			 Stats., or the industries director designee.
(4) "Industries supervisor " means the
			 industries employee assigned to supervise inmate employees.
(5) "Inmate employee" means an inmate who
			 works for and is compensated by the prison industries program. An inmate
			 employee is not an employee of the state.
(6) "Involuntary unassigned" means inmates
			 who are eligible, available, and waiting for placement in approved work or
			 program assignments where such work or program assignments exist, but are not
			 currently available.
(7) "Prison
			 industry" or "industry" means an industry established under s.
			 303.01, Stats.,
			 for inmate employees to manufacture products or components or provide
			 services.
(8) "Private sector
			 prison industry enhancement certification programs or "PSPIEC" means prison
			 industries programs certified by the federal private sector prison industry
			 enhancement certification program.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.04 - Establishment of a prison industry

Current through June 24, 2024
(1) The department
			 may establish prison industries with the approval of the prison industries
			 board and after a hearing before the joint committee on finance.
(2) The department may locate, move, or
			 expand prison industries to one or more prisons or other locations owned by the
			 department.
(3) Prison industries
			 may acquire new or additional customers subject to s.
			 303.01(1) (b) and
			 (d), Stats.
(4) The department shall notify the joint
			 committee on finance under s.
			 303.01(1)
			 (c), Stats., if there is an increase in the
			 number of inmate employees in a prison industry by 200 or more full time
			 equivalent positions in a biennium.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.06 - Application and approval

Current through June 24, 2024
(1) An inmate may
			 apply for a position in a prison industry that is available at the institution
			 in which the inmate resides. The application may include an inmate's preference
			 for a position.
(2) The industries
			 supervisor or designee shall do all of the following:
(a) Interview inmate applicants for specific
			 positions under the industries supervisor's supervision.
(b) Consider the following criteria in the
			 selection of an inmate employee:
1. Education
			 requirements.
2. Attitude and
			 willingness to learn.
3. Experience
			 and training.
4. Physical or mental
			 ability to perform the essential functions of the position, with or without
			 reasonable accommodations.
5. Past
			 employment record with prison industries or other institution work
			 experience.
6. Documented security
			 concerns, including assaultive history
7. Sentence structure.
(c) Select a qualified inmate applicant
			 consistent with established requirements.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.07 - Probationary period

Current through June 24, 2024
(1) Inmates hired by prison industries shall
			 serve a probationary period during which the inmate's employment may be
			 terminated under s.
			 DOC
			 313.11(1) (a) or (b).
(2) Inmate employees shall not receive
			 incentive pay during their original probationary period.
(3) The duration of the probationary period
			 for any position shall be established by prison industries management so as to
			 provide adequate time for the average inmate employee to learn the duties of
			 the position.
(4) The industries
			 supervisor may extend the probationary period for an additional 30 days if the
			 inmate employee has not demonstrated satisfactory performance but can
			 reasonably be expected to attain satisfactory performance.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 313 - Prison Industries › Section DOC 313.08 - Performance evaluation

Current through June 24, 2024
(1) The industries supervisor shall evaluate
			 each inmate employee's performance as often as required to ensure the inmate
			 employee is meeting performance and productivity expectations. The evaluation
			 shall be written and include the specific skills and expectations of the
			 position.
(2) An evaluation shall
			 be completed upon completion of probation, at regular intervals, prior to any
			 pay rate change and upon termination.
(3) The criteria to be used in evaluating
			 inmate employees shall include all of the following:
(a) Quality of performance of assigned
			 duties.
(b) Productivity
			 level.
(c) Initiative.
(d) Attitude.
(e) Contributions beyond usual job
			 duties.
(f) Improvement in the
			 criteria listed in this subsection.