Chapter DOC 302

DOC 302.28   Discretionary release for parole violators.

DOC 302.29   Extended supervision violators.

DOC 302.30   Revocation of probation.

DOC 302.31   Effect of escape on sentence.

DOC 302.32   Waiver of good time, mandatory release, or release to extended supervision.

DOC 302.33   Extra good time for inmates not covered by 1983 Wis. Act 528.

DOC 302.34   Special action release program.

DOC 302.35   Certain earned releases.

DOC 302.36   Positive adjustment time.

DOC 302.37   Sentence adjustment.

DOC 302.38   Challenge incarceration program.

DOC 302.39   Earned release program.

DOC 302.40   Risk reduction sentence.

DOC 302.41   Extraordinary health condition or geriatric petitions.

Ch. DOC 302 Note Note: Chapter HSS 302 was renumbered Chapter DOC 302 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412; Chapter DOC 302 as it existed on June 30, 2018 was repealed and a new Chapter DOC was created, Register June 2018 No. 750, effective July 1, 2018.

subch. I of ch. DOC 302 Subchapter I — General Provisions

DOC 302.01 DOC 302.01 Applicability. Under authority vested in the department by ss. 227.11 (2), 301.02, 301.03 (2), 301.21, 302.07, 302.25, 302.26, and 302.27, Stats., the department adopts this chapter, which applies to the department and all inmates in its legal custody for implementation of ss. 301.046, 301.048, 301.055, 302.043 302.045, 302.05, 302.055, 302.07, 302.08, 302.11, 302.113, 302.114, 302.15, 302.18, 303.065, 303.068, 973.01, and 973.013, Stats.

DOC 302.01 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2018.

DOC 302.02 DOC 302.02 Purpose. The purpose of this chapter is to provide procedures for inmate classification, sentence, and release provisions that include all of the following objectives.

DOC 302.02(1) (1) The objectives of inmate classification include all of the following:

DOC 302.02(1)(a) (a) Establish a dedicated and centralized inmate classification process to determine custody, program need, institution placement assignments, and movement of inmates.

DOC 302.02(1)(b) (b) Classify every inmate based on factors related to public, staff, and inmate safety, institution security, mission of the department, and needs of the inmate.

DOC 302.02(1)(c) (c) Match inmate needs to institution resources when possible.

DOC 302.02(1)(d) (d) Involve inmates in the process of determining custody, program need, and institution assignment.

DOC 302.02(1)(e) (e) Provide a record of custody, program need, and institution placement assignments.

DOC 302.02(2) (2) The objectives of sentence and release provisions includes all of the following:

DOC 302.02(2)(a) (a) Establish processes for inmate release from court imposed periods of incarceration.

DOC 302.02(2)(b) (b) Review judgments of conviction and court orders received for legality and clarity.

DOC 302.02(2)(c) (c) Calculate parole eligibility dates, projected release dates and discharge dates for all counts of all sentences.

DOC 302.02(2)(d) (d) Inform inmate of calculated dates.

DOC 302.02(2)(e) (e) Utilize calculated dates to facilitate the legal release of inmates from prison and offenders from supervision.

DOC 302.02 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.03 DOC 302.03 Definitions. In this chapter:

DOC 302.03(1) (1) “Administrator” means the administrator of the DAI or designee.

DOC 302.03(1m) (1m) “Admission to DAI” means the placement of a person under the custody and control of the DAI, following sentencing or revocation of probation, discretionary parole, mandatory release parole, or extended supervision.

DOC 302.03(2) (2) “Agent” means a probation and parole agent.

DOC 302.03(4) (4) “Applicable percentage” means 85% for a Class C to E felony or 75% for a Class F to I felony.

DOC 302.03(5) (5) “Assaultive activity” means an action that occurs inside or outside an institution and that results in or is intended to result in physical harm to another.

DOC 302.03(6) (6) “Bifurcated sentence” means a sentence under s. 973.01, Stats.

DOC 302.03(7) (7) “Bureau of offender classification and movement” or “BOCM” means the DAI bureau that administers the classification and movement of inmates.

DOC 302.03(8) (8) “Challenge incarceration program” or “CIP” means a program that incorporates manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and age appropriate strenuous physical exercise resulting in earned release from confinement under s. 302.045, Stats.

DOC 302.03(9) (9) “Classification sector chief” means a BOCM supervisor.

DOC 302.03(10) (10) “Classification specialist” means a BOCM staff member who completes processes associated with the assignment of inmate custody, program need, and institution placement.

DOC 302.03(11) (11) “Custody classification” means the assessed risk level assigned to an inmate for purposes of institution placement.

DOC 302.03(12) (12) “DAI” means the division of adult institutions in the department of corrections.

DOC 302.03(13) (13) “DCC” means the division of community corrections in the department of corrections.

DOC 302.03(14) (14) “Department” means the department of corrections.

DOC 302.03(15) (15) “Detainer” means a writ or other legal instrument issued by a competent officer directing the warden or superintendent of an institution to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.

DOC 302.03(16) (16) “Director” means the director of BOCM or designee.

DOC 302.03(17) (17) “Disciplinary hearing” means a hearing authorized under ch. DOC 303 for the discipline of inmates for misconduct.

DOC 302.03(18) (18) “Discretionary parole” means release of an inmate from an institution by parole grant under ch. PAC 1.

DOC 302.03(19) (19) “Discretionary parole violator” means an inmate who has been released by the parole commission under s. 304.06, Stats., and who violated parole prior to their mandatory release date.

DOC 302.03(20) (20) “Disturbance” means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

DOC 302.03(20)(a) (a) An assault on any person by two or more inmates.

DOC 302.03(20)(b) (b) The taking of one or more hostages.

DOC 302.03(20)(c) (c) The destruction of state property or the property of another by two or more inmates.

DOC 302.03(20)(d) (d) The refusal by two or more inmates, acting in concert, to comply with an order.

DOC 302.03(20)(e) (e) Any words or acts which incite or encourage inmates to take any of the actions under pars. (a) to (d).

DOC 302.03(21) (21) “Earned release program” or “ERP” means a program that incorporates substance abuse treatment resulting in earned release from confinement under the Wisconsin substance abuse program.

DOC 302.03(22) (22) “Emergency” means an immediate threat to the safety of the public, staff, or inmates of an institution, other than a disturbance. An emergency may include any of the following:

DOC 302.03(22)(a) (a) A public health threat.

DOC 302.03(22)(b) (b) A utility malfunction.

DOC 302.03(22)(c) (c) A fire.

DOC 302.03(22)(d) (d) A bomb threat or explosion.

DOC 302.03(22)(e) (e) An employee job action.

DOC 302.03(22)(f) (f) Any natural disaster.

DOC 302.03(22)(g) (g) A civil disturbance.

DOC 302.03(22)(h) (h) An inmate escape.

DOC 302.03(23) (23) “Enrolled victim” means a victim who has submitted a request to the office of victim services and programs for notification of inmate or offender status changes.

DOC 302.03(24) (24) “Extended supervision” or “ES” means the portion of a bifurcated sentence imposed under s. 973.01, Stats., which is served in the community under the supervision of the DCC.

DOC 302.03(25) (25) “Extended supervision violator” is an offender who violated extended supervision after the release date.

DOC 302.03(26) (26) “Extra good time” means credit for diligence and is earned according to the conditions and procedures set forth in ss. DOC 302.22, 302.26, and 302.33.

DOC 302.03(27) (27) “Extraordinary health condition” or “EHC” means a condition afflicting an inmate such as advanced age, infirmity or disability, or a need for medical treatment or services not available within a correctional institution.

DOC 302.03(28) (28) “Good time” means credit earned by inmates that diminishes the period of incarceration and includes both statutory and extra good time. This applies to inmates who committed crimes before June 1, 1984, and did not choose to have 1983 Wis. Act 528 apply to them.

DOC 302.03(29) (29) “In custody” means any time an offender spent confined, as described in s. 973.155 (1), Stats., in connection with the violation.

DOC 302.03(30) (30) “Initial classification” or “IC” means the process associated with the assignment of inmate custody, program need, and institution placement upon admission to DAI.

DOC 302.03(31) (31) “Inmate” means a person who is committed to, under sentence to, and confined in a state prison under s. 302.01, Stats.

DOC 302.03(32) (32) “Institution” means a correctional facility under s. 302.01, Stats., a prison under s. 301.048, Stats., and s. 301.046 Stats., or a facility that the department contracts with for incarceration of inmates.

DOC 302.03(33) (33) “Interstate correctional compact” or “ICC” means the agreement between the department and other correctional jurisdictions for the incarceration of inmates under ss. 301.21 and 302.25, Stats.

DOC 302.03(34) (34) “Life sentence” means any sentence of imprisonment under which the convicted person may remain incarcerated for the rest of their life. “Life sentence” includes the sentence of an inmate who is sentenced to life imprisonment, released on parole or to ES and returned to an institution with or without a new sentence and the sentence of an inmate sentenced to life imprisonment in another jurisdiction.

DOC 302.03(35) (35) “Mandatory release” or “MR” means release of an inmate from the institution to supervision as required by s. 302.11, Stats., if not granted discretionary parole or special action release earlier.

DOC 302.03(36) (36) “Mandatory release parole violator” means an offender who violated parole after the mandatory release date, regardless of how the offender was originally released.

DOC 302.03(37) (37) “Non-bifurcated sentence” means an indeterminate sentence under s. 973.013, Stats.

DOC 302.03(38) (38) “Offender” means a person who is committed to the custody of the department for correctional purposes and is under the community supervision of the DCC.

DOC 302.03(39) (39) “Office of victim services and programs” or “OVSP” means the office in the department that is responsible for victim information and advocacy.

DOC 302.03(40) (40) “Parole-eligible” means qualified to be considered for discretionary parole under s. 304.06, Stats., and ch. PAC 1.

DOC 302.03(41) (41) “Parole violator” means a discretionary parole violator or a mandatory release parole violator.

DOC 302.03(42) (42) “Positive adjustment time” or “PAT” means a period of time measured in days that can be earned to reduce an inmate’s period of confinement.