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Register, April, 1990, No. 412; Chapter DOC 302 as it existed on June 30, 2018 was repealed and a new Chapter DOC was created,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.
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)(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)(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(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(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(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)(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(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(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(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.
DOC 302.03(43)
(43) “Prisoner” means any person who is incarcerated or imprisoned under s.
301.01, Stats.
DOC 302.03(44)
(44) “Program need” means the programs, treatment, or services identified by the department to assist in an inmate's incarceration, reduce the inmate's risk of reoffending, and enhance the inmate's successful community reentry.
DOC 302.03(45)
(45) “Program review committee” or “PRC” means the staff designated to review petitions under s.
302.113 (9g), Stats.
DOC 302.03(46)
(46) “Projected mandatory release date” means the date an inmate may be released from prison for a non-bifurcated sentence.
DOC 302.03(47)
(47) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification.
DOC 302.03(48)
(48) “Records staff” means staff whose job duties include completing sentence computations along with other assigned functions.
DOC 302.03(49)
(49) “Release eligibility date” means the date that an inmate who is serving a risk reduction sentence under s.
973.031, 2009 Stats., has served 75% of the confinement portion of their sentence.
DOC 302.03(50)
(50) “Restrictive housing” means housing in which the movement, property, or programming of an inmate may be limited.
DOC 302.03(51)
(51) “Reviewing authority” means the division of hearings and appeals in the department of administration, upon proper notice and hearing under ch.
DOC 331, or the department, if the discretionary parole violator, extended supervision violator, mandatory release parole violator, or parole violator waives a hearing.
DOC 302.03(52)
(52) “Risk reduction sentence” means a sentence imposed by a court under s.
971.031, 2009 Stats., that results in the inmate's release to extended supervision upon serving 75% of the sentence, completing a risk reduction plan, and maintaining good conduct as determined by the department.
DOC 302.03(53)
(53) “Secretary” means the secretary of the department or designee.
DOC 302.03(54)
(54) “Security classification” ” means the security level of an institution as determined by the department's review of specific policies, physical plant characteristics, resources and degree of supervision of inmate supervision.
