Skip navigation Wisconsin State Legislature
This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
Subchapter II — Inmate Classification
DOC 302.07 Applicability. This subchapter applies to all inmates who are serving a Wisconsin prison sentence or who are confined in institutions pursuant to an interstate correctional compact.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.08 Inmate Custody. The department assigns an inmate custody classification during initial classification and reclassification processes using factors identified in s. DOC 302.11 to achieve all of the following:
(1) Enhance the safety and security of the public, staff, institutions, and inmates.
(2) Match inmate custody assignment to institution security assignment and department resources when possible.
(3) Regulate the supervision and movement of inmates among institutions and between institutions and community programs.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.09 Custody levels. Based on the result of an assessment of the inmate’s risk under the initial classification or reclassification process, an inmate is classified under one of the following custody classification levels:
(1) Maximum custody requires very close monitoring of inmate conduct, behavior, and activities.
(2) Medium custody requires moderate monitoring of inmate conduct, behavior, and activities.
(3) Minimum custody requires general monitoring of inmate conduct, behavior, and activities inside the institution and permits placement outside the confines of the institution.
(4) Community custody requires limited monitoring of inmate conduct, behavior, and activities. This classification is used for the following activities:
(a) Work or study release under ch. DOC 324.
(b) Off grounds work projects under the supervision of non-correctional staff under ch. DOC 325.
(c) Driving institution vehicles under ch. DOC 325.
(d) Leave for qualified inmates under ch. DOC 326.
(e) Community residential confinement under ch. DOC 327.
(f) Intensive sanctions under ch. DOC 333.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.10 Relationship of inmate custody classification to institution security levels. An inmate’s custody classification shall be no greater than the designated security level of the institution in which the inmate is placed except for any of the following circumstances:
(1) Inmates housed in restrictive status housing.
(2) Inmates awaiting transfer.
(3) Inmates at institutions in which there is a declared emergency or disturbance.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.11 Factors in assigning a custody classification. The department may consider any of the following factors when assigning inmate custody:
(1) The nature, number, and severity of each offense. In evaluating the nature and severity of an offense, the department may consider the following:
(a) Potential of physical danger to another.
(b) Harm done to the victim in the commission of the offense.
(c) Whether the inmate exhibited physical aggressiveness that exposed another to harm.
(d) Aggravating or mitigating factors in the commission of the offense.
(e) Motivation for the offense.
(2) Length of sentence being served.
(3) Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.
(4) Attitude regarding the offense and sentence.
(5) Criminal record and juvenile delinquency adjudications.
(6) Conduct and adjustment during current or prior confinements or community supervision.
(7) Record of escape or walk away from an institution or a mental health facility or absconding from probation, parole, or extended supervision.
(8) Security threat group incidents, activities, or affiliations.
(9) Gender.
(10) Age.
(11) Medical, dental, and mental health status, including physical or psychological treatment and observation.
(12) Risk to a victim, witness, general public, or inmate. In determining this risk, the department may consider the general public’s perception of the offense and the inmate.
(13) Performance or refusal to participate in programs, treatment, or services associated with identified needs.
(14) Pending legal process, notification, or detainer.
(15) Parole commission actions, their stated expectations, and the likelihood of a release during the review period.
(16) History or characteristics of predatory behavior towards others.
(17) History or characteristics of vulnerability to hurt or harm by others.
(18) The results of assessments or instruments developed to assist with the assignment of custody classification.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.12 Requirements for assigning minimum or community custody to an inmate serving a life sentence. An inmate serving a life sentence shall have reached parole eligibility under s. 304.06 (1), Stats., or be within 5 years of extended supervision eligibility under s. 973.014, Stats., prior to consideration for a minimum or community custody classification.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.13 Program need assignment.
(1) The department may assign program needs during initial classification and reclassification processes to achieve all of the following:
(a) Enhancement of safety and security of the public, staff, institutions, and inmates.
(b) Reduction of the inmate’s risk of reoffending.
(c) Successful community reentry.
(2) The department may consider any of the following in assigning program needs:
(a) Factors under s. DOC 302.11.
(b) The results of assessments and screening instruments developed to assist with the identification of program needs.
(c) The inmate’s past performance in or compliance with programs.
(d) Federal or state law requirements.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.14 Program enrollment.
(1) Unless otherwise specified by policies of the department or by state and federal law, inmates shall be considered for program enrollment if all of the following conditions are met:
(a) A need has been identified that will be addressed by the program.
(b) The inmate attains the custody assignment required for placement at the site where the program is available.
(c) There is space available in the program.
(d) The inmate meets the department’s program enrollment requirements.
(2) An inmate may choose not to enroll in programs. Refusal may affect custody classification and institution placement.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.15 Initial classification and reclassification personnel.
(1) Initial classification hearings shall be conducted by a classification specialist designated by the director.
(2) Each institution shall have a reclassification committee composed of all of the following:
(a) A classification specialist designated by the director to chair the committee.
(b) Up to 3 staff members from institution security, social service or education areas who are designated by the warden and who possess the knowledge and experience necessary to fulfill the responsibilities of this section.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.16 Initial classification procedure.
(1) An initial classification hearing shall be conducted after the inmate’s admission to DAI to determine custody, institution placement, program need, and the date of the next reclassification hearing.
(2) The director may alter the scope, purpose, and duration of the initial classification process to meet security, resource, or bed needs of the department.
(3) The classification specialist shall ensure all of the following:
(a) Collection, investigation, and documentation of information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.
(b) Completion of department required risk and need instruments.
(c) The inmate has been informed of the reason for review.
(d) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.
(e) The inmate has been advised of the recommendation regarding custody classification, program needs, institution placement and next reclassification hearing date.
(f) Production of a report that includes all of the following:
1. A reason for the inmate’s absence if not present during the hearing
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.