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(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
2. A reason for the hearing and the facts considered.
3. A summary of the information gathered through pars. (a), (b), and (d).
4. Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.
5. A recommendation of custody, program needs, and institution placement.
6. A recommended date for a reclassification hearing not to exceed 12 months from the date of the initial classification hearing.
(4) The classification specialist may suspend the hearing to investigate any issue affecting custody classification, institution placement, or program need.
(5) If an inmate is unable to be physically present for an initial classification hearing, the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.
(6) If the inmate disrupts or refuses to attend the hearing, the classification specialist may conduct the hearing without the inmate being present.
(7) The director shall review recommended custody, program needs and institution placement, make the final decision, and ensure a date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.
(8) The department shall provide the inmate a written copy of the initial classification decision concerning custody, institutional placement, and date of next reclassification hearing.
(9) The inmate shall be advised of the factors upon which the classification is based unless the department determines that release of such information would threaten the security of the prison system.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.17 Reclassification procedure.
(1) Reclassification hearings shall be conducted by a reclassification committee 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 reclassification process to meet security, resource, or bed needs of the department.
(3) Before a reclassification hearing is conducted, institution staff designated by the warden or superintendent shall do all of the following:
(a) Collect, investigate and document information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.
(b) Complete department required risk and need instruments.
(c) Conduct an interview with the inmate that allows the inmate an opportunity to provide information about custody, program need, or institution placement.
(d) Prepare a report for the reclassification hearing that includes all of the following:
1. The reason for the review and the facts being considered.
2. A summary of the information gathered through pars. (a), (b) and (d).
3. A recommendation of custody, program needs, and institution placement.
4. A statement as to whether the inmate wants to appear or waive attendance at the reclassification hearing.
(4) The classification specialist shall conduct a reclassification hearing that ensures all of the following:
(a) The inmate has been informed of the reason for the review.
(b) Completion of the requirements under sub. (3).
(c) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.
(d) Review of information obtained in sub. (3).
(e) The inmate has been advised of the reclassification hearing 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.
2. A reason for the hearing and the facts considered.
3. The reclassification hearing staff comments regarding custody, program need, and institution placement.
4. Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.
5. A recommendation of custody classification, program needs, and institution placement.
6. A recommended date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.
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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.