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(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.
(5) A change in an inmate’s custody or institution placement requires a unanimous recommendation by the reclassification committee. If the committee cannot reach an unanimous recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.
(6) A recommendation for program need assignment requires a majority consent by the reclassification committee. If the committee cannot reach a majority recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.
(7) The classification specialist may suspend a hearing to investigate any issue affecting custody classification, institution placement, or program need.
(8) If an inmate is unable to be physically present for the interview under sub. (3) (c) or the hearing under sub. (4), the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.
(9) If the inmate disrupts or refuses to attend the hearing, the classification specialist may conduct the hearing without the inmate being present.
(10) The director shall review recommended custody, institution placement and changes, make the final decision, and ensure a date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.
(11) The department shall provide the inmate a written copy of the reclassification decision concerning custody, institutional placement, and date of next reclassification hearing.
(12) The inmate shall be advised under sub. (11) 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.
(13) When a significant change affecting custody, program need, or institution placement occurs, any of the following may make a request for a reclassification hearing prior to the date set by the last classification hearing:
(a) Director.
(b) Warden or superintendent.
(c) Hearing officer under s. DOC 303.65 (5).
(d) Assigned social worker.
(e) Inmate with a request through the assigned social worker submitted on a form provided by the department.
(14) The classification specialist will approve or deny requests submitted under sub. (13) (d) or (e).
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.18 Subsequent action.
(1) The director may modify a classification decision made under s. DOC 302.16 or DOC 302.17, without a re-hearing, due to subsequent changes in inmate security needs, program needs, treatment needs, DOC resources, or resulting from an administrative review under s. DOC 302.19.
(2) The department shall provide the inmate a written copy of the modified classification decision.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.19 Administrative review of a classification decision.
(1) Within 10 calendar days of an inmate’s receipt of a written decision concerning custody, institution placement, or program need, the inmate may request a review of the decision made under s. DOC 302.16 (7), 302.17 (10), or 302.18 if the inmate believes that the decision was based on erroneous information.
(2) Denial of a request for a classification review under s. DOC 302.17 (14) is not subject to review under this section.
(3) Requests for review under this section shall meet all of the following requirements:
(a) The request shall be submitted on an administrative review form provided by the department.
(b) The request shall be legibly handwritten or typed.
(c) The request shall be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.
(d) The request shall include the original inmate signature.
(e) The request shall not exceed 500 words total and not exceed two pages.
(f) The request shall provide relevant supporting documentation that may be accepted at the discretion of the director.
(4) The review shall be completed by one of the following:
(a) The director if the director is not the decision maker under s. DOC 302.16 (7) or 302.17 (10).
(b) The division administrator if the director was the decision maker under s. DOC 302.16 (7) or 302.17 (10).
(5) The director or administrator shall issue a written decision within a reasonable period of time following receipt of the administrative review request. The department shall provide the inmate a written copy of the decision.
(6) The decision under sub. (5) is final.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.20 Transfers.
(1) The director may transfer an inmate to any institution or location authorized by the department under any of the following circumstances:
(a) As a permanent or temporary placement under s. DOC 302.16, 302.17, or 302.18.
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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.