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(46) “Projected mandatory release date” means the date an inmate may be released from prison for a non-bifurcated sentence.
(47) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification.
(48) “Records staff” means staff whose job duties include completing sentence computations along with other assigned functions.
(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.
(50) “Restrictive housing” means housing in which the movement, property, or programming of an inmate may be limited.
(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.
(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.
(53) “Secretary” means the secretary of the department or designee.
(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.
(55) “Security threat group” or “STG” means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.
(56) “Social worker” means the institution social worker to whom an inmate is assigned.
(57) “Special action release” or “SAR” means release of an inmate from the institution to parole supervision by decision of the secretary prior to mandatory release.
(58) “Special action release coordinator” or “SAR coordinator” means the staff member who assembles and submits to the secretary all documents on an inmate relevant to SAR consideration.
(59) “Staff” or “staff member” means a person employed by the department as permanent, project, contract, or limited term employee.
(60) “Statutory good time” means credit for good conduct and for performing all required duties as required under s. 53.11, 1981 Stats.
(61) “Superintendent” means a superintendent or designee at a correctional center as established under s. 301.13, Stats.
(62) “Victim” has the meaning given in s. 950.02 (4), Stats.
(63) “Warden” means the warden or designee at an institution.
(64) “Wisconsin substance abuse program” means a program that incorporates substance abuse treatment resulting in earned release from confinement under s. 302.05, Stats.
(65) “Working days” means all days except Saturdays, Sundays, and state legal holidays.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; (3) renum. to (1m) under s. 13.92 (4) (b) 1., Stats., Register June 2018 No. 750.
DOC 302.04 Emergency suspension of rules. The secretary may suspend rules specified in this chapter if an emergency occurs that prevents the normal functioning of department operations.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.05 Prison population limits. The department shall maintain limits on the number of prisoners at each institution and limits on the number of prisoners system-wide under s. 301.055, Stats. The limits may be exceeded in an emergency or disturbance situation. Given the dynamic nature of these potential capacities, department policy shall address requirements regarding the establishment and computation of system wide and each state prison limits and it shall address procedures by which it may exceed system wide and each state prison limits. The department may provide a single limit and procedure for the Wisconsin correctional center system.
History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.
DOC 302.06 Institution Security levels.
(1) The department shall classify all institutions as maximum, medium, or minimum security.
(2) Restrictive housing at any institution is considered maximum security.
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.
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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.