Chapter DOC 313

DOC 313.01(5) (5) Provide products and services that do not unfairly compete with Wisconsin-based manufacturers and service providers.

DOC 313.01 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.02 DOC 313.02 Authority. This chapter is created under the authority of s. 227.11 (2) (a), Stats., and implements ss. 302.09, 303.01, 303.03, and 303.06, Stats.

DOC 313.02 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.03 DOC 313.03 Definitions. The definitions in ss. DOC 303.02 and 310.03 apply to this chapter. In addition, in this chapter:

DOC 313.03(1) (1) “Base wage” means the official hourly rate for a position. The base wage does not include differential, holiday, incentive, or bonus pay.

DOC 313.03(2) (2) “Department” means the department of corrections.

DOC 313.03(3) (3) “Industries director” means the director appointed by the secretary under s. 303.01 (9), Stats., or the industries director designee.

DOC 313.03(4) (4) “Industries supervisor “ means the industries employee assigned to supervise inmate employees.

DOC 313.03(5) (5) “Inmate employee” means an inmate who works for and is compensated by the prison industries program. An inmate employee is not an employee of the state.

DOC 313.03(6) (6) “Involuntary unassigned” means inmates who are eligible, available, and waiting for placement in approved work or program assignments where such work or program assignments exist, but are not currently available.

DOC 313.03(7) (7) “Prison industry” or “industry” means an industry established under s. 303.01, Stats., for inmate employees to manufacture products or components or provide services.

DOC 313.03(8) (8) “Private sector prison industry enhancement certification programs or “PSPIEC” means prison industries programs certified by the federal private sector prison industry enhancement certification program.

DOC 313.03 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; correction in (8) made under s. 35.17, Stats., Register February 2018 No. 746.

DOC 313.04 DOC 313.04 Establishment of a prison industry.

DOC 313.04(1) (1) The department may establish prison industries with the approval of the prison industries board and after a hearing before the joint committee on finance.

DOC 313.04(2) (2) The department may locate, move, or expand prison industries to one or more prisons or other locations owned by the department.

DOC 313.04(3) (3) Prison industries may acquire new or additional customers subject to s. 303.01 (1) (b) and (d), Stats.

DOC 313.04(4) (4) The department shall notify the joint committee on finance under s. 303.01 (1) (c), Stats., if there is an increase in the number of inmate employees in a prison industry by 200 or more full time equivalent positions in a biennium.

DOC 313.04 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.05 DOC 313.05 Documentation. The industries director shall document prison industry operations, including job positions, titles and descriptions, qualifications, compensation, probationary term, work hours, work rules, and policies. Inmate access to these documents shall be established in industry policy.

DOC 313.05 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.06 DOC 313.06 Application and approval.

DOC 313.06(1) (1) An inmate may apply for a position in a prison industry that is available at the institution in which the inmate resides. The application may include an inmate’s preference for a position.

DOC 313.06(2) (2) The industries supervisor or designee shall do all of the following:

DOC 313.06(2)(a) (a) Interview inmate applicants for specific positions under the industries supervisor’s supervision.

DOC 313.06(2)(b) (b) Consider the following criteria in the selection of an inmate employee:

DOC 313.06(2)(b)1. 1. Education requirements.

DOC 313.06(2)(b)2. 2. Attitude and willingness to learn.

DOC 313.06(2)(b)3. 3. Experience and training.

DOC 313.06(2)(b)4. 4. Physical or mental ability to perform the essential functions of the position, with or without reasonable accommodations.

DOC 313.06(2)(b)5. 5. Past employment record with prison industries or other institution work experience.

DOC 313.06(2)(b)6. 6. Documented security concerns, including assaultive history

DOC 313.06(2)(b)7. 7. Sentence structure.

DOC 313.06(2)(c) (c) Select a qualified inmate applicant consistent with established requirements.

DOC 313.06 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.07 DOC 313.07 Probationary period.

DOC 313.07(1) (1) Inmates hired by prison industries shall serve a probationary period during which the inmate’s employment may be terminated under s. DOC 313.11 (1) (a) or (b).

DOC 313.07(2) (2) Inmate employees shall not receive incentive pay during their original probationary period.

DOC 313.07(3) (3) The duration of the probationary period for any position shall be established by prison industries management so as to provide adequate time for the average inmate employee to learn the duties of the position.

DOC 313.07(4) (4) The industries supervisor may extend the probationary period for an additional 30 days if the inmate employee has not demonstrated satisfactory performance but can reasonably be expected to attain satisfactory performance.

DOC 313.07 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.08 DOC 313.08 Performance evaluation.

DOC 313.08(1) (1) The industries supervisor shall evaluate each inmate employee’s performance as often as required to ensure the inmate employee is meeting performance and productivity expectations. The evaluation shall be written and include the specific skills and expectations of the position.

DOC 313.08(2) (2) An evaluation shall be completed upon completion of probation, at regular intervals, prior to any pay rate change and upon termination.

DOC 313.08(3) (3) The criteria to be used in evaluating inmate employees shall include all of the following:

DOC 313.08(3)(a) (a) Quality of performance of assigned duties.

DOC 313.08(3)(b) (b) Productivity level.

DOC 313.08(3)(c) (c) Initiative.

DOC 313.08(3)(d) (d) Attitude.

DOC 313.08(3)(e) (e) Contributions beyond usual job duties.

DOC 313.08(3)(f) (f) Improvement in the criteria listed in this subsection.

DOC 313.08(4) (4) The industries supervisor or designee shall meet with the inmate employee as part of the evaluation process to discuss the inmate employee’s performance.

DOC 313.08(5) (5) If an inmate employee’s evaluation indicates performance below expectations, the industries supervisor shall meet with the inmate employee to address the performance problem.

DOC 313.08(6) (6) Copies of the inmate employee evaluation shall be distributed to the inmate employee, the industries supervisor, and the social services file.

DOC 313.08 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.09 DOC 313.09 Work rules. The industries director has the authority to establish work rules applicable to inmate employees.

DOC 313.09 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.10 DOC 313.10 Discipline. Chapter DOC 303 applies to all inmate employees. Prison industries staff shall report rule violations in accordance with ch. DOC 303.

DOC 313.10 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.11 DOC 313.11 Termination and removal.

DOC 313.11(1) (1) Inmate employees may be terminated or removed from prison industries work for any of the following reasons:

DOC 313.11(1)(a) (a) Voluntary. An inmate employee may voluntarily remove himself or herself from employment with prison industries at any time, with approval of the industries supervisor.

DOC 313.11(1)(b) (b) During the probationary period. An industries supervisor may terminate an inmate employee’s employment during probation because of performance, conduct, or for any other reason deemed appropriate by the industries supervisor.

DOC 313.11(1)(c) (c) Discipline violation. An industries supervisor may terminate an inmate’s employment for violations under s. DOC 313.09 and ch. DOC 303.

DOC 313.11(1)(d) (d) Inadequate performance. An inmate employee may be terminated for inadequate performance as determined by an evaluation made under s. DOC 313.08.

DOC 313.11(1)(e) (e) Layoff. An inmate employee may be removed due to a reduction in work force in accordance with s. DOC 313.16.

DOC 313.11(1)(f) (f) Unable to work. An inmate employee who is determined to be unable to work due to a health condition by a department health care professional may be removed from employment if the health condition exceeds 30 days.

DOC 313.11(1)(g) (g) Transfer or release. An industries supervisor shall remove an inmate employee from employment upon transfer to another institution or release to the community.

DOC 313.11(1)(h) (h) Security and safety. The industries director may terminate an inmate employee who is perceived to be a threat to security or safety.

DOC 313.11(1)(i) (i) Exceeds period of work assignment. Industries supervisor may terminate an inmate employee after meeting work assignment time periods established by the industries director.

DOC 313.11(2) (2) An industries supervisor shall document all of the following information when an inmate employee is terminated or removed:

DOC 313.11(2)(a) (a) Name of inmate employee.

DOC 313.11(2)(b) (b) Date of termination or removal.

DOC 313.11(2)(c) (c) Shop name.

DOC 313.11(2)(d) (d) Supervisor’s name.

DOC 313.11(2)(e) (e) Reason for termination or removal.

DOC 313.11 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.12 DOC 313.12 Compensation.

DOC 313.12(1) (1) Except as provided in subs. (4) to (7), inmate employees shall be paid for actual hours worked.

DOC 313.12(2) (2) Each inmate employee shall be paid a base wage established by the industries director. Pay adjustments based on prison industries written policy may be added to the original base wage.

DOC 313.12(3) (3) Overtime pay at the rate of one and one-half times the base wage shall be given to inmate employees for hours worked in excess of 40 hours per week.

DOC 313.12(4) (4) Inmate employees shall be paid at the institution rate for involuntary unassigned for the regular scheduled hours if there is a temporary layoff under s. DOC 313.16.

DOC 313.12(5) (5) When an inmate employee is injured in the performance of job duties and is unable to work, the inmate shall continue to receive the same base wage until the inmate employee returns to work or is terminated or removed under s. DOC 313.11.

DOC 313.12(6) (6) An inmate employee shall be paid at the inmate employee’s current base wage for all hours absent from work when removed pending investigation or placement into TLU status unless terminated or removed under s. DOC 313.11.

DOC 313.12(7) (7) Inmate employees may be paid piece-rate wages.

DOC 313.12 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; corrections in (5), (6) made under s. 13.92 (4) (b) 7., Stats., Register February 2018, No. 746.

DOC 313.13 DOC 313.13 Work day.

DOC 313.13(1) (1) The industries director shall establish the regular work day for full-time, part-time, and temporary positions.