Wisconsin Legislature: DOC 327.16(5)(c)

DOC 327.15 Inmate funds.

(1) An inmate in a CRC placement is not eligible for compensation under s. DOC 309.55.

(2) The inmate shall sign an agreement acknowledging the department’s authority to collect all funds earned and compensation received by the inmate while in a CRC placement and to disburse those funds in accordance with this section. Refusal to sign shall make an inmate ineligible for participation.

(3) The CRC business manager or a financial institution designated to handle CRC inmate accounts shall establish a separate CRC account for each inmate and make disbursements in accordance with this section. All paychecks from CRC work assignments and other funds received for inmates shall be sent to the CRC business manager or a financial institution designated to handle CRC inmate accounts.

(4) Upon an inmate’s placement in CRC, funds in an inmate’s general account shall be transferred to his or her CRC account.

(5) The CRC business manager or the designated financial institution shall disburse money received while an inmate is in a CRC placement in the following order:

(a) Payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats., and s. DOC 309.465;

(b) Unless waived by the superintendent, a reasonable electronic monitoring fee as determined by the department; and

(6) Prior to disbursing funds under sub. (5) (c), the business manager or designated financial institution may disburse money from the inmate’s CRC account to pay, either in full or proportionately, the inmate’s obligations that have been acknowledged by the inmate in writing or that have been reduced to judgment.

(7) Income earned by or received for the benefit of an inmate while in a CRC placement is not subject to release account deductions under s. DOC 309.466.

(8) After approval for a CRC placement, an inmate may receive a single disbursement from his or her release account under s. DOC 309.466 for initial expenses such as security deposits, clothing, fees, tuition and books, if approved by the superintendent.

(9) Upon termination of a CRC placement, funds in an inmate’s CRC account shall be deposited in the inmate’s general account after disbursements under sub. (5) (b) are made.

(10) Before releasing an inmate to field supervision from a CRC placement, the CRC business manager shall inform the parole agent of the balance in the inmate’s CRC account. The agent shall instruct the business manager as to where the funds shall be transferred. Following release, the former inmate may use funds formerly held in the CRC account with the approval of the agent.

History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.16 Resources for CRC inmates.

(1) Disclaimer. The department does not assume responsibility for the condition or safety of any CRC residence, including the inmate’s food and property at the residence, or for the safety of others or their property at a CRC residence.

(2) Access to legal materials. Inmates with documented legal needs shall be permitted to do legal research at local law libraries. If local law libraries are not available, efforts shall be made to accommodate reasonable requests of inmates for legal materials by borrowing copies of requested materials from the criminal justice reference and information center at the university of Wisconsin law school or from correctional institution law libraries. CRC staff shall inform inmates how legal materials may be obtained. An inmate, at his or her request, may be transferred from a CRC placement to an institution with a law library if the inmate requires access to a library and materials made available pursuant to this subsection are inadequate.

(3) Medical care.

(a) All medical care for inmates shall be authorized by the superintendent upon recommendation of correctional health services staff in accordance with this subsection.

(b) Inmates with private health insurance may use any medical personnel and facilities covered by their policy with prior approval of the superintendent and correctional health services staff.

(c) Inmates without private health insurance may be required to use department facilities for ordinary medical and dental care.

(d) For emergency medical care, an inmate shall use a facility in the area approved by the department for emergency medical care. All emergency medical care requires the superintendent’s prior authorization unless this is not possible because of the nature and time limitation of the emergency.

(e) An inmate requiring hospitalization for nonemergency medical care shall use a facility in the area approved by the department for hospitalization of CRC inmates. All nonemergency hospitalizations require the prior approval of the superintendent and correctional health services staff.

(f) An inmate’s serious medical care need may be cause for termination of a CRC placement under s. DOC 327.10 and transfer to a state facility for treatment.

(4) Religious services. With the approval of the superintendent, inmates motivated by religious beliefs shall be given reasonable opportunities to attend religious services.

(5) Leisure time activities.

(a) In this subsection, “leisure time activities” mean activities outside the inmate’s residence other than those required for job, school or treatment programs and include, but are not limited to, attending religious services, access to law libraries, exercise and recreational activities.

(b) After 30 days of being in a CRC placement, an inmate shall be permitted to participate in leisure time activities for at least 4 hours per week. The 30 day waiting period may be waived by the superintendent.

(c) A request to participate in a leisure time activity shall be made by an inmate in writing to the appropriate CRC staff member. All leisure time activities shall have prior approval by the appropriate CRC staff member and shall be included in the inmate’s schedule.

(d) An inmate may lose the privilege of participating in leisure time activities through the disciplinary process under s. DOC 327.13.

(6) Property.

(a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and any special conditions imposed on an inmate’s CRC placement.

(b) An inmate’s property shall be signed out to him or her at the sending correctional institution prior to placement in CRC. The department is not responsible for an inmate’s property after that point.

1. Property which is prohibited by state, federal or local law or this chapter;

2. Alcohol beverages as defined in s. 125.02 (1), Stats., or a controlled substance as defined in s. 961.01 (4), Stats.;

3. Any item designed exclusively to be used as a weapon or to be used in the manufacture of a weapon;

4. Intoxicant paraphernalia under s. DOC 303.44; and

5. Obscene material, as defined in s. DOC 309.05 (6) (c) 8.

Note: Obscene material is not defined in ch. DOC 309. However, “pornography” is defined in s. DOC 309.02 (16).

6. Property which is prohibited by an inmate’s special conditions of CRC placement.

(d) Items not permitted under this section or under an inmate’s special conditions of CRC placement are contraband. They may be seized in accordance with s. DOC 303.09. An inmate may be subject to discipline for possessing contraband.

(7) Inmate contacts.

(a) Special conditions may be placed on an inmate’s contacts while in a CRC placement, including mail, visits and telephone, if it is warranted by the rehabilitation of the inmate or the protection of the public.

(b) An inmate shall inform the superintendent of any contact with the news media.

Note: Visits between related inmates are no longer permitted under ch. DOC 309.

History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (6) (c) 2., made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 11-022: am. (6) (c) 4., (d) Register September 2014 No. 705, eff. 1-1-15.

DOC 327.17 Use of force. The use of force on inmates in CRC placements shall comply with s. DOC 306.07, modified as follows:

(1) In addition to the conditions for use of non-deadly force under s. DOC 306.07 (2), non-deadly force may be used by correctional staff against a CRC inmate if the user of force reasonably believes it is necessary to prevent the inmate from fleeing the control of the correctional staff member;

(2) Deadly force may not be used by CRC staff against a CRC inmate except to prevent death or great bodily injury to oneself or another; and

(3) If the CRC inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.

History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 327.18 Mechanical restraints.

(1) This section regulates the use of mechanical restraints on inmates in CRC placements.

(2) Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints.

(3) Mechanical restraints may be used only in the following circumstances:

(a) To protect staff or others from a CRC inmate who poses an immediate risk of flight or physical injury to others unless restrained;

(b) To protect a CRC inmate who poses an immediate threat of physical injury to himself or herself unless restrained;

(d) To transport a CRC inmate.

(4) Mechanical restraints may not be used:

(a) As a method of punishment;

(b) About the head or neck of an inmate;

(c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate; or

(d) To restrain an inmate to a moving vehicle.

(5) A staff member shall observe a CRC inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

(6) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

(7) Except when restraints are used to take a CRC inmate into custody or to transport an inmate, a record shall be kept of each time the inmate is placed in restraints. The record shall include:

(a) The inmate’s full name, number, and the date and time the inmate was placed in restraints;

(b) The name of the staff member who placed the inmate in restraints;

(d) A statement indicating when and under what circumstances the restraints were removed.

(8) CRC staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

(9) If the CRC inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.19 Chemical agents and firearms.

(1) Chemical agents may not be used by CRC staff against CRC inmates.

(2) CRC staff may not carry firearms or other weapons during their working hours.

History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.20 Escapes.

(1) Plan. The superintendent shall have a written plan to be implemented if an escape occurs from a CRC placement. The plan shall be developed by the superintendent who shall review and update it annually. A copy of the plan shall be filed with the administrator. The plan shall provide for the following:

(a) If CRC staff believe that an inmate may have escaped because the inmate has left an assigned area, the inmate does not return to the CRC residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or because CRC staff have received other relevant information, CRC staff shall attempt to contact the inmate.

(b) If CRC staff believe the inmate has escaped or if an inmate is 4 or more hours late returning to the CRC residence without authorization from appropriate CRC staff, CRC staff shall place an apprehension request on the inmate;

(c) After an apprehension request has been placed on an inmate, the escape shall be reported orally and in writing to the superintendent and the administrator;

(d) The escape shall be reported to law enforcement officials; and

(e) The administrator and law enforcement agencies shall be notified by CRC staff when an inmate who has escaped is apprehended.

(2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known: