Register May 2024 No. 821
Chapter DOC 328
COMMUNITY SUPERVISION OF OFFENDERS
Subchapter I — General Provisions
DOC 328.02 Applicability.
Subchapter II — Offender under Supervision
DOC 328.04 Community supervision.
DOC 328.05 Institution release planning.
DOC 328.06 Notice to law enforcement of inmate release to supervision.
DOC 328.07 Supervision fees.
DOC 328.08 Financial obligations.
DOC 328.09 Extension of probation.
DOC 328.10 Funds and property.
DOC 328.11 Purchase of goods and services.
DOC 328.12 Offender administrative review process.
DOC 328.13 Temporary travel.
DOC 328.14 Interstate transfer.
DOC 328.15 Voluntary return to a correctional facility.
DOC 328.17 Early discharge.
Subchapter III — Enforcement Options and Related Matters
DOC 328.19 Mechanical restraints.
DOC 328.20 Incapacitating agents.
DOC 328.21 Firearms or other weapons.
DOC 328.22 Search and seizure; pat-down.
DOC 328.26 Reinstatement.
DOC 328.27 Custody and detention.
DOC 328.28 Psychotropic medication as a condition of supervision.
DOC 328.01
DOC 328.01 Purpose. The purpose of this chapter is to provide rules, services, and programs for offenders who are under supervision of the department. All of the following specific goals and objectives assist the department in fulfilling this purpose:
DOC 328.01(1)
(1) To supervise offenders to the extent necessary to meet public, victim, staff, and offender safety responsibilities.
DOC 328.01(2)
(2) To assist in providing opportunities to achieve the critical success factors of residence, employment, appropriate treatment, and general stability in the living situation.
DOC 328.01(3)
(3) To assist in providing access to community-based programs for offenders on community supervision.
DOC 328.01(4)
(4) To establish necessary guidelines, procedures, and controls to maintain program, staff, and fiscal accountability and to promote program efficiency and effectiveness.
DOC 328.01(5)
(5) To cooperate with other agencies and communities in activities for the purpose of prevention of crime and victimization.
DOC 328.01(6)
(6) To protect the health, rights, and dignity of all offenders involved in the department's programs and activities.
DOC 328.01 History
History:
CR 10-126: cr.
Register June 2013 No. 690, eff. 7-1-13.
DOC 328.02
DOC 328.02 Applicability. This chapter applies to the department and to offenders under the division's custody and supervision for correctional purposes. It implements ss.
165.76,
301.001,
301.03,
301.45,
301.46,
302.11,
302.113,
302.114,
302.14,
302.19,
302.31,
302.335,
304.06 (3),
304.072,
304.074,
304.12,
304.13,
304.135,
304.137,
304.14,
939.615,
941.29,
961.47,
971.17,
972.15,
973.01,
973.04,
973.06,
973.07,
973.08,
973.09,
973.10,
973.125, and
973.20, Stats., and chs.
950 and
980, Stats.
DOC 328.02 History
History:
CR 10-126: cr.
Register June 2013 No. 690, eff. 7-1-13; correction made under s.
13.92 (4) (b) 7., Stats.,
Register March 2017 No. 735.
DOC 328.03
DOC 328.03 Definitions. In this chapter:
DOC 328.03(1)
(1) “Abscond" means the failure of an offender to make himself or herself available as directed by the agent.
DOC 328.03(2)
(2) “Administrator" means the administrator of the division or designee.
DOC 328.03(3)
(3) “Advocate" means a person who assists in the presentation of the offender's position, is independent, and able to act in an offender's best interest. The advocate may not be a person in the custody or under the supervision of the department or an employee of the department.
DOC 328.03(4)
(4) “Agent" means an employee of the division who may be assigned the responsibilities under this chapter.
DOC 328.03(5)
(5) “Alternative to revocation" means placement in a program or imposition of a sanction in lieu of revocation.
DOC 328.03(6)
(6) “Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
DOC 328.03(7)
(7) “Body contents search" means a search in which the offender is required to provide a biological specimen, including but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material.
DOC 328.03(8)
(8) “Collateral" means any person who has contact with or information about an offender.
DOC 328.03(9)
(9) “Commitment term" or “term" means that period of time during which the offender is subject to the control and supervision of the department.
DOC 328.03(10)
(10) “Community supervision" or “supervision" means the control and management of offenders on probation, parole, extended supervision, or other statuses as authorized by court order or statute.
DOC 328.03(11)
(11) “Conditions" means specific regulations imposed on the offender by the court or earned release review commission.
DOC 328.03(12)
(12) “Contacts" means communications between an agent and an offender or collateral.
DOC 328.03(13)(a)
(a) Any item which the offender may not possess under the rules or conditions of the offender's custody or supervision.
DOC 328.03(14)
(14) “Deadly force" means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.
DOC 328.03(16)
(16) “Discharge" means the completion of the term of supervision by an offender.
DOC 328.03(17)
(17) “Division" means the division of community corrections.
DOC 328.03(18)
(18) “Extended supervision" means that portion of a bifurcated sentence that is ordered to be served on community supervision as provided in s.
973.01, Stats.
DOC 328.03(19)
(19) “Extension" means the continuation by the sentencing court of supervision beyond the current discharge date.
DOC 328.03(20)
(20) “Financial resources" of an offender means any income or assets from any source under the offender's sole or joint control.
DOC 328.03(21)
(21) “Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical or physical power or strength.
DOC 328.03(22)
(22) “Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
DOC 328.03(23)
(23) “Hearing examiner" means a person appointed to preside over a hearing to determine whether the department may impose a condition of supervision requiring compliance with prescribed psychotropic medication. The hearing examiner may not currently be involved in the offender's treatment, diagnosis, or supervision, or the direct supervisor of the agent or psychiatrist treating the offender.
DOC 328.03(24)
(24) “Incapacitating agent" means any product or device commercially manufactured for the purpose of temporary control of an offender.
DOC 328.03(25)
(25) “Interstate compact" means an agreement between Wisconsin and another state in the United States or territory of the United States, which provides the means for community supervision of offenders between states as authorized under ss.
304.13,
304.135,
304.14, and
304.16, Stats.
DOC 328.03(26)
(26) “Intoxicating substance" means anything which if taken into the body may alter or impair normal mental or physical functions.
DOC 328.03(27)
(27) “Non-deadly force" means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.
DOC 328.03(28)
(28) “Offender" means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.
DOC 328.03(29)
(29) “Pat-down" means a frisk of the offender's body outside the clothing.
DOC 328.03(30)
(30) “Personal search" means a search of an offender's person, including but not limited to the offender's pockets, an examination of the offender's shoes, hat, and other clothing, and a visual inspection inside the offender's mouth.
DOC 328.03(32)
(32) “Regional chief" means an employee or designee of the division responsible for the administration of a region.
DOC 328.03(33)
(33) “Reporting" means a contact between an agent and offender determined by the rules or conditions of supervision.
DOC 328.03(34)
(34) “Revocation" means the removal of an offender from community supervision in accordance with chs.
DOC 331 and
HA 2.
