Chapter DOC 328

DOC 328.04(3)(b) (b) Avoid all conduct which is not in the best interest of the public welfare or the offender’s rehabilitation.

DOC 328.04(3)(c) (c) Report all arrests or police contacts to an agent within 72 hours.

DOC 328.04(3)(d) (d) Participate in and comply with the requirements of programming recommended by the department.

DOC 328.04(3)(e) (e) Inform the agent of whereabouts and activities as directed.

DOC 328.04(3)(f) (f) Submit a written offender report and any other relevant information as may be required.

DOC 328.04(3)(g) (g) Submit to searches ordered by the agent under s. DOC 328.22.

DOC 328.04(3)(h) (h) Obtain permission from an agent prior to changing residence or employment. In the case of an emergency, notify the agent of the change within 72 hours.

DOC 328.04(3)(i) (i) Obtain permission and a travel permit from an agent before leaving the state.

DOC 328.04(3)(L) (L) Pay court ordered financial obligations and other fees as required.

DOC 328.04(3)(m) (m) Obtain permission from an agent prior to purchasing, possessing, owning or carrying a firearm or other weapon, including incapacitating agents. An offender may not be granted permission to possess a firearm if prohibited under federal or state law.

DOC 328.04(3)(n) (n) Shall not vote in any federal, state, county, municipal, or school board election held in Wisconsin while on supervision for a felony conviction.

DOC 328.04(3)(o) (o) Abide by all rules of any detention or correctional facility.

DOC 328.04(3)(p) (p) Provide true and correct information verbally and in writing as required by the department.

DOC 328.04(3)(q) (q) Report to an agent as directed.

DOC 328.04(3)(r) (r) Submit a biological specimen for testing when ordered by a court or under s. 165.76, Stats.

DOC 328.04(3)(s) (s) Comply with any additional rules that may be established by an agent. The rules may be modified at any time as appropriate.

DOC 328.04 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (2) (i) Register October 2019 No. 766, eff. 11-1-19; CR 21-104: r. and recr. (3) (d), r. (3) (j), (k) Register May 2024 No. 821, eff. 6-1-24.

DOC 328.05 DOC 328.05 Institution release planning. After the inmate and institution staff have prepared a proposed release plan, the agent shall investigate the plan, comment as to its appropriateness, and suggest modifications if necessary. The plan must address any court-ordered conditions or conditions of release.

DOC 328.05 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.06 DOC 328.06 Notice to law enforcement of inmate release to supervision. Before releasing an inmate to supervision, the department shall notify the municipal police department and the county sheriff in the area where the individual will reside.

DOC 328.06 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.07 DOC 328.07 Supervision fees.

DOC 328.07(1) (1) Supervision fee. An offender shall pay a supervision fee.

DOC 328.07(2) (2) Establishment of fee. The department shall charge a fee not to exceed $60 per month to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services.

DOC 328.07(3) (3) Agent action. The assigned agent shall do all of the following:

DOC 328.07(3)(a) (a) Establish the offender’s supervision fee or exemption.

DOC 328.07(3)(b) (b) Provide the offender with a copy of the fee schedule.

DOC 328.07(4) (4) Reporting and verification of supervision fee. The department shall do all of the following:

DOC 328.07(4)(a) (a) Record all supervision fees paid by the offender.

DOC 328.07(4)(b) (b) Provide the offender access to a copy of the record of payments to verify receipt of payment.

DOC 328.07(5) (5) Refunds of supervision fees. The department shall refund supervision fees only when the offender has paid in advance for a month that the offender was not under supervision.

DOC 328.07 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.

DOC 328.08 DOC 328.08 Financial obligations. When an offender is required to pay restitution or other financial obligations pursuant to state statute or court order, the following procedures apply:

DOC 328.08(1) (1) Acceptance and disbursement of payment. The department may at any time accept a payment from or on behalf of an offender, which is made pursuant to state statute or court order. The department shall transmit the payment to the department cashier for deposit in the offender’s account. The cashier shall disburse funds from the account in accordance with the court order or state statute.

DOC 328.08(2) (2) Unpaid financial obligations.

DOC 328.08(2)(a) (a) For offenders who have not paid court ordered obligations, the department will provide notification to the sentencing court, district attorney, and victim at least 90 days prior to discharge.

DOC 328.08(2)(b) (b) If the department determines that the offender has made a good faith effort to pay ordered obligations, the department shall recommend the court order the restitution due be entered as a civil judgment in favor of the victims.

DOC 328.08(2)(c) (c) When the department determines that an offender who is on probation has not made a good faith effort to pay the ordered obligations, the department may recommend that the court extend the term of probation and modify any condition or recommend that the court enter a civil judgment in favor of the victims. The department shall inform the offender of his or her rights to a hearing and waiver under s. DOC 328.09 (2) and (3).

DOC 328.08 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.09 DOC 328.09 Extension of probation.

DOC 328.09(1) (1) Department recommendation. The department may recommend that a court extend the probation period under s. 973.09 (3) (a), Stats.

DOC 328.09(2) (2) Hearing. If the department recommends extension of an offender’s probation, the department shall notify the offender of the recommendation and the right to a court hearing.

DOC 328.09(3) (3) Waiver. An offender may knowingly and voluntarily waive the hearing in writing. The waiver shall state that:

DOC 328.09(3)(a) (a) The offender has read the notice, or has had it communicated to him or her, and understands the notice under this section.

DOC 328.09(3)(b) (b) The offender acknowledges that there is good cause for the extension.

DOC 328.09(3)(c) (c) The offender consents to an extension of the supervision for the specific period of time stated in the notice.

DOC 328.09(3)(d) (d) The offender was notified of the right to consult with an attorney before signing the waiver.

DOC 328.09 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.10 DOC 328.10 Funds and property.

DOC 328.10(1) (1) Disclosure of financial information. An agent may require the offender to disclose all financial information, including tax returns, financial institution account statements, and wage information, to assist in the management of the offender’s financial resources.

DOC 328.10(2) (2) Monitoring of offender financial obligations. Receipting, remitting, and auditing of offender financial obligations shall be done in a manner consistent with department policies.

DOC 328.10(3) (3) Voluntary wage assignment. An agent may initiate a voluntary wage assignment against an offender’s wages in order to assure collection of court ordered financial obligations and other fees. If married, the offender’s spouse must also consent to the wage assignment.

DOC 328.10(5) (5) Offender property. Agents shall not receive or store any property for an offender except as provided under s. DOC 328.23.

DOC 328.10(6) (6) Management of offender’s financial resources.

DOC 328.10(6)(a) (a) An agent may assist in the management and disbursement of the financial resources of an offender if one of the following factors applies:

DOC 328.10(6)(a)1. 1. The offender requests assistance.

DOC 328.10(6)(a)2. 2. The agent believes that management is necessary to control the offender’s funds.

DOC 328.10(6)(a)3. 3. The agent believes that management is necessary to ensure compliance with the offender’s existing restitution orders, and other financial obligations, including payment of supervision or monitoring fees under ss. DOC 328.07, 332.18, 332.19, and 332.20.

DOC 328.10(6)(b) (b) When an agent manages funds under this section, the agent shall document all actions under this section as required by the department, including the reason the offender’s money is being managed.

DOC 328.10(6)(c) (c) Management of the funds may be done only through a bank account in the offender’s name. All financial resources of an offender managed by an agent shall be deposited directly into the offender’s account upon receipt.

DOC 328.10 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. (4) Register October 2019 No. 766, eff. 11-1-19.

DOC 328.11 DOC 328.11 Purchase of goods and services.

DOC 328.11(1) (1) If an offender requires assistance or materials that cannot reasonably be provided through any other available resource, the department may provide assistance in accordance with s. 301.08, Stats. The department shall approve the expenditure for the assistance before services may be provided.

DOC 328.11(2) (2) The department shall require any vendors contracted for community-based residential facilities that are licensed under ch. DHS 83 to comply with the federal prison rape elimination act of 2003.

DOC 328.11 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. Register October 2019 No. 766, eff. 11-1-19.

DOC 328.12 DOC 328.12 Offender administrative review process.

DOC 328.12(1) (1) Purpose. The department shall provide offenders an opportunity for administrative review of certain decisions by allowing offenders to raise concerns regarding their supervision in an orderly manner.

DOC 328.12(2) (2) Scope. An offender may request administrative review to challenge any department decision affecting an offender except a decision concerning:

DOC 328.12(2)(a) (a) Revocation.

DOC 328.12(2)(b) (b) Custody and detention.

DOC 328.12(2)(c) (c) Denial of use or possession of firearms pursuant to federal or state law.

DOC 328.12(2)(d) (d) Special conditions or terms of supervision imposed by a court or the parole commission.

DOC 328.12(2)(e) (e) Decisions regarding early discharge from the term of supervision.

DOC 328.12(3) (3) Request for administrative review.

DOC 328.12(3)(a) (a) Prior to initiating a request for administrative review, the offender shall attempt to resolve the concern with the agent.

DOC 328.12(3)(b) (b) If the concern is not resolved under par. (a), the offender may file within a reasonable time a written request for administrative review to the agent’s supervisor. The request and subsequent reviews shall be filed utilizing the department’s forms.

DOC 328.12(3)(c) (c) The offender may request within a reasonable time a review of the supervisor’s decision by the regional chief. If the concern is not resolved, the offender may request within a reasonable time a final review by the administrator.

DOC 328.12(4) (4) Effect of review of disputed decision. During the administrative review process, the affected parties shall comply with the decision under dispute.

DOC 328.12(5) (5) Expedited review. The department may expedite the review process under this section if the concern raised is time sensitive.

DOC 328.12 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.13 DOC 328.13 Temporary travel.

DOC 328.13(1) (1) The department may authorize temporary out-of-state travel when it is consistent with the purpose and goals of the offender’s supervision, applicable interstate compact provisions, and applicable civil commitment provisions. An offender may travel out of the state of Wisconsin only if he or she has submitted a written request and has received written authorization prior to the requested travel. The division may grant prior authorization for travel out of the state of Wisconsin as follows:

DOC 328.13(1)(a) (a) Agent approval is required for travel not to exceed 15 days.

DOC 328.13(1)(b) (b) Supervisory approval is required for travel exceeding 15 days.

DOC 328.13(1)(c) (c) Travel permits may be used to authorize multiple trips to another state during a specific time period.

DOC 328.13(2) (2) An authorization for temporary out of state travel shall specify that the offender is responsible for all of the following:

DOC 328.13(2)(a) (a) The costs incurred by the travel.

DOC 328.13(2)(b) (b) Reporting as required.

DOC 328.13(2)(c) (c) Returning to the state upon agent request at any time the offender is out of state.