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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 Purchase of goods and services.
(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.
(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.
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 Offender administrative review process.
(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.
(2) Scope. An offender may request administrative review to challenge any department decision affecting an offender except a decision concerning:
(a) Revocation.
(b) Custody and detention.
(c) Denial of use or possession of firearms pursuant to federal or state law.
(d) Special conditions or terms of supervision imposed by a court or the parole commission.
(e) Decisions regarding early discharge from the term of supervision.
(3) Request for administrative review.
(a) Prior to initiating a request for administrative review, the offender shall attempt to resolve the concern with the agent.
(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.
(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.
(4) Effect of review of disputed decision. During the administrative review process, the affected parties shall comply with the decision under dispute.
(5) Expedited review. The department may expedite the review process under this section if the concern raised is time sensitive.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.13 Temporary travel.
(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:
(a) Agent approval is required for travel not to exceed 15 days.
(b) Supervisory approval is required for travel exceeding 15 days.
(c) Travel permits may be used to authorize multiple trips to another state during a specific time period.
(2) An authorization for temporary out of state travel shall specify that the offender is responsible for all of the following:
(a) The costs incurred by the travel.
(b) Reporting as required.
(c) Returning to the state upon agent request at any time the offender is out of state.
(d) Waiving extradition.
(e) Carrying a travel permit.
(3) Offenders shall be allowed to travel to foreign countries only as follows:
(a) As authorized by the sentencing court.
(b) Upon verification of official military orders from the US Armed Forces or National Guard.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.14 Interstate transfer.
(1) If the department determines that transfer to another jurisdiction is in the best interests of an offender and consistent with the goals of this chapter, an interstate transfer may be initiated upon payment of an application fee authorized under s. 20.410 (1) (gn), Stats. The fee shall not exceed $150 per application.
(2) An offender from another state, who has requested supervision and is present in Wisconsin prior to formal acceptance, is subject to the provisions of this chapter.
(3) An offender subject to supervision in another state will be accepted for supervision in Wisconsin if one of the following applies:
(a) The offender meets the criteria established by the applicable interstate compact.
(b) The department consents.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: am. (1) Register October 2019 No. 766, eff. 11-1-19.
DOC 328.15 Voluntary return to a correctional facility.
(1) An offender may request a voluntary return to a correctional facility for a period not to exceed one year.
(2) The request shall be in writing in a format prescribed by the department.
(3) The division shall inform the offender of all of the following:
(a) Upon return to the institution, the offender shall remain incarcerated until the agreed release date unless the department determines earlier release is appropriate.
(b) Offenders who were convicted prior to December 30, 1999, must waive parole consideration, good time, and entitlement to mandatory release.
(c) The department’s rules applicable to inmates in correctional facilities shall apply to the offender during the period of incarceration.
(4) Upon approval of the request by the regional chief, the division shall forward the request to the administrator of the division of adult institutions for a decision.
(5) During the period of incarceration the agent shall maintain contact with the offender and facilitate a release plan.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.16 Discharge.
(1) Offenders shall be informed of the individualized objectives and conditions of supervision required for discharge.
(2) When supervision has expired, the department shall do all of the following:
(a) For a felon, issue a certificate of discharge or a certificate of final discharge if the offender has discharged from all felony cases. A certificate of final discharge under this subdivision shall list the civil rights that have been restored to the offender and the civil rights that have not been restored to the offender.
(b) For a misdemeanant, notify the offender that his or her period of supervision has expired.
(c) For a probationer, the department shall notify the sentencing court that the period of probation supervision has expired.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.17 Early discharge.
(1) Offenders may be eligible for discharge as provided by s. 973.09 (3) (d), Stats.
(1m) The department may grant a parolee early discharge when there is a reasonable probability that supervision is no longer necessary for the rehabilitation and treatment of the offender and for the protection of the public. The offender must have reached his or her mandatory release date or have been under supervision for two years under s. 302.11 (6), Stats.
(2) Offenders are eligible for discharge by the governor as provided by s. 973.013 (2), Stats.
(3) The department may not discharge an offender on lifetime supervision under s. 939.615, Stats.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; CR 18-062: r. and recr. (1), cr. (1m), am. (2), r. (4) Register October 2019 No. 766, eff. 11-1-19.
Subchapter III — Enforcement Options and Related Matters
DOC 328.18 Use of force. Whenever feasible, staff shall rely on law enforcement authorities to exercise force against offenders. When such assistance is not available, staff may use force subject to this section.
(1) Non-deadly force may be used by staff against offenders only if the user of force reasonably believes it is immediately necessary to realize one of the following objectives:
(a) To prevent death or bodily harm to oneself or another.
(b) To prevent unlawful damage to property, including damage that may result in death or bodily harm to oneself or another.
(c) To prevent an offender from fleeing the control of a staff member.
(d) To change the location of an offender.
(2) Staff may use deadly force only to prevent death or great bodily injury to oneself or another.
(3) Staff may not use deadly force if its use creates a substantial danger of harm to innocent third parties, unless the danger created by not using such force is greater than the danger created by using it.
(4) The use of excessive force is forbidden. Only as much force may be used as is reasonably necessary to achieve the objective.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
DOC 328.19 Mechanical restraints.
(1) An employee may use mechanical restraints authorized by the department to restrain an offender only in accordance with the following:
(a) To protect staff or others from an offender who poses an immediate risk of flight or physical injury to others.
(b) To protect an offender who poses an immediate threat of physical injury to self.
(c) To take an offender into custody.
(d) To transport an offender while in custody.
(2) Mechanical restraints may not be used under any of the following circumstances:
(a) As a method of punishment.
(b) In a manner that intentionally causes undue physical discomfort, inflicts physical pain, or restricts the blood circulation or breathing of the offender.
(c) To restrain an offender to a vehicle.
(3) Staff shall monitor an offender in restraints at regular intervals until the restraints are removed or custody of the offender is transferred.
(4) Offenders should be released from restraints to perform bodily functions and for meals when the removal does not jeopardize safety and security.
History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.
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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.