Wisconsin Legislature: DOC 333.09(1)(b)3.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) (e) (intro.) and (n) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; corrections in (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

DOC 333.08 Discipline.

(1) An inmate in a DIS placement may receive a sanction under s. 301.048 (3), Stats., if the department determines, after completing a review under sub. (2), that the inmate has committed one of the following:

(a) A violation of a state or federal statute or a local ordinance.

(b) A violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

(d) A violation of the rules of supervision.

(2) The review procedure to determine if the inmate has committed a violation shall be conducted as follows:

(a) A written violation report shall be prepared by a DIS staff member which:

1. Sets forth all facts obtained in the DIS staff member’s investigation and includes the proposed penalty and a written statement or a report of an oral statement from the inmate. No statement concerning the alleged violation shall be taken from the inmate until 24 hours after the inmate receives a written notice of the alleged violation which shall include the rule allegedly violated, how the rule was violated and the date and place of the violation. The requirement of prior written notice may be waived by the inmate in writing. A defective notice can be cured by issuing a proper notice.

2. Includes witness statements or summaries of witness statements.

3. Identifies the evidence and the names of witnesses reported by the inmate. The DIS staff member shall include in his or her report what efforts were made to interview witnesses and gather evidence identified by the inmate.

(b) A copy of the violation report shall be served on the inmate within 5 working days after review and approval by a supervisor who was not involved in the alleged violation and did not prepare the violation report. A minor penalty may be imposed by DIS staff after approval by the supervisor and prior to service of the violation report on the inmate.

(c) A major penalty may be imposed by a DIS staff member after review and approval of the violation report by the supervisor under par. (b), service of the violation report on the inmate and completion of the following appeal procedure:

1. The inmate may appeal the violation report to the sector chief or designee by service of a written appeal within 5 working days of receipt of the violation report.

2. If the appeal is to the sector chief’s designee, the designee shall not be the immediate supervisor of the DIS staff member who conducted the investigation.

3. The sector chief or designee shall review the violation report and the appeal and issue a final decision within 7 working days of receipt of the appeal.

4. A major penalty may be imposed at any time after the expiration of the appeal time if the inmate does not appeal.

(3) A “major offense” is a violation of one or more of the rules of supervision for which a major penalty may be imposed if the accused inmate is found guilty.

(4) A “minor offense” is any violation of one or more of the rules of supervision which is not a ‘major offense’ under sub. (5) or which a DIS supervisor has not classified as a major offense. If an offense not listed in sub. (5) is a ‘major offense’ for an inmate, it shall be identified as a ‘major offense’ in the DIS rules of supervision.

(5) Any violation of the following sections is a major offense:

- See PDF for table

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.09 Termination of DIS placement.

(1) If an inmate has been transferred to DIS from a state correctional facility under s. 301.048 (2), Stats., the placement in DIS may be terminated for any of the following reasons:

(a) If there is a change of circumstances such as the loss, for any reason, of a job, school or treatment program.

(b) If the department determines that the inmate has committed one or more of the following violations:

1. Violation of a state or federal statute or local ordinance.

2. Violation of the rules of any facility, institution or program in which the inmate is held or to which the inmate is assigned.

3. Violation of the DIS rules of supervision.

(c) For any other reason, which, in the discretionary judgment of the department, is reasonably calculated to serve the interests stated in s. DOC 333.01.

(2) If an inmate is placed in DIS as an alternative to revocation of probation or parole pursuant to s. 301.048 (2) (am) 4., Stats., or is placed in DIS as a condition of parole by the parole commission pursuant to s. 301.048 (2) (am) 3., Stats., the placement in DIS shall be terminated if the inmate’s probation or parole is revoked under ch. DOC 331.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 333.10 Termination procedure.

(1) The proposed termination of a DIS placement by DIS staff under s. DOC 333.09 (1) shall be reviewed by the PRC which shall consist of 2 or more members appointed by the administrator. The administrator may designate persons to sit as alternates.

(2) RC may recommend to the administrator or the administrator’s designee that the inmate’s DIS placement be terminated and the inmate returned to a type 1 prison or that the inmate be transferred to another community or another living arrangement or that any other appropriate action be taken. RC review of the inmate’s DIS placement shall be conducted in accordance with ss. DOC 302.17 and 302.19, except that “administrator or their designee” shall be substituted for “superintendent” in those provisions and no disciplinary hearing shall be held to determine if a violation has occurred. The decision of the administrator or the administrator’s designee shall be final.

(3) If the placement is to be terminated under s. DOC 333.09 (1) (b), the review process in s. DOC 333.08 (2) shall be completed before the placement is terminated.

(4) An inmate who has been removed from a DIS placement pending completion of the review procedure in s. DOC 333.08 (2) and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

(5) Prior to completion of the termination procedure or the revocation procedure under ch. DOC 331, the department may take any action it considers necessary for protection of the public including detention of the inmate in any state correctional institution, county jail or other facility that has agreed to hold DIS inmates in detention status, provided that the conditions for detention under s. DOC 333.11 are met.

(6) If an inmate is unable to attend work, school or treatment programs due to the termination procedure, DIS staff shall notify the appropriate school official, employer or treatment staff.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93; CR 17-026: am. (2), Register June 2018 No. 750 eff. 7-1-18.

DOC 333.11 Detention for inmates in DIS placements.

(1) In this section, “detention” means secure or non-secure confinement in a Type 1 prison, jail, county reforestation camp, residential treatment facility or community-based residential facility under s. 301.048 (3) (a) 1., Stats.

(2) An inmate may be placed in detention by any DIS staff or by a law enforcement officer at the request of DIS staff and kept there if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

(a) If the inmate remains in the DIS placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action.

(b) If the inmate remains in the DIS placement, the inmate will encourage others by example, expressly, or by the inmate’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation.

(c) If the inmate remains in the DIS placement, it will create a substantial danger to the physical safety of the inmate or another person.

(d) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will try to escape.

(e) If the inmate remains in the DIS placement, a criminal, disciplinary or termination investigation will thereby be inhibited.

(f) If the inmate remains in the DIS placement, there is a substantial danger that the inmate will commit a crime.

(g) If, in the discretionary judgement of DIS staff, the inmate’s retention in the DIS placement is not reasonably calculated to serve the interests stated in s. DOC 333.01.

(3) DIS supervisory staff shall review the placement of an inmate in detention within 3 working days after it takes place. Before this review, the inmate shall be provided with the reason for detention and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate’s response to the detention. If, upon review, it is determined that detention is not appropriate, the inmate shall be returned to the DIS placement.

(4) No inmate may remain in detention more than 21 days, except that the administrator may extend this period for up to 21 additional days for cause. After the review under sub. (3), DIS supervisory staff shall review the status of each inmate in detention every 7 days to determine whether detention continues to be appropriate. If upon review it is determined that detention is not appropriate, the inmate shall be returned to his or her DIS placement.

(5) When an inmate is placed in detention, the person who makes the placement shall state in writing the reasons for the detention. The inmate shall be given a copy of the written statement. Upon review, the supervisory staff person shall indicate on the statement approval or disapproval of detention.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.12 Inmate funds.

(1) An inmate in a DIS 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 DIS placement and to disburse those funds in accordance with this section. Refusal to sign an agreement is an offense.

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

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

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

(a) Payment of restitution under s. 973.20, Stats., and payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats., and s. DOC 309.465;

(b) Unless waived by DIS staff, an electronic monitoring fee pursuant to s. 301.135 (4), Stats., to cover the actual costs associated with electronic monitoring and

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

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

(8) After approval for DIS placement, an inmate who is transferred from a state correctional facility 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 DIS staff.

(9) Upon termination of a DIS placement, funds in an inmate’s DIS account shall be deposited in the inmate’s general account after disbursements under sub. (5) and (6) are made.

(10) Before releasing an inmate to field supervision as a parolee, the DIS business manager shall inform the parole agent of the balance in the inmate’s DIS account. The agent shall instruct the business manager as to where the funds shall be transferred.

History: Cr. Register, February, 1993, No. 446, eff. 3-1-93.

DOC 333.13 Resources for DIS inmates.

(1) Disclaimer. The department does not assume responsibility for the condition or safety of any DIS residence, including the inmate’s food and property at the residence, or for the safety of others or their property at a DIS residence. In this subsection, “DIS residence” does not include a type 1 prison, jail, county reforestation camp, residential treatment facility or a community-based residential treatment facility.

(2) Access to legal materials. Inmates shall be permitted to do reasonable legal research at local law libraries with the prior approval of DIS staff. “Reasonable research” means a maximum of four hours per week, including travel time. Inmates with court imposed deadlines may request additional research time.

(3) Medical care.

(a) Inmates with private health insurance may use any medical personnel and facilities covered by their policy with prior approval of DIS staff.

(b) DIS staff shall assist inmates without private health insurance to identify the public health and social service agencies which can assist them with their health care needs. Prior approval by the assigned agent is required for utilization of medical personnel or facilities.

(4) Religious services. With the prior approval of DIS staff, inmates motivated by religious beliefs shall be given a reasonable opportunity to attend religious services. “Reasonable opportunity” means required worship time not to exceed 2 hours per week, including travel time. “Religious services” does not include social activities sponsored by a religion or related to religious activities. Inmates may request additional time for required worship.

(5) Recreation time. Recreation time shall be administered as follows:

(a) In this subsection, “recreation time” means activities outside the inmate’s residence other than those required for job, school or treatment programs and include, but are not limited to exercise and recreational activities. Time which the inmate must be permitted to spend at religious services or law libraries under subs. (2) and (4) is not recreation time. Recreation time may be used by an inmate for legal research at law libraries or religious services, in addition to the time provided under subs. (2) and (4).

(b) Recreation time may be provided at the discretion of DIS staff. Recreation time shall be conditioned upon satisfactory participation in the program.

(c) A request for recreation time shall be made by an inmate in writing to his or her agent. All recreation time shall have prior approval by DIS staff and shall be included in the inmate’s schedule. The request shall include the following:

1. Date and starting and ending time of recreation activity.

2. Specific location of recreation.

3. Names of persons involved in the recreation activity.

4. Description of the recreation activity.

(d) An inmate may lose the privilege of participating in recreation activities through the disciplinary process under s. DOC 333.08.

(6) Property.

(a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and the inmate’s rules of supervision.

(b) An inmate in a DIS placement may possess any personal property except: