Chapter DOC 324

Chapter DOC 324

WORK AND STUDY RELEASE

DOC 324.01   Purpose.

DOC 324.02   Applicability.

DOC 324.03   Definitions.

DOC 324.04   Eligibility to apply for work or study release status.

DOC 324.05   Procedure for application and approval.

DOC 324.06   Placement procedure.

DOC 324.07   Placement in work release.

DOC 324.08   Placement in study release.

DOC 324.09   Inmate funds.

DOC 324.10   Transportation.

DOC 324.11   Custody.

DOC 324.12   Inmate conduct on work and study release.

DOC 324.13   Process for termination of work and study release.

Ch. DOC 324 Note Note: Chapter HSS 324 was renumbered Chapter DOC 324 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412.

Ch. DOC 324 Note Note: Several sections in this chapter have explanatory notes. This information is located in the appendix following the last section of the chapter.

DOC 324.01 DOC 324.01 Purpose. The purposes of work and study release privileges are the following:

DOC 324.01(1) (1) To provide an opportunity for inmates to assume responsibility in employment or educational settings to prepare them for a productive life in free society after release.

DOC 324.01(2) (2) To complement institution education, training, and work programs with community resources not available in an institution.

DOC 324.01(3) (3) To provide inmates with a program activity in which they may demonstrate, through responsible behavior, their readiness for parole.

DOC 324.01(4) (4) To provide an opportunity for inmates to accumulate funds to meet financial obligations that might otherwise inhibit adjustment following release or parole.

DOC 324.01(5) (5) To fulfill the correctional goals of public protection and reintegration of the inmate into society.

DOC 324.01 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (intro.), Register, February, 1987, No. 374, eff. 3-1-81; am. (intro.) and (1) to (4), Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.02 DOC 324.02 Applicability. This chapter applies to the department of corrections and inmates in its custody, whether housed in a department facility or housed in a contract facility. It interprets s. 303.065, Stats. This chapter is adopted pursuant to the authority of s. 303.065 (2), Stats.

DOC 324.02 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.03 DOC 324.03 Definitions. In this chapter:

DOC 324.03(1) (1) “Community custody” means the custody classification which permits inmates to participate in off-grounds activities.

DOC 324.03(2) (2) “Contract facility” includes a county jail, halfway house, or any other facility or agency that has an agreement with the department to provide housing for inmates in the custody of the department.

DOC 324.03(3) (3) “Department” means the department of corrections.

DOC 324.03(4) (4) “Reclassification” or “RC” means the process associated with the assignment of inmate custody, institution placement and program need subsequent to an initial classification

DOC 324.03(5) (5) “Study release” means a work release program authorized under s. 303.065 (2), Stats., for educational purposes in a technical, vocational, or trade school, university, a college, a sheltered workshop or a training program designed to improve an inmate’s skills and ability.

DOC 324.03(6) (6) “Superintendent” means the superintendent at a correctional center or designee.

DOC 324.03(7) (7) “Warden” means the warden at a correctional institution, or designee.

DOC 324.03(8) (8) “Work release” means a program authorized under s. 303.065, Stats., that grants to selected inmates the privilege of leaving the confines of state correctional facilities to participate in employment programs. The term “work release” applies only to placements for employment.

DOC 324.03(9) (9) “Work release coordinator” means the person designated to perform the duties enumerated in this chapter for work release or study release, or designee.

DOC 324.03 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, February, 1987, No. 374, eff. 3-1-87; am. (intro.), r. and recr. (1) and (2), r. (4) and (10), renum. (5) to (9) and (11) to be (4) to (9) and am. (4), (6) and (11) and r. and recr. (7), Register, September, 1997, No. 501, eff. 10-1-97; CR 17-026: r. and recr. (4), Register June 2018 No. 750 eff. 7-1-18.

DOC 324.04 DOC 324.04 Eligibility to apply for work or study release status. To be eligible to apply for work or study release status an inmate shall meet the following criteria:

DOC 324.04(1) (1) Reside in a minimum security facility and have a community custody classification as described in s. DOC 302.09 (4).

DOC 324.04(2) (2) Have reached parole eligibility as defined in s. 304.06 (1), Stats., if serving a life sentence.

DOC 324.04(3) (3) Wait, if required, before regaining eligibility, if prior work or study release has been terminated under s. DOC 324.13 for misconduct.

DOC 324.04(4) (4) Not have a record of escape or attempted escape for one year from the date the judgment is entered or a finding of guilt under ch. DOC 303 is entered.

DOC 324.04 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, February, 1987, No. 374, eff. 3-1-87; am. (1), Register, September, 1990, No. 417, eff. 10-1-90; r. and recr., Register, September, 1997, No. 501, eff. 10-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 17-026: am. (1), Register June 2018 No. 750 eff. 7-1-18.

DOC 324.05 DOC 324.05 Procedure for application and approval.

DOC 324.05(1) (1) An inmate meeting eligibility criteria under s. DOC 324.04 may apply for work or study release status to the institution social worker or any designated staff member.

DOC 324.05(2) (2) The social worker or designated staff member shall review the inmate’s application and shall report on the inmate’s eligibility to the warden or superintendent where the inmate is assigned.

DOC 324.05(3) (3) The inmate shall be approved for work or study release status by the warden or superintendent before any further placement efforts can be undertaken.

DOC 324.05(4) (4) The criteria set forth under ss. DOC 302.11 and 302.14 shall be considered in making the decision to approve or deny the inmate’s application for work or study release.

DOC 324.05(5) (5) The warden or superintendent shall notify the work release coordinator of the approval of the application for work or study release.

DOC 324.05 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, February, 1987, No. 374, eff. 3-1-87; am. (1) to (3), r. and recr. (4) and (5), r. (6), (7) and (8), Register, September, 1997, No. 501, eff. 10-1-97; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

DOC 324.06 DOC 324.06 Placement procedure.

DOC 324.06(1) (1) Upon approval for the program, the inmate shall meet with the work release coordinator to complete the application process. The application process shall include, in accordance with s. DOC 324.09, information about the inmate’s financial obligations. If the application is for study release, the inmate shall apply for benefits as required under s. DOC 324.09 (1).

DOC 324.06(2) (2) Upon receiving notification, the work release coordinator and appropriate staff shall, under s. DOC 324.09 (2), investigate the inmate’s financial obligations and attempt to place the inmate in accordance with the requirements of s. DOC 324.07 or 324.08.

DOC 324.06(3) (3) Before placement, the work release coordinator shall advise the employers or appropriate school administrators of their responsibilities to the inmates and the program. For placement in a contract facility, the director of the contract facility must consent in advance to accept the inmate. Withdrawal of the consent terminates the placement. Determination of the costs and method of payment for room and board must be arranged prior to placement at the location.

DOC 324.06(4) (4) When a suitable placement is available for an inmate, the work release coordinator shall explain to the inmate the rules of work or study release and complete the forms necessary to implement the placement.

DOC 324.06(5) (5) Before an inmate begins a work or study release placement, the work release coordinator shall give the department’s division of program services and the state correctional facility social worker the following information:

DOC 324.06(5)(a) (a) Date placement is to begin.