Chapter DOC 302

Chapter DOC 302

INMATE CLASSIFICATION, SENTENCE, AND RELEASE PROVISIONS

Subchapter I — General Provisions

DOC 302.01   Applicability.

DOC 302.02   Purpose.

DOC 302.03   Definitions.

DOC 302.04   Emergency suspension of rules.

DOC 302.05   Prison population limits.

DOC 302.06   Institution Security levels.

Subchapter II — Inmate Classification

DOC 302.07   Applicability.

DOC 302.08   Inmate Custody.

DOC 302.09   Custody levels.

DOC 302.10   Relationship of inmate custody classification to institution security levels.

DOC 302.11   Factors in assigning a custody classification.

DOC 302.12   Requirements for assigning minimum or community custody to an inmate serving a life sentence.

DOC 302.13   Program need assignment.

DOC 302.14   Program enrollment.

DOC 302.15   Initial classification and reclassification personnel.

DOC 302.16   Initial classification procedure.

DOC 302.17   Reclassification procedure.

DOC 302.18   Subsequent action.

DOC 302.19   Administrative review of a classification decision.

DOC 302.20   Transfers.

DOC 302.21   Recordkeeping.

Subchapter III — Sentence and Release Provisions

DOC 302.22   Sentence computation.

DOC 302.23   Sentence Clarification.

DOC 302.24   Sentence credit.

DOC 302.25   Discretionary parole violators not subject to 1983 Wis. Act 528.

DOC 302.26   Mandatory release parole violators not subject to 1983 Wis. Act 528.

DOC 302.27   Parole violators subject to 1983 Wis. Act 528.

DOC 302.28   Discretionary release for parole violators.

DOC 302.29   Extended supervision violators.

DOC 302.30   Revocation of probation.

DOC 302.31   Effect of escape on sentence.

DOC 302.32   Waiver of good time, mandatory release, or release to extended supervision.

DOC 302.33   Extra good time for inmates not covered by 1983 Wis. Act 528.

DOC 302.34   Special action release program.

DOC 302.35   Certain earned releases.

DOC 302.36   Positive adjustment time.

DOC 302.37   Sentence adjustment.

DOC 302.38   Challenge incarceration program.

DOC 302.39   Earned release program.

DOC 302.40   Risk reduction sentence.

DOC 302.41   Extraordinary health condition or geriatric petitions.

Ch. DOC 302 Note Note: Chapter HSS 302 was renumbered Chapter DOC 302 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412; Chapter DOC 302 as it existed on June 30, 2018 was repealed and a new Chapter DOC was created, Register June 2018 No. 750, effective July 1, 2018.

subch. I of ch. DOC 302 Subchapter I — General Provisions

DOC 302.01 DOC 302.01 Applicability. Under authority vested in the department by ss. 227.11 (2), 301.02, 301.03 (2), 301.21, 302.07, 302.25, 302.26, and 302.27, Stats., the department adopts this chapter, which applies to the department and all inmates in its legal custody for implementation of ss. 301.046, 301.048, 301.055, 302.043 302.045, 302.05, 302.055, 302.07, 302.08, 302.11, 302.113, 302.114, 302.15, 302.18, 303.065, 303.068, 973.01, and 973.013, Stats.

DOC 302.01 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2018.

DOC 302.02 DOC 302.02 Purpose. The purpose of this chapter is to provide procedures for inmate classification, sentence, and release provisions that include all of the following objectives.

DOC 302.02(1) (1) The objectives of inmate classification include all of the following:

DOC 302.02(1)(a) (a) Establish a dedicated and centralized inmate classification process to determine custody, program need, institution placement assignments, and movement of inmates.

DOC 302.02(1)(b) (b) Classify every inmate based on factors related to public, staff, and inmate safety, institution security, mission of the department, and needs of the inmate.

DOC 302.02(1)(c) (c) Match inmate needs to institution resources when possible.

DOC 302.02(1)(d) (d) Involve inmates in the process of determining custody, program need, and institution assignment.

DOC 302.02(1)(e) (e) Provide a record of custody, program need, and institution placement assignments.

DOC 302.02(2) (2) The objectives of sentence and release provisions includes all of the following:

DOC 302.02(2)(a) (a) Establish processes for inmate release from court imposed periods of incarceration.

DOC 302.02(2)(b) (b) Review judgments of conviction and court orders received for legality and clarity.

DOC 302.02(2)(c) (c) Calculate parole eligibility dates, projected release dates and discharge dates for all counts of all sentences.

DOC 302.02(2)(d) (d) Inform inmate of calculated dates.

DOC 302.02(2)(e) (e) Utilize calculated dates to facilitate the legal release of inmates from prison and offenders from supervision.

DOC 302.02 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.03 DOC 302.03 Definitions. In this chapter:

DOC 302.03(1) (1) “Administrator” means the administrator of the DAI or designee.

DOC 302.03(1m) (1m) “Admission to DAI” means the placement of a person under the custody and control of the DAI, following sentencing or revocation of probation, discretionary parole, mandatory release parole, or extended supervision.

DOC 302.03(2) (2) “Agent” means a probation and parole agent.

DOC 302.03(4) (4) “Applicable percentage” means 85% for a Class C to E felony or 75% for a Class F to I felony.

DOC 302.03(5) (5) “Assaultive activity” means an action that occurs inside or outside an institution and that results in or is intended to result in physical harm to another.

DOC 302.03(6) (6) “Bifurcated sentence” means a sentence under s. 973.01, Stats.

DOC 302.03(7) (7) “Bureau of offender classification and movement” or “BOCM” means the DAI bureau that administers the classification and movement of inmates.

DOC 302.03(8) (8) “Challenge incarceration program” or “CIP” means a program that incorporates manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony, counseling, and age appropriate strenuous physical exercise resulting in earned release from confinement under s. 302.045, Stats.

DOC 302.03(9) (9) “Classification sector chief” means a BOCM supervisor.

DOC 302.03(10) (10) “Classification specialist” means a BOCM staff member who completes processes associated with the assignment of inmate custody, program need, and institution placement.

DOC 302.03(11) (11) “Custody classification” means the assessed risk level assigned to an inmate for purposes of institution placement.

DOC 302.03(12) (12) “DAI” means the division of adult institutions in the department of corrections.

DOC 302.03(13) (13) “DCC” means the division of community corrections in the department of corrections.

DOC 302.03(14) (14) “Department” means the department of corrections.

DOC 302.03(15) (15) “Detainer” means a writ or other legal instrument issued by a competent officer directing the warden or superintendent of an institution to notify the issuing authority when the named person is about to be released so that the issuing authority may obtain custody of the named person if appropriate.

DOC 302.03(16) (16) “Director” means the director of BOCM or designee.

DOC 302.03(17) (17) “Disciplinary hearing” means a hearing authorized under ch. DOC 303 for the discipline of inmates for misconduct.

DOC 302.03(18) (18) “Discretionary parole” means release of an inmate from an institution by parole grant under ch. PAC 1.

DOC 302.03(19) (19) “Discretionary parole violator” means an inmate who has been released by the parole commission under s. 304.06, Stats., and who violated parole prior to their mandatory release date.

DOC 302.03(20) (20) “Disturbance” means a riot or other disturbance to institutional order caused by a group of two or more inmates that may include one of the following:

DOC 302.03(20)(a) (a) An assault on any person by two or more inmates.

DOC 302.03(20)(b) (b) The taking of one or more hostages.

DOC 302.03(20)(c) (c) The destruction of state property or the property of another by two or more inmates.