Chapter DOC 302

DOC 302.03(51) (51) “Reviewing authority” means the division of hearings and appeals in the department of administration, upon proper notice and hearing under ch. DOC 331, or the department, if the discretionary parole violator, extended supervision violator, mandatory release parole violator, or parole violator waives a hearing.

DOC 302.03(52) (52) “Risk reduction sentence” means a sentence imposed by a court under s. 971.031, 2009 Stats., that results in the inmate’s release to extended supervision upon serving 75% of the sentence, completing a risk reduction plan, and maintaining good conduct as determined by the department.

DOC 302.03(53) (53) “Secretary” means the secretary of the department or designee.

DOC 302.03(54) (54) “Security classification” ” means the security level of an institution as determined by the department’s review of specific policies, physical plant characteristics, resources and degree of supervision of inmate supervision.

DOC 302.03(55) (55) “Security threat group” or “STG” means a group of individuals which threatens, intimidates, coerces or harasses others or which engages in any activity which violates or encourages the violation of statutes, administrative rules or department policy.

DOC 302.03(56) (56) “Social worker” means the institution social worker to whom an inmate is assigned.

DOC 302.03(57) (57) “Special action release” or “SAR” means release of an inmate from the institution to parole supervision by decision of the secretary prior to mandatory release.

DOC 302.03(58) (58) “Special action release coordinator” or “SAR coordinator” means the staff member who assembles and submits to the secretary all documents on an inmate relevant to SAR consideration.

DOC 302.03(59) (59) “Staff” or “staff member” means a person employed by the department as permanent, project, contract, or limited term employee.

DOC 302.03(60) (60) “Statutory good time” means credit for good conduct and for performing all required duties as required under s. 53.11, 1981 Stats.

DOC 302.03(61) (61) “Superintendent” means a superintendent or designee at a correctional center as established under s. 301.13, Stats.

DOC 302.03(62) (62) “Victim” has the meaning given in s. 950.02 (4), Stats.

DOC 302.03(63) (63) “Warden” means the warden or designee at an institution.

DOC 302.03(64) (64) “Wisconsin substance abuse program” means a program that incorporates substance abuse treatment resulting in earned release from confinement under s. 302.05, Stats.

DOC 302.03(65) (65) “Working days” means all days except Saturdays, Sundays, and state legal holidays.

DOC 302.03 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18; (3) renum. to (1m) under s. 13.92 (4) (b) 1., Stats., Register June 2018 No. 750.

DOC 302.04 DOC 302.04 Emergency suspension of rules. The secretary may suspend rules specified in this chapter if an emergency occurs that prevents the normal functioning of department operations.

DOC 302.04 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.05 DOC 302.05 Prison population limits. The department shall maintain limits on the number of prisoners at each institution and limits on the number of prisoners system-wide under s. 301.055, Stats. The limits may be exceeded in an emergency or disturbance situation. Given the dynamic nature of these potential capacities, department policy shall address requirements regarding the establishment and computation of system wide and each state prison limits and it shall address procedures by which it may exceed system wide and each state prison limits. The department may provide a single limit and procedure for the Wisconsin correctional center system.

DOC 302.05 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.06 DOC 302.06 Institution Security levels.

DOC 302.06(1) (1) The department shall classify all institutions as maximum, medium, or minimum security.

DOC 302.06(2) (2) Restrictive housing at any institution is considered maximum security.

DOC 302.06 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

subch. II of ch. DOC 302 Subchapter II — Inmate Classification

DOC 302.07 DOC 302.07 Applicability. This subchapter applies to all inmates who are serving a Wisconsin prison sentence or who are confined in institutions pursuant to an interstate correctional compact.

DOC 302.07 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.08 DOC 302.08 Inmate Custody. The department assigns an inmate custody classification during initial classification and reclassification processes using factors identified in s. DOC 302.11 to achieve all of the following:

DOC 302.08(1) (1) Enhance the safety and security of the public, staff, institutions, and inmates.

DOC 302.08(2) (2) Match inmate custody assignment to institution security assignment and department resources when possible.

DOC 302.08(3) (3) Regulate the supervision and movement of inmates among institutions and between institutions and community programs.

DOC 302.08 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.09 DOC 302.09 Custody levels. Based on the result of an assessment of the inmate’s risk under the initial classification or reclassification process, an inmate is classified under one of the following custody classification levels:

DOC 302.09(1) (1) Maximum custody requires very close monitoring of inmate conduct, behavior, and activities.

DOC 302.09(2) (2) Medium custody requires moderate monitoring of inmate conduct, behavior, and activities.

DOC 302.09(3) (3) Minimum custody requires general monitoring of inmate conduct, behavior, and activities inside the institution and permits placement outside the confines of the institution.

DOC 302.09(4) (4) Community custody requires limited monitoring of inmate conduct, behavior, and activities. This classification is used for the following activities:

DOC 302.09(4)(a) (a) Work or study release under ch. DOC 324.

DOC 302.09(4)(b) (b) Off grounds work projects under the supervision of non-correctional staff under ch. DOC 325.

DOC 302.09(4)(c) (c) Driving institution vehicles under ch. DOC 325.

DOC 302.09(4)(d) (d) Leave for qualified inmates under ch. DOC 326.

DOC 302.09(4)(e) (e) Community residential confinement under ch. DOC 327.

DOC 302.09(4)(f) (f) Intensive sanctions under ch. DOC 333.

DOC 302.09 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.10 DOC 302.10 Relationship of inmate custody classification to institution security levels. An inmate’s custody classification shall be no greater than the designated security level of the institution in which the inmate is placed except for any of the following circumstances:

DOC 302.10(1) (1) Inmates housed in restrictive status housing.

DOC 302.10(2) (2) Inmates awaiting transfer.

DOC 302.10(3) (3) Inmates at institutions in which there is a declared emergency or disturbance.

DOC 302.10 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.11 DOC 302.11 Factors in assigning a custody classification. The department may consider any of the following factors when assigning inmate custody:

DOC 302.11(1) (1) The nature, number, and severity of each offense. In evaluating the nature and severity of an offense, the department may consider the following:

DOC 302.11(1)(a) (a) Potential of physical danger to another.

DOC 302.11(1)(b) (b) Harm done to the victim in the commission of the offense.

DOC 302.11(1)(c) (c) Whether the inmate exhibited physical aggressiveness that exposed another to harm.

DOC 302.11(1)(d) (d) Aggravating or mitigating factors in the commission of the offense.

DOC 302.11(1)(e) (e) Motivation for the offense.

DOC 302.11(2) (2) Length of sentence being served.

DOC 302.11(3) (3) Length of time in a particular custody classification, overall time served during the current period of incarceration, and time remaining to serve.

DOC 302.11(4) (4) Attitude regarding the offense and sentence.

DOC 302.11(5) (5) Criminal record and juvenile delinquency adjudications.

DOC 302.11(6) (6) Conduct and adjustment during current or prior confinements or community supervision.

DOC 302.11(7) (7) Record of escape or walk away from an institution or a mental health facility or absconding from probation, parole, or extended supervision.

DOC 302.11(8) (8) Security threat group incidents, activities, or affiliations.

DOC 302.11(9) (9) Gender.

DOC 302.11(10) (10) Age.

DOC 302.11(11) (11) Medical, dental, and mental health status, including physical or psychological treatment and observation.

DOC 302.11(12) (12) Risk to a victim, witness, general public, or inmate. In determining this risk, the department may consider the general public’s perception of the offense and the inmate.

DOC 302.11(13) (13) Performance or refusal to participate in programs, treatment, or services associated with identified needs.

DOC 302.11(14) (14) Pending legal process, notification, or detainer.

DOC 302.11(15) (15) Parole commission actions, their stated expectations, and the likelihood of a release during the review period.

DOC 302.11(16) (16) History or characteristics of predatory behavior towards others.

DOC 302.11(17) (17) History or characteristics of vulnerability to hurt or harm by others.

DOC 302.11(18) (18) The results of assessments or instruments developed to assist with the assignment of custody classification.

DOC 302.11 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.12 DOC 302.12 Requirements for assigning minimum or community custody to an inmate serving a life sentence. An inmate serving a life sentence shall have reached parole eligibility under s. 304.06 (1), Stats., or be within 5 years of extended supervision eligibility under s. 973.014, Stats., prior to consideration for a minimum or community custody classification.

DOC 302.12 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.13 DOC 302.13 Program need assignment.

DOC 302.13(1) (1) The department may assign program needs during initial classification and reclassification processes to achieve all of the following:

DOC 302.13(1)(a) (a) Enhancement of safety and security of the public, staff, institutions, and inmates.

DOC 302.13(1)(b) (b) Reduction of the inmate’s risk of reoffending.

DOC 302.13(1)(c) (c) Successful community reentry.

DOC 302.13(2) (2) The department may consider any of the following in assigning program needs:

DOC 302.13(2)(a) (a) Factors under s. DOC 302.11.

DOC 302.13(2)(b) (b) The results of assessments and screening instruments developed to assist with the identification of program needs.

DOC 302.13(2)(c) (c) The inmate’s past performance in or compliance with programs.

DOC 302.13(2)(d) (d) Federal or state law requirements.

DOC 302.13 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.14 DOC 302.14 Program enrollment.

DOC 302.14(1) (1) Unless otherwise specified by policies of the department or by state and federal law, inmates shall be considered for program enrollment if all of the following conditions are met: