Chapter DOC 302

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:

DOC 302.14(1)(a) (a) A need has been identified that will be addressed by the program.

DOC 302.14(1)(b) (b) The inmate attains the custody assignment required for placement at the site where the program is available.

DOC 302.14(1)(c) (c) There is space available in the program.

DOC 302.14(1)(d) (d) The inmate meets the department’s program enrollment requirements.

DOC 302.14(2) (2) An inmate may choose not to enroll in programs. Refusal may affect custody classification and institution placement.

DOC 302.14 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.15 DOC 302.15 Initial classification and reclassification personnel.

DOC 302.15(1) (1) Initial classification hearings shall be conducted by a classification specialist designated by the director.

DOC 302.15(2) (2) Each institution shall have a reclassification committee composed of all of the following:

DOC 302.15(2)(a) (a) A classification specialist designated by the director to chair the committee.

DOC 302.15(2)(b) (b) Up to 3 staff members from institution security, social service or education areas who are designated by the warden and who possess the knowledge and experience necessary to fulfill the responsibilities of this section.

DOC 302.15 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.16 DOC 302.16 Initial classification procedure.

DOC 302.16(1) (1) An initial classification hearing shall be conducted after the inmate’s admission to DAI to determine custody, institution placement, program need, and the date of the next reclassification hearing.

DOC 302.16(2) (2) The director may alter the scope, purpose, and duration of the initial classification process to meet security, resource, or bed needs of the department.