Chapter DOC 302

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.

DOC 302.16(3) (3) The classification specialist shall ensure all of the following:

DOC 302.16(3)(a) (a) Collection, investigation, and documentation of information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.

DOC 302.16(3)(b) (b) Completion of department required risk and need instruments.

DOC 302.16(3)(c) (c) The inmate has been informed of the reason for review.

DOC 302.16(3)(d) (d) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.

DOC 302.16(3)(e) (e) The inmate has been advised of the recommendation regarding custody classification, program needs, institution placement and next reclassification hearing date.

DOC 302.16(3)(f) (f) Production of a report that includes all of the following:

DOC 302.16(3)(f)1. 1. A reason for the inmate’s absence if not present during the hearing

DOC 302.16(3)(f)2. 2. A reason for the hearing and the facts considered.

DOC 302.16(3)(f)3. 3. A summary of the information gathered through pars. (a), (b), and (d).

DOC 302.16(3)(f)4. 4. Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.

DOC 302.16(3)(f)5. 5. A recommendation of custody, program needs, and institution placement.

DOC 302.16(3)(f)6. 6. A recommended date for a reclassification hearing not to exceed 12 months from the date of the initial classification hearing.

DOC 302.16(4) (4) The classification specialist may suspend the hearing to investigate any issue affecting custody classification, institution placement, or program need.

DOC 302.16(5) (5) If an inmate is unable to be physically present for an initial classification hearing, the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.

DOC 302.16(6) (6) If the inmate disrupts or refuses to attend the hearing, the classification specialist may conduct the hearing without the inmate being present.

DOC 302.16(7) (7) The director shall review recommended custody, program needs and institution placement, make the final decision, and ensure a date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

DOC 302.16(8) (8) The department shall provide the inmate a written copy of the initial classification decision concerning custody, institutional placement, and date of next reclassification hearing.

DOC 302.16(9) (9) The inmate shall be advised of the factors upon which the classification is based unless the department determines that release of such information would threaten the security of the prison system.

DOC 302.16 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.17 DOC 302.17 Reclassification procedure.

DOC 302.17(1) (1) Reclassification hearings shall be conducted by a reclassification committee to determine custody, institution placement, program need, and the date of the next reclassification hearing.

DOC 302.17(2) (2) The director may alter the scope, purpose, and duration of the reclassification process to meet security, resource, or bed needs of the department.

DOC 302.17(3) (3) Before a reclassification hearing is conducted, institution staff designated by the warden or superintendent shall do all of the following:

DOC 302.17(3)(a) (a) Collect, investigate and document information necessary to evaluate risk and need factors under ss. DOC 302.11 and 302.13.

DOC 302.17(3)(b) (b) Complete department required risk and need instruments.

DOC 302.17(3)(c) (c) Conduct an interview with the inmate that allows the inmate an opportunity to provide information about custody, program need, or institution placement.

DOC 302.17(3)(d) (d) Prepare a report for the reclassification hearing that includes all of the following:

DOC 302.17(3)(d)1. 1. The reason for the review and the facts being considered.

DOC 302.17(3)(d)2. 2. A summary of the information gathered through pars. (a), (b) and (d).

DOC 302.17(3)(d)3. 3. A recommendation of custody, program needs, and institution placement.

DOC 302.17(3)(d)4. 4. A statement as to whether the inmate wants to appear or waive attendance at the reclassification hearing.

DOC 302.17(4) (4) The classification specialist shall conduct a reclassification hearing that ensures all of the following:

DOC 302.17(4)(a) (a) The inmate has been informed of the reason for the review.