Chapter DOC 302

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.

DOC 302.17(4)(b) (b) Completion of the requirements under sub. (3).

DOC 302.17(4)(c) (c) The inmate has been afforded an opportunity to provide information about custody, program need, or institution placement.

DOC 302.17(4)(d) (d) Review of information obtained in sub. (3).

DOC 302.17(4)(e) (e) The inmate has been advised of the reclassification hearing recommendation regarding custody classification, program needs, institution placement and next reclassification hearing date.

DOC 302.17(4)(f) (f) Production of a report that includes all of the following:

DOC 302.17(4)(f)1. 1. A reason for the inmate’s absence if not present during the hearing.

DOC 302.17(4)(f)2. 2. A reason for the hearing and the facts considered.

DOC 302.17(4)(f)3. 3. The reclassification hearing staff comments regarding custody, program need, and institution placement.

DOC 302.17(4)(f)4. 4. Documentation of information used to evaluate and support risk and need factors under ss. DOC 302.11 and 302.13.

DOC 302.17(4)(f)5. 5. A recommendation of custody classification, program needs, and institution placement.

DOC 302.17(4)(f)6. 6. A recommended date for a reclassification hearing not to exceed 12 months from the date of the classification hearing.

DOC 302.17(5) (5) A change in an inmate’s custody or institution placement requires a unanimous recommendation by the reclassification committee. If the committee cannot reach an unanimous recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

DOC 302.17(6) (6) A recommendation for program need assignment requires a majority consent by the reclassification committee. If the committee cannot reach a majority recommendation, the classification specialist shall refer the case to the classification sector chief and the warden for a recommendation. If the classification sector chief and the warden cannot reach a unanimous recommendation, the classification sector chief shall refer the case to the director for decision.

DOC 302.17(7) (7) The classification specialist may suspend a hearing to investigate any issue affecting custody classification, institution placement, or program need.

DOC 302.17(8) (8) If an inmate is unable to be physically present for the interview under sub. (3) (c) or the hearing under sub. (4), the department may utilize technology such as telephone, video, or other electronic devices to meet the requirements of this section.

DOC 302.17(9) (9) If the inmate disrupts or refuses to attend the hearing, the classification specialist may conduct the hearing without the inmate being present.

DOC 302.17(10) (10) The director shall review recommended custody, institution placement and changes, 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 302.17(11) (11) The department shall provide the inmate a written copy of the reclassification decision concerning custody, institutional placement, and date of next reclassification hearing.

DOC 302.17(12) (12) The inmate shall be advised under sub. (11) 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 302.17(13) (13) When a significant change affecting custody, program need, or institution placement occurs, any of the following may make a request for a reclassification hearing prior to the date set by the last classification hearing:

DOC 302.17(13)(a) (a) Director.

DOC 302.17(13)(b) (b) Warden or superintendent.

DOC 302.17(13)(c) (c) Hearing officer under s. DOC 303.65 (5).

DOC 302.17(13)(d) (d) Assigned social worker.

DOC 302.17(13)(e) (e) Inmate with a request through the assigned social worker submitted on a form provided by the department.

DOC 302.17(14) (14) The classification specialist will approve or deny requests submitted under sub. (13) (d) or (e).

DOC 302.17 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.18 DOC 302.18 Subsequent action.

DOC 302.18(1) (1) The director may modify a classification decision made under s. DOC 302.16 or DOC 302.17, without a re-hearing, due to subsequent changes in inmate security needs, program needs, treatment needs, DOC resources, or resulting from an administrative review under s. DOC 302.19.

DOC 302.18(2) (2) The department shall provide the inmate a written copy of the modified classification decision.

DOC 302.18 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.19 DOC 302.19 Administrative review of a classification decision.

DOC 302.19(1) (1) Within 10 calendar days of an inmate’s receipt of a written decision concerning custody, institution placement, or program need, the inmate may request a review of the decision made under s. DOC 302.16 (7), 302.17 (10), or 302.18 if the inmate believes that the decision was based on erroneous information.

DOC 302.19(2) (2) Denial of a request for a classification review under s. DOC 302.17 (14) is not subject to review under this section.

DOC 302.19(3) (3) Requests for review under this section shall meet all of the following requirements:

DOC 302.19(3)(a) (a) The request shall be submitted on an administrative review form provided by the department.

DOC 302.19(3)(b) (b) The request shall be legibly handwritten or typed.

DOC 302.19(3)(c) (c) The request shall be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.

DOC 302.19(3)(d) (d) The request shall include the original inmate signature.

DOC 302.19(3)(e) (e) The request shall not exceed 500 words total and not exceed two pages.

DOC 302.19(3)(f) (f) The request shall provide relevant supporting documentation that may be accepted at the discretion of the director.

DOC 302.19(4) (4) The review shall be completed by one of the following:

DOC 302.19(4)(a) (a) The director if the director is not the decision maker under s. DOC 302.16 (7) or 302.17 (10).

DOC 302.19(4)(b) (b) The division administrator if the director was the decision maker under s. DOC 302.16 (7) or 302.17 (10).

DOC 302.19(5) (5) The director or administrator shall issue a written decision within a reasonable period of time following receipt of the administrative review request. The department shall provide the inmate a written copy of the decision.

DOC 302.19(6) (6) The decision under sub. (5) is final.

DOC 302.19 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.20 DOC 302.20 Transfers.

DOC 302.20(1) (1) The director may transfer an inmate to any institution or location authorized by the department under any of the following circumstances:

DOC 302.20(1)(a) (a) As a permanent or temporary placement under s. DOC 302.16, 302.17, or 302.18.

DOC 302.20(1)(b) (b) As a temporary placement due to a medical, dental, mental health need.

DOC 302.20(1)(c) (c) As a temporary placement due to an emergency.

DOC 302.20(2) (2) Under ch. DOC 325, a warden may transfer an inmate to any institution or location authorized by the department as a temporary placement to address clinical, medical or security concerns that exceed the resources of the sending institution.

DOC 302.20(3) (3) If the prior permanent placement needs to be re-evaluated following a transfer under sub. (1) (b) or sub. (2) a reclassification hearing shall be conducted within 21 working days of a ch. DOC 303 conduct report disposition.

DOC 302.20(4) (4) If the prior permanent placement needs to be re-evaluated following a transfer under sub. 1 or sub. 2, a reclassification hearing shall be conducted within 45 working days of the transfer for clinical of medical reasons.

DOC 302.20 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

DOC 302.21 DOC 302.21 Recordkeeping. The director, classification sector chief, or a classification specialist may document information concerning an inmate between regularly scheduled classification hearings regarding any of the following:

DOC 302.21(1) (1) Program or treatment assignments.

DOC 302.21(2) (2) Progress of program or treatment assignment.

DOC 302.21(3) (3) Physical health.

DOC 302.21(4) (4) Mental health.

DOC 302.21(5) (5) Conduct and adjustment.

DOC 302.21(6) (6) Placement.

DOC 302.21(7) (7) Custody level.

DOC 302.21 History History: CR 17-026: cr., Register June 2018 No. 750 eff. 7-1-18.

subch. III of ch. DOC 302 Subchapter III — Sentence and Release Provisions

DOC 302.22 DOC 302.22 Sentence computation.

DOC 302.22(1) (1) Timeliness. Within a reasonable time frame after an inmate arrives at a correctional institution following sentencing, revocation of probation, discretionary parole, mandatory release parole, extended supervision, return from escape, or staff becomes aware of a change, records staff shall compute the inmate’s parole eligibility date, projected release date, and projected discharge date and inform the inmate in writing of these dates.

DOC 302.22(2) (2) Determination of parole eligibility date. For persons sentenced for offenses committed before December 31, 1999, or after December 31, 1999 but sentenced to a non-bifurcated sentence, the inmate’s eligibility for discretionary parole will be determined under s. 304.06, Stats., subject to all of the following:

DOC 302.22(2)(a) (a) An inmate serving a life sentence shall be eligible for parole based on one of the following:

DOC 302.22(2)(a)1. 1. If the inmate is not subject to 1983 Wis. Act 528, 1997 Wis. Act 283, or 2001 Wis. Act 109, the inmate is eligible for parole after serving 11 years and 3 months. This period may be extended for misconduct by loss of earned good time under s. DOC 303.72.

DOC 302.22(2)(a)2. 2. If the inmate is subject to 1983 Wis. Act 528 and has been ordered eligible for parole by the court, the inmate is eligible for parole after serving 13 years and 4 months or at a later date ordered by the court. This period may be extended for loss of good time under s. DOC 303.72.

DOC 302.22(2)(b) (b) An inmate not serving a life sentence shall be eligible for parole based on one of the following:

DOC 302.22(2)(b)1. 1. If the inmate committed a crime before November 3, 1983, the inmate shall be eligible for parole when 6 months, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.

DOC 302.22(2)(b)2. 2. If the inmate committed a crime on or after November 3, 1983, and was sentenced to a non-bifurcated sentence, the inmate shall be eligible for parole when 25% of the sentence imposed, or 6 months, whichever is greater, less all credit to which the inmate is entitled under s. 973.155, Stats., has been served.

DOC 302.22(2)(c) (c) An inmate is not eligible for parole consideration for at least 60 days following admission to DAI.

DOC 302.22(2)(d) (d) If an inmate has more than one sentence, the inmate shall be eligible for parole on each non-bifurcated sentence. If an inmate has received consecutive sentences, the non-bifurcated sentences shall be computed as one continuous sentence for purposes of determining the parole eligibility date.

DOC 302.22(2)(e) (e) An inmate serving a bifurcated sentence is not eligible for release on parole under that sentence.

DOC 302.22(3) (3) Determination of projected mandatory release date for an inmate serving a non-bifurcated sentence.