Chapter DOC 313

DOC 313.06 DOC 313.06 Application and approval.

DOC 313.06(1) (1) An inmate may apply for a position in a prison industry that is available at the institution in which the inmate resides. The application may include an inmate’s preference for a position.

DOC 313.06(2) (2) The industries supervisor or designee shall do all of the following:

DOC 313.06(2)(a) (a) Interview inmate applicants for specific positions under the industries supervisor’s supervision.

DOC 313.06(2)(b) (b) Consider the following criteria in the selection of an inmate employee:

DOC 313.06(2)(b)1. 1. Education requirements.

DOC 313.06(2)(b)2. 2. Attitude and willingness to learn.

DOC 313.06(2)(b)3. 3. Experience and training.

DOC 313.06(2)(b)4. 4. Physical or mental ability to perform the essential functions of the position, with or without reasonable accommodations.

DOC 313.06(2)(b)5. 5. Past employment record with prison industries or other institution work experience.

DOC 313.06(2)(b)6. 6. Documented security concerns, including assaultive history

DOC 313.06(2)(b)7. 7. Sentence structure.

DOC 313.06(2)(c) (c) Select a qualified inmate applicant consistent with established requirements.

DOC 313.06 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.07 DOC 313.07 Probationary period.

DOC 313.07(1) (1) Inmates hired by prison industries shall serve a probationary period during which the inmate’s employment may be terminated under s. DOC 313.11 (1) (a) or (b).

DOC 313.07(2) (2) Inmate employees shall not receive incentive pay during their original probationary period.

DOC 313.07(3) (3) The duration of the probationary period for any position shall be established by prison industries management so as to provide adequate time for the average inmate employee to learn the duties of the position.

DOC 313.07(4) (4) The industries supervisor may extend the probationary period for an additional 30 days if the inmate employee has not demonstrated satisfactory performance but can reasonably be expected to attain satisfactory performance.

DOC 313.07 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.08 DOC 313.08 Performance evaluation.

DOC 313.08(1) (1) The industries supervisor shall evaluate each inmate employee’s performance as often as required to ensure the inmate employee is meeting performance and productivity expectations. The evaluation shall be written and include the specific skills and expectations of the position.

DOC 313.08(2) (2) An evaluation shall be completed upon completion of probation, at regular intervals, prior to any pay rate change and upon termination.

DOC 313.08(3) (3) The criteria to be used in evaluating inmate employees shall include all of the following:

DOC 313.08(3)(a) (a) Quality of performance of assigned duties.

DOC 313.08(3)(b) (b) Productivity level.

DOC 313.08(3)(c) (c) Initiative.

DOC 313.08(3)(d) (d) Attitude.

DOC 313.08(3)(e) (e) Contributions beyond usual job duties.

DOC 313.08(3)(f) (f) Improvement in the criteria listed in this subsection.

DOC 313.08(4) (4) The industries supervisor or designee shall meet with the inmate employee as part of the evaluation process to discuss the inmate employee’s performance.

DOC 313.08(5) (5) If an inmate employee’s evaluation indicates performance below expectations, the industries supervisor shall meet with the inmate employee to address the performance problem.

DOC 313.08(6) (6) Copies of the inmate employee evaluation shall be distributed to the inmate employee, the industries supervisor, and the social services file.

DOC 313.08 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.09 DOC 313.09 Work rules. The industries director has the authority to establish work rules applicable to inmate employees.

DOC 313.09 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.10 DOC 313.10 Discipline. Chapter DOC 303 applies to all inmate employees. Prison industries staff shall report rule violations in accordance with ch. DOC 303.

DOC 313.10 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.11 DOC 313.11 Termination and removal.

DOC 313.11(1) (1) Inmate employees may be terminated or removed from prison industries work for any of the following reasons:

DOC 313.11(1)(a) (a) Voluntary. An inmate employee may voluntarily remove himself or herself from employment with prison industries at any time, with approval of the industries supervisor.

DOC 313.11(1)(b) (b) During the probationary period. An industries supervisor may terminate an inmate employee’s employment during probation because of performance, conduct, or for any other reason deemed appropriate by the industries supervisor.

DOC 313.11(1)(c) (c) Discipline violation. An industries supervisor may terminate an inmate’s employment for violations under s. DOC 313.09 and ch. DOC 303.

DOC 313.11(1)(d) (d) Inadequate performance. An inmate employee may be terminated for inadequate performance as determined by an evaluation made under s. DOC 313.08.

DOC 313.11(1)(e) (e) Layoff. An inmate employee may be removed due to a reduction in work force in accordance with s. DOC 313.16.

DOC 313.11(1)(f) (f) Unable to work. An inmate employee who is determined to be unable to work due to a health condition by a department health care professional may be removed from employment if the health condition exceeds 30 days.

DOC 313.11(1)(g) (g) Transfer or release. An industries supervisor shall remove an inmate employee from employment upon transfer to another institution or release to the community.

DOC 313.11(1)(h) (h) Security and safety. The industries director may terminate an inmate employee who is perceived to be a threat to security or safety.

DOC 313.11(1)(i) (i) Exceeds period of work assignment. Industries supervisor may terminate an inmate employee after meeting work assignment time periods established by the industries director.

DOC 313.11(2) (2) An industries supervisor shall document all of the following information when an inmate employee is terminated or removed:

DOC 313.11(2)(a) (a) Name of inmate employee.

DOC 313.11(2)(b) (b) Date of termination or removal.

DOC 313.11(2)(c) (c) Shop name.

DOC 313.11(2)(d) (d) Supervisor’s name.

DOC 313.11(2)(e) (e) Reason for termination or removal.

DOC 313.11 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.12 DOC 313.12 Compensation.

DOC 313.12(1) (1) Except as provided in subs. (4) to (7), inmate employees shall be paid for actual hours worked.

DOC 313.12(2) (2) Each inmate employee shall be paid a base wage established by the industries director. Pay adjustments based on prison industries written policy may be added to the original base wage.

DOC 313.12(3) (3) Overtime pay at the rate of one and one-half times the base wage shall be given to inmate employees for hours worked in excess of 40 hours per week.

DOC 313.12(4) (4) Inmate employees shall be paid at the institution rate for involuntary unassigned for the regular scheduled hours if there is a temporary layoff under s. DOC 313.16.

DOC 313.12(5) (5) When an inmate employee is injured in the performance of job duties and is unable to work, the inmate shall continue to receive the same base wage until the inmate employee returns to work or is terminated or removed under s. DOC 313.11.

DOC 313.12(6) (6) An inmate employee shall be paid at the inmate employee’s current base wage for all hours absent from work when removed pending investigation or placement into TLU status unless terminated or removed under s. DOC 313.11.

DOC 313.12(7) (7) Inmate employees may be paid piece-rate wages.

DOC 313.12 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; corrections in (5), (6) made under s. 13.92 (4) (b) 7., Stats., Register February 2018, No. 746.

DOC 313.13 DOC 313.13 Work day.

DOC 313.13(1) (1) The industries director shall establish the regular work day for full-time, part-time, and temporary positions.

DOC 313.13(2) (2) An inmate employee may not be absent from the worksite during work hours unless the industries supervisor approves the absence. The industries supervisor may approve absences for necessary programming that cannot be scheduled during non-work hours.

DOC 313.13 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.14 DOC 313.14 Inmate employee labor unions. Inmate employee labor unions are prohibited.

DOC 313.14 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.15 DOC 313.15 Equal opportunity.

DOC 313.15(1) (1) Prison industries shall promote equal employment opportunity through programs and practices.

DOC 313.15(2) (2) Prison industries shall strive to achieve an inmate work force that reflects the racial composition of the population of the employing institution.

DOC 313.15(3) (3) Prison industries shall gather and monitor racial information from its employing units on a quarterly basis and direct action as necessary.

DOC 313.15(4) (4) Prison industries shall strive to provide parity in employment opportunities for male and female inmates.

DOC 313.15 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.16 DOC 313.16 Shutdown and layoff.

DOC 313.16(1) (1) The industries director has the authority to lay off inmate employees when necessary due to business conditions.

DOC 313.16(2) (2) If a layoff is for a period of ten consecutive working days or fewer, the affected inmate employee shall receive the institution involuntary unassigned pay for the regular scheduled hours during the layoff period.

DOC 313.16(3) (3) If an inmate employee on layoff has not been reemployed after ten consecutive working days, the inmate employee may be removed from employment.

DOC 313.16(4) (4) If the inmate employee is removed from employment under sub. (3) and called back to the same position within 60 calendar days following removal, the inmate employee shall return at the former base wage.

DOC 313.16 History History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.

DOC 313.17 DOC 313.17 Private sector prison industry enhancement certification programs. Prison industries programs certified by the federal private sector prison industry enhancement certification program (PSPIEC) under 18 USC 17.61 (c) and operating under the authority of s. 303.06 (2), Stats., are not subject to s. DOC 313.07 but are subject to all of the following:

DOC 313.17(1) (1) Each inmate employee working in a PSPIEC program shall be paid a wage comparable to that paid in the private sector for work of a similar nature in the locality in which the prison industry is located or, as a minimum, the federal minimum wage.

DOC 313.17(2) (2) Overtime hours shall be compensated for in accordance with the Fair Labor Standards Act, 29 USC 201.

DOC 313.17(3) (3) An inmate employee injured in the performance of job duties shall receive injury compensation pay in an amount equal to the amount the inmate employee would have received had the inmate employee worked during the inmate’s recuperation.

DOC 313.17(4) (4) The regular work schedule for PSPIEC programs shall be as close to 40 hours per week as possible based on institution schedules and prison industries workload.

DOC 313.17(5) (5) An inmate employee who has been laid off and is called back to the same position within 60 calendar days shall return at the inmate employee’s former wage rate. If the inmate employee is called back to a different position, the inmate employee shall receive an appropriate wage for the duties being performed.