Chapter DOC 324

DOC 324.03(7) (7) “Warden” means the warden at a correctional institution, or designee.

DOC 324.03(8) (8) “Work release” means a program authorized under s. 303.065, Stats., that grants to selected inmates the privilege of leaving the confines of state correctional facilities to participate in employment programs. The term “work release” applies only to placements for employment.

DOC 324.03(9) (9) “Work release coordinator” means the person designated to perform the duties enumerated in this chapter for work release or study release, or designee.

DOC 324.03 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, February, 1987, No. 374, eff. 3-1-87; am. (intro.), r. and recr. (1) and (2), r. (4) and (10), renum. (5) to (9) and (11) to be (4) to (9) and am. (4), (6) and (11) and r. and recr. (7), Register, September, 1997, No. 501, eff. 10-1-97; CR 17-026: r. and recr. (4), Register June 2018 No. 750 eff. 7-1-18.

DOC 324.04 DOC 324.04 Eligibility to apply for work or study release status. To be eligible to apply for work or study release status an inmate shall meet the following criteria:

DOC 324.04(1) (1) Reside in a minimum security facility and have a community custody classification as described in s. DOC 302.09 (4).

DOC 324.04(2) (2) Have reached parole eligibility as defined in s. 304.06 (1), Stats., if serving a life sentence.

DOC 324.04(3) (3) Wait, if required, before regaining eligibility, if prior work or study release has been terminated under s. DOC 324.13 for misconduct.

DOC 324.04(4) (4) Not have a record of escape or attempted escape for one year from the date the judgment is entered or a finding of guilt under ch. DOC 303 is entered.

DOC 324.04 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, February, 1987, No. 374, eff. 3-1-87; am. (1), Register, September, 1990, No. 417, eff. 10-1-90; r. and recr., Register, September, 1997, No. 501, eff. 10-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 17-026: am. (1), Register June 2018 No. 750 eff. 7-1-18.

DOC 324.05 DOC 324.05 Procedure for application and approval.

DOC 324.05(1) (1) An inmate meeting eligibility criteria under s. DOC 324.04 may apply for work or study release status to the institution social worker or any designated staff member.

DOC 324.05(2) (2) The social worker or designated staff member shall review the inmate’s application and shall report on the inmate’s eligibility to the warden or superintendent where the inmate is assigned.

DOC 324.05(3) (3) The inmate shall be approved for work or study release status by the warden or superintendent before any further placement efforts can be undertaken.

DOC 324.05(4) (4) The criteria set forth under ss. DOC 302.11 and 302.14 shall be considered in making the decision to approve or deny the inmate’s application for work or study release.

DOC 324.05(5) (5) The warden or superintendent shall notify the work release coordinator of the approval of the application for work or study release.

DOC 324.05 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, February, 1987, No. 374, eff. 3-1-87; am. (1) to (3), r. and recr. (4) and (5), r. (6), (7) and (8), Register, September, 1997, No. 501, eff. 10-1-97; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

DOC 324.06 DOC 324.06 Placement procedure.

DOC 324.06(1) (1) Upon approval for the program, the inmate shall meet with the work release coordinator to complete the application process. The application process shall include, in accordance with s. DOC 324.09, information about the inmate’s financial obligations. If the application is for study release, the inmate shall apply for benefits as required under s. DOC 324.09 (1).

DOC 324.06(2) (2) Upon receiving notification, the work release coordinator and appropriate staff shall, under s. DOC 324.09 (2), investigate the inmate’s financial obligations and attempt to place the inmate in accordance with the requirements of s. DOC 324.07 or 324.08.

DOC 324.06(3) (3) Before placement, the work release coordinator shall advise the employers or appropriate school administrators of their responsibilities to the inmates and the program. For placement in a contract facility, the director of the contract facility must consent in advance to accept the inmate. Withdrawal of the consent terminates the placement. Determination of the costs and method of payment for room and board must be arranged prior to placement at the location.

DOC 324.06(4) (4) When a suitable placement is available for an inmate, the work release coordinator shall explain to the inmate the rules of work or study release and complete the forms necessary to implement the placement.

DOC 324.06(5) (5) Before an inmate begins a work or study release placement, the work release coordinator shall give the department’s division of program services and the state correctional facility social worker the following information:

DOC 324.06(5)(a) (a) Date placement is to begin.

DOC 324.06(5)(b) (b) Site of placement or contract facility, if any.

DOC 324.06(5)(c) (c) Hours the inmate will be on the placement site.

DOC 324.06(5)(d) (d) Type of work or study program.

DOC 324.06(5)(e) (e) Rate of pay or amount of financial aid.

DOC 324.06(5)(f) (f) Other information that may be required to prepare for the placement.

DOC 324.06 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (6) and (7), (8) renum. from HSS 324.15 and am., Register, February, 1987, No. 374, eff. 3-1-87; am. (1), (2), r. (3), (7) and (8), renum. (4) and (6) to be (3) and (5) and am. (3) and (5) (a) to (e) and r. and recr. (4), Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.07 DOC 324.07 Placement in work release. The following requirements apply to all placements in work release:

DOC 324.07(1) (1) The inmate shall have a confirmed job offer.

DOC 324.07(2) (2) Financial compensation shall be comparable to that of other workers employed in similar positions by the same employer.

DOC 324.07(3) (3) No inmate may be placed with a relative or in a private home or any place where a potential conflict exists.

DOC 324.07(4) (4) The placement is not effective until the inmate actually begins working on the job.

DOC 324.07 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (1), r. (2), renum. (3) to (6) to be (2) to (5), Register, February, 1987, No. 374, eff. 3-1-87; am. (1), r. (3), renum. (4) and (5) to be (3) and (4) and am. (3), Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.08 DOC 324.08 Placement in study release. The following requirements apply to all study release placements:

DOC 324.08(1) (1) Before placement, the inmate shall be accepted for enrollment at the school. All financial arrangements shall be agreed upon by the inmate and the state correctional facility.

DOC 324.08(2) (2) The warden or superintendent shall determine the length of time of the placement and may extend that time period. Study release placements shall be for the same length of time as the educational program unless there is good cause for a different length of time.

DOC 324.08(3) (3) The placement is not effective until the first day of scheduled class attendance.

DOC 324.08 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register, February, 1987, No. 374, eff. 3-1-87; am. (2), r. (3), renum. (4) to be (3), Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.09 DOC 324.09 Inmate funds.

DOC 324.09(1) (1) Under s. DOC 324.06 (1), during the application process for work or study release, each inmate shall list all financial obligations. Inmates approved for study release shall apply for all benefits to which they are entitled as a result of placement in an educational or training program.

DOC 324.09(2) (2) Appropriate department personnel shall investigate and determine the following:

DOC 324.09(2)(a) (a) Cost of the inmate’s food and clothing in the placement assigned.

DOC 324.09(2)(b) (b) Cost of an educational placement, including but not limited to tuition and books.

DOC 324.09(2)(c) (c) Necessary travel expenses to and from the placement and other incidental expenses.

DOC 324.09(2)(d) (d) Support obligations for the inmate’s dependents.

DOC 324.09(2)(e) (e) Reasonable room charges as determined by the department.

DOC 324.09(2)(f) (f) Financial obligations set by a court judgment and debts acknowledged in writing by the inmate.

DOC 324.09(3) (3) The inmate shall sign an agreement acknowledging the department’s authority to disburse funds earned while on work release or funds received for study release in accordance with s. 303.065 (5), Stats. Refusal to sign shall make an inmate ineligible for participation.

DOC 324.09(4) (4) The state correctional facility business manager shall disburse money received as wages or educational benefits in the following order:

DOC 324.09(4)(a) (a) For board including food and clothing for the inmate, any fee charged under s. 301.135, Stats., plus, if the inmate is on study release, tuition, books, fees, tools, and other supplies or, if the inmate is on work release, work related expenses.

DOC 324.09(4)(b) (b) Necessary travel expense to and from the placement and other incidental expenses of the inmate.

DOC 324.09(4)(c) (c) Payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats.

DOC 324.09(4)(d) (d) Payment of the deoxyribonucleic acid analysis surcharge under s. 973.046 (4), Stats.

DOC 324.09(4)(e) (e) Support of the inmate’s dependents, if any.

DOC 324.09(4)(f) (f) A reasonable room charge as determined by the department.

DOC 324.09(4)(g) (g) After investigation under sub. (2), payment, either in full or proportionately, of the inmate’s obligations that were acknowledged by the inmate in writing or that have been reduced to judgment.

DOC 324.09(4)(h) (h) Wages to the inmates on work or study release until the current canteen limit under s. DOC 309.52 (1) (b) is reached. Unspent money shall be deposited in the inmate’s general account. Before releasing an inmate to field supervision, the releasing institution shall inform the parole agent of the balances in the inmate’s general account under s. DOC 309.49, release account under s. DOC 309.466 and segregated account under s. DOC 309.50. The agent shall instruct the institution business manager as to where these balances shall be transferred and as to disbursement of work or study release funds from general and segregated accounts.

DOC 324.09(5) (5) Books, tools, supplies, and other items necessary for study release purchased with the inmate’s funds remain the inmate’s property.

DOC 324.09(6) (6) The institution business manager shall establish a separate account for each inmate and make disbursements under sub. (4) and s. 303.065 (5), Stats. All paychecks from work release and funds received for study release shall be sent to the institution business manager unless the work release coordinator approves other arrangements.

DOC 324.09 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (4), Register, February, 1987, No. 374, eff. 3-1-87; am. (2) (a) to (e), (4) (a) to (c), (5) renum. to be (4) (d) to (g) to be (4) (e) to (h) and am., cr. (4) (d), Register, September, 1997, No. 501, eff. 10-1-97; corrections in (4) (h) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545.

DOC 324.10 DOC 324.10 Transportation.

DOC 324.10(1) (1) All transportation arrangements between a state correctional facility and a work or study placement require approval by the warden or superintendent, of the state correctional facility to which the inmate is assigned. All vehicles transporting inmates shall be insured.

DOC 324.10(2) (2) The following means of transportation may be used:

DOC 324.10(2)(a) (a) Institution vehicles.

DOC 324.10(2)(b) (b) Public carriers.

DOC 324.10(2)(c) (c) Approved vehicles driven by members of the public.

DOC 324.10(3) (3) Inmates on work release shall pay the cost of transportation to and from the work site. If the department provides transportation, it may assess a reasonable charge.

DOC 324.10 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. Register February, 1987, No. 374, eff. 3-1-87; am. (1), r. (2) and (3) (d), renum. (3) (intro.), (a) to (c) to be (2) (intro.) (a) to (c), (4) to be (3) and am., Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.11 DOC 324.11 Custody. Inmates placed in work or study release remain in the legal custody of the department.

DOC 324.11 Note Note: Since inmates are in the custody of the department at all times, a failure to report to or return from the placement site is an escape under s. 946.42 (3), Stats.

DOC 324.11 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am., Register, September, 1997, No. 501, eff. 10-1-97.

DOC 324.12 DOC 324.12 Inmate conduct on work and study release.

DOC 324.12(1) (1) The following provisions apply to inmate conduct on work and study release and shall be included as part of the work release and study release agreements:

DOC 324.12(1)(a) (a) Inmates shall not leave the immediate confines of the placement site or the assigned designated area.

DOC 324.12(1)(b) (b) Inmates shall not possess weapons or possess or use any form of alcohol, marijuana, narcotics, or drugs except as authorized and directed by a physician.

DOC 324.12(1)(c) (c) Inmates shall abide by all the rules of the employer or the educational or training facility to which they are assigned.

DOC 324.12(1)(d) (d) Inmates shall not send or receive personal letters or property and shall not make or receive personal telephone calls at the placement site unless authorized by the warden or superintendent. Personal visits are not permitted at the placement site.

DOC 324.12(1)(e) (e) Inmates shall not enter into contracts or agreements without prior approval by the warden or superintendent. Prohibited contracts include but are not limited to: purchases of property, time payments, and marriage.

DOC 324.12(1)(f) (f) The inmate may not remove any tools, equipment, or shop-built items from the state correctional facility or bring any such item into the state correctional facility without the prior approval of the warden or superintendent.

DOC 324.12(1)(g) (g) Money shall be considered contraband unless authorized in advance by the warden or superintendent for incidental expenses.

DOC 324.12(1)(h) (h) Inmates shall use only the transportation authorized under s. DOC 324.10.

DOC 324.12(1)(i) (i) Inmates shall abide by these administrative rules, the specific policies and procedures of the institution to which they are assigned.

DOC 324.12(1)(j) (j) Failure to report or return from a work or study placement may be referred for prosecution as an escape under s. 946.42 (3), Stats., and may be administratively charged with an escape under s. DOC 303.26.

DOC 324.12(1)(k) (k) An inmate may not remain on work or study release if a medical or psychological problem of the inmate would go untreated.

DOC 324.12(2) (2) The following additional requirements apply only to study release and shall be included in the study release agreement:

DOC 324.12(2)(a) (a) Inmates shall attend all regularly scheduled classes even if the instructor does not require attendance. The warden or superintendent must approve all schedules and schedule changes.