Chapter DOC 326

Ch. DOC 326 Note Note: Several of the sections in Ch. DOC 326 have explanatory notes. These notes can be found in the appendix following the last section.

DOC 326.01 DOC 326.01 Authority and applicability. This chapter is promulgated under the authority of s. 303.068 (5), Stats., and interprets s. 303.068, Stats. It applies to the department of corrections and to all inmates in the legal custody of the department. Community custody inmates may be permitted unescorted leaves under this chapter. Leaves under this chapter are distinguishable from temporary release of inmates with supervision which is regulated by ch. DOC 325, and from work and study release for inmates which is regulated by ch. DOC 324.

DOC 326.01 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.02 DOC 326.02 Purpose. This chapter provides for an eligible, community custody inmate to be considered for an unescorted leave from the institution.

DOC 326.02 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.03 DOC 326.03 Definitions. In this chapter:

DOC 326.03(1) (1) “Administrator” means the administrator of the division of adult institutions or the administrator of the division of community corrections, department of corrections.

DOC 326.03(2) (2) “Bureau of health services” means bureau of health services, department of corrections.

DOC 326.03(3) (3) “Close family member” means the inmate’s parent, child, spouse, grandparent, brother or sister. “Parent” includes a person who was previously acting as a parent, as defined in s. 822.02 (8), Stats., for the inmate.

DOC 326.03(4) (4) “Community custody” means that custody classification which permits inmates to participate in off-grounds activities.

DOC 326.03(5) (5) “Department” means the department of corrections.

DOC 326.03(6) (6) “History of assaultive behavior” means any prior arrests or charges for violent offenses, whether or not there was a conviction, and whether or not the offenses occurred inside or outside of the institution.

DOC 326.03(7) (7) “Leave agreement” means the written statement, signed by the inmate, by which the inmate agrees to accept the responsibilities that the privilege of the leave requires and agrees to abide by certain specified conditions of leave.

DOC 326.03(8) (8) “Leave for qualified inmates” or “leave” means the privilege of an unescorted, authorized absence from the institution for one of the verifiable purposes under s. DOC 326.02.

DOC 326.03(9) (9) “Serious illness” means a medical condition which is verified by a physician where death is imminent.

DOC 326.03(10) (10) “Superintendent” means the superintendent at a correctional center, or designee.

DOC 326.03(11) (11) “Violent offense” means a conviction for any offense in which there is actual or threatened bodily harm or any sexual offense.

DOC 326.03(12) (12) “Warden” means the warden at an institution, or designee.

DOC 326.03 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.04 DOC 326.04 Eligibility for leave application. To be eligible to apply for a leave, an inmate shall meet the following requirements:

DOC 326.04(1) (1) The inmate shall be housed in a minimum security facility as described in s. DOC 302.10, including contract facilities, and the inmate shall have a community custody status as defined in s. DOC 302.09 (4).

DOC 326.04(2) (2) The inmate shall be able to demonstrate one of the following needs:

DOC 326.04(2)(a) (a) To visit a close family member who is seriously ill.

DOC 326.04(2)(b) (b) To attend the funeral of a close family member.

DOC 326.04(2)(c) (c) To contact a legitimate, verified potential employer through a prearranged interview.

DOC 326.04(2)(d) (d) To screen for or diagnose or treat an injury, illness or disease, as pre-approved by the bureau of health services.

DOC 326.04(2)(e) (e) To visit a close family member to facilitate family reintegration and stability.

DOC 326.04(3) (3) The inmate shall not be confined, nor have a criminal conviction for a violent offense or a history of assaultive behavior.

DOC 326.04(4) (4) The inmate shall not be confined, nor have a criminal conviction for escape.

DOC 326.04(5) (5) The proposed leave is restricted to the state of Wisconsin.

DOC 326.04(6) (6) The proposed leave shall only be for a period of time necessary for the purpose of the leave, but no inmate may be granted a total of more than 3 leaves per calendar year and no leave may exceed 3 days exclusive of travel time unless an extension is granted, for cause, by the warden or superintendent.

DOC 326.04 History History: Cr. 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 326.05 DOC 326.05 Process for obtaining leave.

DOC 326.05(1) (1) The inmate or an employee on behalf of the inmate shall apply for a leave by submitting a completed, signed application and leave agreement.

DOC 326.05(2) (2) In completing these documents, the inmate shall be required to provide all necessary information, prove eligibility, and agree in advance to all conditions of the leave, including, but not limited to geographic and travel conditions, including travel routes and mode of transportation, the specific geographic confines within which the inmate is authorized to move, any other condition on movement, conduct or communication consistent with the intent of this chapter, and any urinalysis or breathalyzer tests, personal or strip searches by department staff or law enforcement personnel.

DOC 326.05(3) (3) The warden or superintendent shall designate a staff member to investigate and verify the application information according to the following procedure:

DOC 326.05(3)(a) (a) Verify that there are no outstanding detainers, pending charges, or revocations.

DOC 326.05(3)(b) (b) Verify the accuracy of the information in the application and the inmate’s eligibility under s. DOC 326.04. This investigation shall include contact with anyone who can verify the accuracy of the information in the application. If, upon investigation, the inmate is found ineligible, the staff member shall note the reason for the ineligibility on the application.

DOC 326.05(3)(c) (c) Notify the parole agent assigned to the inmate of the details of the approved leave.

DOC 326.05(3)(d) (d) Attempt to determine potential community reaction to the proposed leave, including, any input from the parole agent, local law enforcement authorities and district attorneys.

DOC 326.05(4) (4) The staff member designated under sub. (3) shall recommend approval or denial of the inmate’s application for an unescorted leave and shall refer the recommendation to approve or deny the leave to the warden or superintendent. If a recommendation to deny the unescorted leave is based on insufficient time for institution staff to investigate, review or process the application prior to the requested leave departure date, the staff member shall advise the inmate that he or she may apply for a temporary leave under supervision as provided in ch. DOC 325.

DOC 326.05(5) (5) The warden or superintendent shall review any recommendation and shall do either of the following:

DOC 326.05(5)(a) (a) Deny the leave.

DOC 326.05(5)(b) (b) Approve the leave, and impose conditions. The inmate shall sign a statement agreeing to the conditions as a prerequisite to leave being granted.

DOC 326.05 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.06 DOC 326.06 Review of denial of leave.

DOC 326.06(1) (1) An inmate may appeal the superintendent’s decision to the warden or the warden’s decision to the administrator in writing within 5 days of the date of the decision denying leave. This may be extended for good cause at the discretion of the warden or administrator.

DOC 326.06(2) (2) The warden or administrator shall issue a decision within 10 days of receiving the request.

DOC 326.06(3) (3) The warden’s or administrator’s decision to deny a leave is final.

DOC 326.06(4) (4) Complaints about procedural violations, but not the warden’s or administrator’s final decision, shall be reviewed within the inmate complaint system under ch. DOC 310.

DOC 326.06 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.07 DOC 326.07 Notification of local officials. Before an inmate is released on leave, the warden or superintendent shall notify the police chief of any community involved and the sheriff and district attorney of any county involved of the details of the approved leave.

DOC 326.07 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.08 DOC 326.08 Custody. An inmate granted leave remains in the legal custody of the institution from which the inmate has taken leave or to which the inmate is assigned.

DOC 326.08 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.09 DOC 326.09 Expenses. All direct expenses of a leave shall be the responsibility of the inmate.

DOC 326.09 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.10 DOC 326.10 Inmate conditions while on leave.

DOC 326.10(1) (1) An inmate shall travel to and from the leave destination by the approved method of transportation and route.

DOC 326.10(2) (2) An inmate shall abide by all state statutes and rules, local ordinances, and policies and procedures of the department while on leave.

DOC 326.10(3) (3) An inmate shall comply with the leave agreement.

DOC 326.10(4) (4) An inmate shall at all times have a copy of the authorization of leave on the inmate’s person.

DOC 326.10 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.11 DOC 326.11 Sanctions.

DOC 326.11(1) (1) An inmate who intentionally fails to return from a leave as specified, or who intentionally leaves the approved route to or from the leave destination, may be treated as an escapee.

DOC 326.11(2) (2) An inmate who violates conditions of leave, the leave agreement or any rules of the department are subject to disciplinary action under ch. DOC 303.

DOC 326.11(3) (3) The warden or superintendent may cancel leave at any time.

DOC 326.11 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.

DOC 326.12 DOC 326.12 Good time credit on leave. Leave time is credited toward the service of the sentence. The time credit includes statutory and extra good time not covered by s. 973.155, Stats.

DOC 326.12 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97.