Chapter DOC 326

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.