Chapter DOC 327

Ch. DOC 327 Note Note: Ch. DOC 327 was created as an emergency rule effective January 1, 1990.

DOC 327.01 DOC 327.01 Authority and purpose. This chapter is promulgated under the authority of ss. 227.11 (2) and 301.046, Stats., to provide rules for administration of community residential confinement for correctional inmates which the department under s. 301.046, Stats., is required to establish and operate. The purposes of community residential confinement placements are:

DOC 327.01(1) (1) To provide a structured program for an inmate in institution status placed in the community on electronic monitoring that represents minimal risk to the public, the inmate and staff;

DOC 327.01(2) (2) To provide an opportunity for an inmate to assume responsibility in employment, education, treatment and residential settings to prepare the inmate for a productive life in free society after release;

DOC 327.01(3) (3) To provide community resources for education, treatment and work programs not available in another institution;

DOC 327.01(4) (4) To provide an inmate with opportunities to demonstrate through responsible behavior that the inmate is ready for parole; and

DOC 327.01(5) (5) To fulfill the correctional goals of protection of the public and reintegration of the inmate into society.

DOC 327.01 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.02 DOC 327.02 Applicability. This chapter applies to the department of corrections and to adult inmates in its custody who are eligible for a minimum security/community residential confinement classification. This chapter and other administrative rules referenced in this chapter are the only administrative rules of the department that apply to inmates in community residential confinement placements. Any inconsistencies between rule provisions within this chapter and other chapters shall be resolved in favor of this chapter.

DOC 327.02 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.03 DOC 327.03 Definitions. In this chapter:

DOC 327.03(1) (1) “Administrator” means the administrator of the division or that person’s designee.

DOC 327.03(2) (2) “Community residential confinement placement” or “CRC placement” means an assignment to the department’s community residential confinement institution under s. 301.046, Stats., after approval by appropriate CRC staff in accordance with s. DOC 327.06.

DOC 327.03(3) (3) “Classification chief” means the division’s chief of classification or that person’s designee.

DOC 327.03(4) (4) “CRC” means community residential confinement or community residential confinement institution.

DOC 327.03(5) (5) “Department” means the Wisconsin department of corrections.

DOC 327.03(6) (6) “Division” means the department’s division of adult institutions.

DOC 327.03(7) (7) “Minimum security/community residential confinement classification” or “MS/CRCC” means the inmate security classification described under s. DOC 302.12 (1) (f).

DOC 327.03 Note Note: DOC 302.12 (1) (f) was repealed eff. 2-1-02.

DOC 327.03(8) (8) “PRC” means the program review committee.

DOC 327.03(9) (9) “Secretary” means the head of the department or that person’s designee.

DOC 327.03(10) (10) “State correctional facility” or “state correctional institution” means the prisons named under s. 302.01, Stats.

DOC 327.03(11) (11) “Superintendent” means the superintendent of the department’s community residential confinement institution or that person’s designee.

DOC 327.03 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.04 DOC 327.04 Eligibility for minimum security/community residential confinement classification. To be eligible for minimum security/community residential confinement classification, an inmate shall meet all of the following requirements:

DOC 327.04(1) (1) Shall be parole-eligible under s. 304.06, Stats., and s. PAC 1.05.

DOC 327.04(2) (2) May not be serving a life sentence.

DOC 327.04(3) (3) Shall agree to community residential confinement placement, electronic monitoring and any special condition CRC staff may impose on the placement.

DOC 327.04(4) (4) Shall agree to pay a reasonable electronic monitoring fee as determined by the department. The superintendent may waive the electronic monitoring fee.

DOC 327.04(5) (5) Shall have a CRC plan that includes an intended residence, either a school or job placement or an alternative acceptable to the PRC and a proposal for meeting treatment goals in the community.

DOC 327.04 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462.

DOC 327.05 DOC 327.05 Procedure for application and approval of classification.

DOC 327.05(1) (1) An inmate may apply for minimum security/community residential confinement classification to his or her institution social worker or to a staff member designated for this purpose.

DOC 327.05(2) (2) The application shall include evidence that the inmate satisfies the eligibility requirements under s. DOC 327.04.

DOC 327.05(3) (3) The social worker or designated staff member shall review the inmate’s application and shall report on the inmate’s eligibility and the feasibility of the inmate’s plan to the PRC of the state correctional institution where the inmate is assigned.

DOC 327.05(4) (4) The reclassification procedure shall be the procedure for changing a custody classification under s. DOC 302.17 and this chapter.

DOC 327.05(5) (5) The PRC’s recommendation for minimum security/community residential confinement classification shall be by unanimous vote. If a vote is not unanimous, the case shall be treated in accordance with s. DOC 302.17 (5).

DOC 327.05(6) (6) Reasons for the PRC’s recommendation as to change in the inmate’s security classification shall be given to the inmate in writing.

DOC 327.05(7) (7) If referred under sub. (5) or s. DOC 302.17 (5), the classification chief shall approve or deny minimum security/community residential confinement classification.

DOC 327.05(8) (8) The inmate’s eligibility under s. DOC 327.04, the criteria under s. DOC 302.02 and any other factors which relate to whether the inmate will be able to maintain himself or herself in a community residential confinement placement without engaging in criminal or disciplinary activity may be considered in making the decision under this section.

DOC 327.05(9) (9) The inmate shall be recommended for minimum security/community residential confinement classification by the PRC and approved for that classification by the classification chief before any further placement efforts are undertaken.

DOC 327.05(10) (10) An inmate may appeal a PRC denial of minimum security/community residential confinement classification to the classification chief within 10 days after receipt of notice of the denial.

DOC 327.05(11) (11) If the classification chief approves the minimum security/community residential confinement classification, the inmate shall be classified as minimum security/community residential confinement. An inmate with that classification has the appropriate status for CRC placement but is not assigned to a CRC placement unless he or she is approved for placement under s. DOC 327.06. Prior to approval for CRC placement, an inmate with a security classification of minimum security/community residential confinement may be assigned to any correctional institution.

DOC 327.05 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 17-026: am. (4), (8), Register June 2018 No. 750 eff. 7-1-18; correction in (5), (7) made under s. 13.92 (4) (b) 7., Stats., Register February 2019 No. 758.

DOC 327.06 DOC 327.06 Placement approval.

DOC 327.06(1) (1) Upon the classification chief’s approval for minimum security/community residential confinement classification, the referring institution’s PRC or the classification chief shall send a copy of the CRC plan to a CRC staff person designated by the superintendent.

DOC 327.06(2) (2) Upon receipt of the CRC plan, the CRC staff person designated by the superintendent shall carry out an investigation to determine if the plan is appropriate and shall include in that investigation assessments of the inmate’s proposed residence, employment, school and community treatment plan.

DOC 327.06(3) (3) The designated CRC staff person shall contact the inmate’s parole agent for information on the adequacy of the plan, the probable reaction to the inmate in the community where the inmate proposes to reside and other relevant information.

DOC 327.06(4) (4) The designated CRC staff member shall document the results of the investigation under subs. (2) and (3) and submit that information to the CRC PRC.

DOC 327.06(5) (5) For the purpose of placement approval, the CRC PRC shall consist of 2 members including a social worker and the staff person designated by the superintendent who completed the investigation under subs. (2) and (3). The superintendent may designate persons to sit as alternates.

DOC 327.06(6) (6) After reviewing all relevant information, the CRC PRC shall decide whether to approve or deny the CRC placement.

DOC 327.06(7) (7) CRC PRC approval for CRC placement shall be by unanimous vote. If the vote is not unanimous, the case shall be referred to the superintendent for decision.

DOC 327.06(8) (8) The inmate’s eligibility under s. DOC 327.04, the adequacy of the inmate’s plan, the objectives under s. DOC 302.02 and any other factors which relate to whether the inmate will be able to maintain himself or herself in a CRC placement without engaging in criminal or disciplinary activity may be considered in making the decision.

DOC 327.06(9) (9) If CRC placement is approved, the superintendent may impose in writing any special conditions, such as restrictions on associations or possessions, that are appropriate.

DOC 327.06(10) (10) Upon placement approval, the CRC PRC staff shall notify the classification chief. The notification shall include, if applicable:

DOC 327.06(10)(a) (a) Date placement is to begin;

DOC 327.06(10)(b) (b) Site of residence;

DOC 327.06(10)(c) (c) Job, school and treatment plans;

DOC 327.06(10)(d) (d) Transportation arrangements between state correctional facility and CRC placement; and

DOC 327.06(10)(e) (e) Other information that may be required to prepare for the placement.

DOC 327.06 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 17-026: am. (8), Register June 2018 No. 750 eff. 7-1-18.

DOC 327.07 DOC 327.07 CRC placement.

DOC 327.07(1) (1) Before the inmate’s placement:

DOC 327.07(1)(a) (a) A CRC staff person designated by the superintendent shall advise the inmate’s employer, appropriate school administrators and persons sharing the residence with the inmate of their responsibilities to the inmate and the program. Other occupants of the residence shall agree in writing to searches of the residence, including the grounds, in accordance with s. DOC 327.21.

DOC 327.07(1)(b) (b) The inmate shall sign an agreement to abide by the rules of CRC placement, electronic monitoring and any special conditions imposed on the inmate’s placement.

DOC 327.07(1)(c) (c) The department shall notify the committing court, the municipal police chief, the county sheriff and district attorney for the area where the inmate plans to reside.

DOC 327.07(2) (2) CRC staff and the division’s central office staff shall coordinate transportation arrangements between the state correctional facility and the approved CRC placement. The department is not required to provide transportation to the inmate.

DOC 327.07(3) (3) A CRC staff person shall meet with the inmate at the CRC residence to activate the electronic surveillance.

DOC 327.07(4) (4) The CRC staff member shall explain to the inmate the rules of CRC placement and the special conditions of the inmate’s placement. The CRC staff member shall describe how the electronic monitoring equipment works, any special limitations on transportation methods or routes, the places the inmate is authorized to visit, the hours the inmate is authorized to be absent from his or her residence, and the area designated as the limits of the inmate’s confinement.

DOC 327.07(5) (5) An inmate in a community residential confinement placement remains in the legal custody of the department and is an inmate in institution status.

DOC 327.07 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.08 DOC 327.08 Changes in CRC program assignment.

DOC 327.08(1) (1) In this section, “program assignment” means assignment to work, school, treatment or an approved alternative program, or to a combination of these. It does not include a more specific assignment, such as a particular job within a work assignment.

DOC 327.08(2) (2) For the purposes of considering a change in an inmate’s program assignment after initial CRC placement approval under s. DOC 327.06, not including termination of the CRC placement under s. DOC 327.10, a CRC PRC shall consist of 2 members including a social worker and correctional officer. The superintendent may designate persons to sit as alternates.

DOC 327.08(3) (3) CRC PRC approval or disapproval for a change in program assignment shall be by unanimous vote. If the vote is not unanimous, the case shall be referred to the superintendent for a decision.

DOC 327.08(4) (4) The criteria under ss. DOC 302.11 and 302.13, the availability of programs in the community, and any other factor relevant to the inmate’s rehabilitation and the protection of the community may be considered in making the decision.

DOC 327.08(5) (5) Reasons for the decision concerning a program assignment shall be given to the inmate in writing.

DOC 327.08(6) (6) An inmate may appeal the PRC’s decision concerning a program assignment to the superintendent within 10 days after receipt of the decision.

DOC 327.08(7) (7) Although PRC approval is not necessary, an inmate may not change his or her schedule or specific job, school or treatment activities without prior approval by a CRC staff member designated by the superintendent.

DOC 327.08 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 17-026: am. (4), Register June 2018 No. 750 eff. 7-1-18.

DOC 327.09 DOC 327.09 Inmate conduct in CRC placements.

DOC 327.09(1) (1) The following provisions apply to the conduct of inmates in community residential confinement placements and shall be included in the agreement signed by an inmate under s. DOC 327.07 (2):

DOC 327.09(1)(a) (a) An inmate may not possess or use any form of alcohol, or other intoxicating substance as defined under s. DOC 303.02 (23) except as authorized and directed by an approved physician;

DOC 327.09(1)(b) (b) An inmate shall abide by all the rules of the inmate’s employer or the educational or training facility to which the inmate is assigned;

DOC 327.09(1)(c) (c) Except for retaining an attorney, an inmate may not enter into a contract or other agreement without prior approval by the superintendent. Contracts which require prior approval include but are not limited to the purchase of property, time payments and marriage.

DOC 327.09(1)(d) (d) An inmate shall abide by this chapter and other rules referenced in this chapter, the specific policies, procedures and rules of any facility in which the inmate is housed, any special conditions imposed on the CRC placement, and all pertinent state and federal statutes and local ordinances. In addition, if an inmate is housed in a state correctional institution he or she shall abide by all of the department’s administrative rules for institutions;

DOC 327.09(1)(e) (e) Any intentional failure of the inmate to return to the CRC residence on schedule or leaving the confines of the authorized area to which he or she is assigned without permission, may be referred for prosecution as an escape under s. 946.42 (3), Stats.;

DOC 327.09(1)(f) (f) An inmate may not remain in a community residential confinement placement if, as a result, a medical or psychological problem of the inmate would go untreated;