Chapter DOC 327

DOC 327.09(2)(e)1. 1. An inmate who does any of the following without permission is guilty of an offense:

DOC 327.09(2)(e)1.a. a. Leaves an institution;

DOC 327.09(2)(e)1.b. b. Leaves the custody of a staff member;

DOC 327.09(2)(e)1.c. c. Does not follow his or her assigned schedule;

DOC 327.09(2)(e)1.d. d. Leaves the confines of the authorized area to which he or she is assigned and does not return promptly; or

DOC 327.09(2)(e)1.e. e. Does not return to the CRC residence on schedule;

DOC 327.09(2)(f) (f) The following is substituted for s. DOC 303.31 on lying: Any inmate who knowingly makes a false written or oral statement to a staff member is guilty of an offense;

DOC 327.09(2)(h) (h) Section DOC 303.34 on unauthorized forms of communication does not apply.

DOC 327.09(2)(i) (i) The following is substituted for s. DOC 303.36 on enterprises and fraud: Any inmate who offers to buy or orders any item with the intention of not paying for it or incurs debt without permission is guilty of an offense.

DOC 327.09(2)(k) (k) Section DOC 303.40 on unauthorized transfer of property does not apply;

DOC 327.09(2)(L) (L) Section DOC 303.42 on possession of money does not apply;

DOC 327.09(2)(m) (m) The following is substituted for s. DOC 303.43 on possession of intoxicants:

DOC 327.09(2)(m)1. 1. Except as specifically authorized by CRC staff, any inmate who knowingly has in his or her possession any intoxicating substance as defined under s. DOC 303.02 (23) is guilty of an offense; and

DOC 327.09 Note 2. All intoxicating substances prohibited by this section shall be confiscated, whether or not any violation of this section occurred;

DOC 327.09(2)(o) (o) The following is substituted for s. DOC 303.47 on possession of contraband — miscellaneous: Any inmate who knowingly possesses any items of a type which is not allowed under s. DOC 327.16 (6) (c) 1. or 5. or under the inmate’s special conditions of CRC placement is guilty of an offense;

DOC 327.09(2)(p) (p) Section DOC 303.49 on unauthorized use of the mail does not apply;

DOC 327.09(2)(q) (q) The following is substituted for s. DOC 303.50 on punctuality and attendance: Inmates shall attend and be on time for all events, classes, meetings, appointments, job and other activities for which they are scheduled. Any inmate who violates this section is guilty of an offense, unless one of the following applies:

DOC 327.09 Note 1. The inmate is sick and the appropriate CRC staff member has been notified;

DOC 327.09(2)(q)2. 2. A CRC staff member has granted the inmate permission to be in some other location; or

DOC 327.09(2)(q)3. 3. The inmate has been authorized to change his or her schedule by a CRC staff member;

DOC 327.09(2)(r) (r) Section DOC 303.51 on loitering does not apply;

DOC 327.09(2)(s) (s) The following is substituted for s. DOC 303.52 on leaving assigned area: Any inmate who leaves an area where he or she is attending a scheduled activity or who leaves the immediate area of a work or school assignment before the activity or the work or school assignment is over is guilty of an offense, unless absence from the assigned area has been approved by an appropriate CRC staff member;

DOC 327.09(2)(t) (t) Section DOC 303.54 on entry into another inmate’s assigned living area does not apply;

DOC 327.09(2)(u) (u) Section DOC 303.55 on improper storage does not apply;

DOC 327.09(2)(v) (v) Section DOC 303.56 on dirty assigned living area does not apply;

DOC 327.09(2)(w) (w) Section DOC 303.57 on poor personal hygiene does not apply;

DOC 327.09(2)(x) (x) The following is substituted for s. DOC 303.58 on misuse of medication: Any inmate who knowingly does any of the following is guilty of an offense:

DOC 327.09(2)(x)1. 1. Takes more of a prescription medication than was prescribed;

DOC 327.09(2)(x)2. 2. Takes a prescription medication more often than was prescribed;

DOC 327.09(2)(x)3. 3. Takes a prescription medication which was not prescribed for him or her; or

DOC 327.09(2)(x)4. 4. Obtains a prescription for medication without approval by CRC staff.

DOC 327.09(2)(y) (y) Section DOC 303.60 on use of intoxicants applies except that subs. (2) and (3) are modified to include tests, examinations and specimens requested in accordance with this chapter; and

DOC 327.09(2)(z) (z) The following is substituted for s. DOC 303.28 (3) on violations of disobeying orders:

DOC 327.09(2)(z)1. 1. The CRC superintendent may make specific substantive disciplinary policies and procedures for inmates in CRC placements. The violation of any specific disciplinary policy or procedure is an offense. Each inmate in a CRC placement shall be given or mailed a copy of policies and procedures applicable to him or her;

DOC 327.09(2)(z)2. 2. Violation of any special conditions imposed on an inmate’s CRC placement is an offense; and

DOC 327.09(2)(z)3. 3. Violation of the CRC agreement is an offense.

DOC 327.09(3) (3) In addition to the rules listed under sub. (1) and the list of offenses under ss. DOC 303.11 to 303.64 as affected by sub. (2), CRC staff may develop additional written rules and specific conditions for an inmate’s CRC placement. These specific rules and conditions may be modified at any time with written notice to the inmate.

DOC 327.09(4) (4) Violation of this section may result in termination of the CRC placement under s. DOC 327.10.

DOC 327.09 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; corrections in (2) (d) (intro.) and (m) 1. made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 11-022: am. (1) (a), (2) (intro.), (a) to (c), (d) (intro.), (e) (intro.), (f), (h), (i), (m) 1., (q) (intro.), (r) to (w), (x) (intro.), (y), (z) (intro.), (3) Register September 2014 No. 705, eff. 1-1-15; correction in (2) (p) made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 708.

DOC 327.10 DOC 327.10 Termination of CRC placement. An inmate’s CRC placement may be terminated for any of the following reasons:

DOC 327.10(1) (1) At the inmate’s request, subject to approval of the PRC;

DOC 327.10(2) (2) If there is a change of circumstances including a medical condition or the loss of a job, school or treatment program; or

DOC 327.10(3) (3) If the department determines that the inmate has committed one or more of the following:

DOC 327.10(3)(a) (a) Violation of a state or federal statute or local ordinance;

DOC 327.10(3)(b) (b) Violation of the rules of any facility in which the inmate is held or to which the inmate is assigned;

DOC 327.10(3)(c) (c) Violation of the administrative rules of the department with the modifications described in s. DOC 327.09;

DOC 327.10(3)(d) (d) Violation of the community residential confinement agreement; or

DOC 327.10(3)(e) (e) Violation of any special condition imposed on the inmate’s CRC placement.

DOC 327.10 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.11 DOC 327.11 Termination procedure.

DOC 327.11(1) (1) For the purpose of considering the termination of a CRC placement, the CRC PRC shall consist of 3 members including a social worker, a correctional officer and a department supervisory staff member. The superintendent may designate persons to sit as alternates.

DOC 327.11(2) (2) The procedure for termination at the inmate’s request under s. DOC 327.10 (1) or as the result of a change in circumstance under s. DOC 327.10 (2) shall be as follows:

DOC 327.11(2)(a) (a) The division may transport the inmate to any state correctional institution, a county jail or any other facility that has agreed to hold CRC inmates in lockup status; and

DOC 327.11(2)(b) (b) No hearing under s. DOC 327.13 is required. However, the termination shall be subject to PRC approval in accordance with the procedures under sub. (6).

DOC 327.11(3) (3) If the placement is terminated under s. DOC 327.10 (3), the inmate shall be afforded a hearing under s. DOC 327.13 for the purpose of determining whether the alleged violation occurred.

DOC 327.11(4) (4) Pending the outcome of the hearing or the PRC review under sub. (6), the department may take any action with reference to the inmate that it considers necessary for protection of the public including temporary removal from the CRC placement if the conditions for temporary lockup under s. DOC 327.14 are met.

DOC 327.11(5) (5) The due process fact-finding hearing shall be conducted in accordance with s. DOC 327.13.

DOC 327.11(6) (6) In order to terminate the CRC placement, if the inmate is found under sub. (5) to have committed the violation alleged, the case shall be referred to the CRC PRC for review. The PRC may recommend a termination in the inmate’s CRC placement, a change in the inmate’s security classification, a transfer or take any other action considered appropriate. PRC review of the inmate’s CRC placement shall be conducted in accordance with ss. DOC 302.19 and 302.20.

DOC 327.11(7) (7) An inmate who has been removed from a CRC placement pending a hearing and who is found not guilty of the alleged violation shall be returned to the placement as soon as practicable following the determination.

DOC 327.11(8) (8) If an inmate is unable to attend work, school or treatment programs due to a pending hearing or PRC review, CRC staff shall notify the appropriate school official, employer or treatment staff.

DOC 327.11 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.12 DOC 327.12 Discipline. An inmate in a CRC placement may be disciplined if the department determines, after conducting a hearing under s. DOC 327.13, that the inmate has committed one of the following:

DOC 327.12(1) (1) A violation of a state or federal statute or a local ordinance;

DOC 327.12(2) (2) A violation of the rules of any facility or program in which the inmate is held or to which the inmate is assigned;

DOC 327.12(3) (3) A violation of this chapter;

DOC 327.12(4) (4) A violation of the community residential confinement agreement; or

DOC 327.12(5) (5) A violation of any special conditions imposed on the inmate’s CRC placement.

DOC 327.12 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.13 DOC 327.13 Disciplinary procedure and penalties. The due process fact finding hearing to determine if the inmate has committed a violation under s. DOC 327.12 shall be conducted in accordance with the procedures under ss. DOC 303.65 to 303.90.

DOC 327.13(1) (1) Any department supervisory staff member may be substituted for the security director or shift supervisor.

DOC 327.13(2) (2) Under s. DOC 303.68, on review by the security office, the person who wrote the conduct report shall send it to the department supervisory staff person designated to review conduct reports in his or her area within 24 hours after writing the conduct report. The staff person who is designated to review the conduct report shall review it under s. DOC 303.68 within 24 hours after receipt.

DOC 327.13(3) (3) Under s. DOC 303.71 (2), in addition to the listed offenses, the violation of any of the following sections is a major offense: s. DOC 303.43 on possession of intoxicants; s. DOC 303.44 on possession of intoxicant paraphernalia; s. DOC 303.52 on leaving assigned area; and s. DOC 303.53 on being in an unassigned area.

DOC 327.13(4) (4) Under s. DOC 303.80 (1) on hearing procedure for major violations, a copy of the approved conduct report shall be given to the inmate within 4 working days after approval under s. DOC 303.68.

DOC 327.13(5) (5) Under s. DOC 303.80 (4), the due process hearing may be held in person, by telephone, video conferencing or other virtual communication means at the discretion of the hearing officer.

DOC 327.13(6) (6) Section DOC 303.83 (1) is modified to read: The superintendent shall designate staff representatives for inmates in disciplinary hearings at the institution. If an inmate or staff representative provides information and evidence to the superintendent that there is a conflict of interest in the case that would impair a staff representative’s ability to perform his or her duties, the superintendent shall evaluate the information and evidence to determine if a different representative should be assigned.

DOC 327.13(7) (7) Under s. DOC 303.84 (4), if an inmate witness must be transported to another institution or facility to testify, the inmate does not have to attend the disciplinary hearing. However, the hearing officer shall attempt to get a signed statement from the witness to be used at the disciplinary hearing or the staff representative shall attempt to interview the witness and report on the testimony to the committee in lieu of a personal appearance by the witness.

DOC 327.13(8) (8) Under ss. DOC 303.77 and 303.79, the superintendent shall designate a hearing officer.

DOC 327.13(9) (9) A penalty listed in s. DOC 303.72 need not be imposed as a result of a finding of guilt.

DOC 327.13(10) (10) Under s. DOC 303.73, disciplinary separation may be served in any state correctional institution, a county jail or other facility designated by the department to hold CRC inmates in disciplinary separation status.

DOC 327.13 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; CR 11-022: am. (intro.), (2) to (10) Register September 2014 No. 705, eff. 1-1-15.

DOC 327.14 DOC 327.14 Temporary lockup for inmates in CRC placements.

DOC 327.14(1) (1) In this section, “TLU” means temporary lockup.

DOC 327.14(2) (2) An inmate may be placed in TLU by any CRC staff member or by a law enforcement officer at the request of CRC staff.

DOC 327.14(3) (3) CRC supervisory staff shall review the placement of an inmate in TLU within 3 working days after it takes place. Before this review and the review provided for in sub. (3), the inmate shall be provided with the reason for TLU and with an opportunity to respond, either orally or in writing. Review of the decision shall include consideration of the inmate’s response to TLU. If, upon review, it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

DOC 327.14(4) (4) No inmate may remain in TLU more than 21 days, except that the superintendent, with notice to the administrator, may extend this period for up to 21 additional days for cause. After the review under sub. (2), CRC supervisory staff shall review the status of each inmate in TLU every 7 days to determine whether TLU continues to be appropriate. If upon review it is determined that TLU is not appropriate, the inmate shall be returned to his or her CRC placement.

DOC 327.14(5) (5) An inmate may be placed in TLU and kept there only if the decision maker is satisfied that it is more likely than not that one or more of the following is true:

DOC 327.14(5)(a) (a) If the inmate remains in the CRC placement, the inmate will seek to intimidate a witness in a pending investigation, disciplinary action or termination action;

DOC 327.14(5)(b) (b) If the inmate remains in the CRC placement, the inmate will encourage others by example, expressly, or by the inmate’s presence, to defy staff authority and thereby erode staff’s ability to control a particular situation;

DOC 327.14(5)(c) (c) If the inmate remains in the CRC placement, it will create a substantial danger to the physical safety of the inmate or other person;