Chapter DOC 327

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;

DOC 327.14(5)(d) (d) If the inmate remains in the CRC placement, there is a substantial danger that the inmate will try to escape;

DOC 327.14(5)(e) (e) If the inmate remains in the CRC placement, a criminal, disciplinary or termination investigation will thereby be inhibited; or

DOC 327.14(5)(f) (f) If the inmate remains in the CRC placement, a medical or psychological problem of the inmate would go untreated.

DOC 327.14(6) (6) When an inmate is placed in TLU, the person who makes the placement shall state the reasons on the appropriate form and shall include the facts upon which the decision is based. The inmate shall be given a copy of the form. Upon review, the supervisory staff person shall indicate on the form approval or disapproval of TLU.

DOC 327.14(7) (7) TLU for CRC inmates may be at any state correctional institution, a county jail or any other facility designated by the department for holding CRC inmates in TLU status. If 1983 Wis. Act 528 does not apply to the inmate, he or she shall continue to earn extra good time credit. The inmate may be required to wear mechanical restraints, as defined in s. DOC 306.09 (1), while outside the cell.

DOC 327.14 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.15 DOC 327.15 Inmate funds.

DOC 327.15(1) (1) An inmate in a CRC placement is not eligible for compensation under s. DOC 309.55.

DOC 327.15(2) (2) The inmate shall sign an agreement acknowledging the department’s authority to collect all funds earned and compensation received by the inmate while in a CRC placement and to disburse those funds in accordance with this section. Refusal to sign shall make an inmate ineligible for participation.

DOC 327.15(3) (3) The CRC business manager or a financial institution designated to handle CRC inmate accounts shall establish a separate CRC account for each inmate and make disbursements in accordance with this section. All paychecks from CRC work assignments and other funds received for inmates shall be sent to the CRC business manager or a financial institution designated to handle CRC inmate accounts.

DOC 327.15(4) (4) Upon an inmate’s placement in CRC, funds in an inmate’s general account shall be transferred to his or her CRC account.

DOC 327.15(5) (5) The CRC business manager or the designated financial institution shall disburse money received while an inmate is in a CRC placement in the following order:

DOC 327.15(5)(a) (a) Payment of the crime victim and witness assistance surcharge under s. 973.045 (4), Stats., and s. DOC 309.465;

DOC 327.15(5)(b) (b) Unless waived by the superintendent, a reasonable electronic monitoring fee as determined by the department; and

DOC 327.15(5)(c) (c) The balance to the inmate in a CRC placement, consistent with CRC procedures.

DOC 327.15(6) (6) Prior to disbursing funds under sub. (5) (c), the business manager or designated financial institution may disburse money from the inmate’s CRC account to pay, either in full or proportionately, the inmate’s obligations that have been acknowledged by the inmate in writing or that have been reduced to judgment.

DOC 327.15(7) (7) Income earned by or received for the benefit of an inmate while in a CRC placement is not subject to release account deductions under s. DOC 309.466.

DOC 327.15(8) (8) After approval for a CRC placement, an inmate may receive a single disbursement from his or her release account under s. DOC 309.466 for initial expenses such as security deposits, clothing, fees, tuition and books, if approved by the superintendent.

DOC 327.15(9) (9) Upon termination of a CRC placement, funds in an inmate’s CRC account shall be deposited in the inmate’s general account after disbursements under sub. (5) (b) are made.

DOC 327.15(10) (10) Before releasing an inmate to field supervision from a CRC placement, the CRC business manager shall inform the parole agent of the balance in the inmate’s CRC account. The agent shall instruct the business manager as to where the funds shall be transferred. Following release, the former inmate may use funds formerly held in the CRC account with the approval of the agent.

DOC 327.15 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.16 DOC 327.16 Resources for CRC inmates.

DOC 327.16(1) (1) Disclaimer. The department does not assume responsibility for the condition or safety of any CRC residence, including the inmate’s food and property at the residence, or for the safety of others or their property at a CRC residence.

DOC 327.16(2) (2) Access to legal materials. Inmates with documented legal needs shall be permitted to do legal research at local law libraries. If local law libraries are not available, efforts shall be made to accommodate reasonable requests of inmates for legal materials by borrowing copies of requested materials from the criminal justice reference and information center at the university of Wisconsin law school or from correctional institution law libraries. CRC staff shall inform inmates how legal materials may be obtained. An inmate, at his or her request, may be transferred from a CRC placement to an institution with a law library if the inmate requires access to a library and materials made available pursuant to this subsection are inadequate.

DOC 327.16(3) (3) Medical care.

DOC 327.16(3)(a) (a) All medical care for inmates shall be authorized by the superintendent upon recommendation of correctional health services staff in accordance with this subsection.

DOC 327.16(3)(b) (b) Inmates with private health insurance may use any medical personnel and facilities covered by their policy with prior approval of the superintendent and correctional health services staff.

DOC 327.16(3)(c) (c) Inmates without private health insurance may be required to use department facilities for ordinary medical and dental care.

DOC 327.16(3)(d) (d) For emergency medical care, an inmate shall use a facility in the area approved by the department for emergency medical care. All emergency medical care requires the superintendent’s prior authorization unless this is not possible because of the nature and time limitation of the emergency.

DOC 327.16(3)(e) (e) An inmate requiring hospitalization for nonemergency medical care shall use a facility in the area approved by the department for hospitalization of CRC inmates. All nonemergency hospitalizations require the prior approval of the superintendent and correctional health services staff.

DOC 327.16(3)(f) (f) An inmate’s serious medical care need may be cause for termination of a CRC placement under s. DOC 327.10 and transfer to a state facility for treatment.