Chapter DOC 327

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.

DOC 327.16(4) (4) Religious services. With the approval of the superintendent, inmates motivated by religious beliefs shall be given reasonable opportunities to attend religious services.

DOC 327.16(5) (5) Leisure time activities.

DOC 327.16(5)(a) (a) In this subsection, “leisure time activities” mean activities outside the inmate’s residence other than those required for job, school or treatment programs and include, but are not limited to, attending religious services, access to law libraries, exercise and recreational activities.

DOC 327.16(5)(b) (b) After 30 days of being in a CRC placement, an inmate shall be permitted to participate in leisure time activities for at least 4 hours per week. The 30 day waiting period may be waived by the superintendent.

DOC 327.16(5)(c) (c) A request to participate in a leisure time activity shall be made by an inmate in writing to the appropriate CRC staff member. All leisure time activities shall have prior approval by the appropriate CRC staff member and shall be included in the inmate’s schedule.

DOC 327.16(5)(d) (d) An inmate may lose the privilege of participating in leisure time activities through the disciplinary process under s. DOC 327.13.

DOC 327.16(6) (6) Property.

DOC 327.16(6)(a) (a) Inmates may have personal property in their possession or in their residence in accordance with this subsection and any special conditions imposed on an inmate’s CRC placement.

DOC 327.16(6)(b) (b) An inmate’s property shall be signed out to him or her at the sending correctional institution prior to placement in CRC. The department is not responsible for an inmate’s property after that point.

DOC 327.16(6)(c) (c) An inmate in a CRC placement may possess any personal property except:

DOC 327.16(6)(c)1. 1. Property which is prohibited by state, federal or local law or this chapter;

DOC 327.16(6)(c)2. 2. Alcohol beverages as defined in s. 125.02 (1), Stats., or a controlled substance as defined in s. 961.01 (4), Stats.;

DOC 327.16(6)(c)3. 3. Any item designed exclusively to be used as a weapon or to be used in the manufacture of a weapon;

DOC 327.16(6)(c)4. 4. Intoxicant paraphernalia under s. DOC 303.44; and

DOC 327.16(6)(c)5. 5. Obscene material, as defined in s. DOC 309.05 (6) (c) 8.

DOC 327.16 Note Note: Obscene material is not defined in ch. DOC 309. However, “pornography” is defined in s. DOC 309.02 (16).

DOC 327.16(6)(c)6. 6. Property which is prohibited by an inmate’s special conditions of CRC placement.

DOC 327.16(6)(d) (d) Items not permitted under this section or under an inmate’s special conditions of CRC placement are contraband. They may be seized in accordance with s. DOC 303.09. An inmate may be subject to discipline for possessing contraband.

DOC 327.16(7) (7) Inmate contacts.

DOC 327.16(7)(a) (a) Special conditions may be placed on an inmate’s contacts while in a CRC placement, including mail, visits and telephone, if it is warranted by the rehabilitation of the inmate or the protection of the public.

DOC 327.16(7)(b) (b) An inmate shall inform the superintendent of any contact with the news media.

DOC 327.16(7)(c) (c) Visits between inmates who are family members shall be regulated under s. DOC 309.15.

DOC 327.16 Note Note: Visits between related inmates are no longer permitted under ch. DOC 309.

DOC 327.16 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; correction in (6) (c) 2., made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 11-022: am. (6) (c) 4., (d) Register September 2014 No. 705, eff. 1-1-15.

DOC 327.17 DOC 327.17 Use of force. The use of force on inmates in CRC placements shall comply with s. DOC 306.07, modified as follows:

DOC 327.17(1) (1) In addition to the conditions for use of non-deadly force under s. DOC 306.07 (2), non-deadly force may be used by correctional staff against a CRC inmate if the user of force reasonably believes it is necessary to prevent the inmate from fleeing the control of the correctional staff member;

DOC 327.17(2) (2) Deadly force may not be used by CRC staff against a CRC inmate except to prevent death or great bodily injury to oneself or another; and

DOC 327.17(3) (3) If the CRC inmate is held in a state correctional institution, the use of force rules under ch. DOC 306 apply.

DOC 327.17 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90; corrections in (intro.) and (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

DOC 327.18 DOC 327.18 Mechanical restraints.

DOC 327.18(1) (1) This section regulates the use of mechanical restraints on inmates in CRC placements.

DOC 327.18(2) (2) Mechanical restraints are limited to handcuffs, handcuffs with restraining belt or chain, restraining chain, leg restraints, and leather and plastic restraints.

DOC 327.18(3) (3) Mechanical restraints may be used only in the following circumstances:

DOC 327.18(3)(a) (a) To protect staff or others from a CRC inmate who poses an immediate risk of flight or physical injury to others unless restrained;