Chapter DOC 327

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;

DOC 327.18(3)(b) (b) To protect a CRC inmate who poses an immediate threat of physical injury to himself or herself unless restrained;

DOC 327.18(3)(c) (c) When taking a CRC inmate into custody; or

DOC 327.18(3)(d) (d) To transport a CRC inmate.

DOC 327.18(4) (4) Mechanical restraints may not be used:

DOC 327.18(4)(a) (a) As a method of punishment;

DOC 327.18(4)(b) (b) About the head or neck of an inmate;

DOC 327.18(4)(c) (c) In a way that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or breathing of the inmate; or

DOC 327.18(4)(d) (d) To restrain an inmate to a moving vehicle.

DOC 327.18(5) (5) A staff member shall observe a CRC inmate in restraints at least once every 15 minutes until the restraints are removed or the inmate is admitted to a state correctional institution, a detention facility, a mental health facility or a medical facility.

DOC 327.18(6) (6) If feasible, an inmate shall be released from restraints to perform bodily functions and for meals.

DOC 327.18(7) (7) Except when restraints are used to take a CRC inmate into custody or to transport an inmate, a record shall be kept of each time the inmate is placed in restraints. The record shall include:

DOC 327.18(7)(a) (a) The inmate’s full name, number, and the date and time the inmate was placed in restraints;

DOC 327.18(7)(b) (b) The name of the staff member who placed the inmate in restraints;

DOC 327.18(7)(c) (c) The reason for placing the inmate in restraints; and

DOC 327.18(7)(d) (d) A statement indicating when and under what circumstances the restraints were removed.

DOC 327.18(8) (8) CRC staff shall periodically examine the supply of mechanical restraints. Any excessively worn or defective restraints shall be removed from the supply. Only commercially manufactured mechanical restraints may be used.

DOC 327.18(9) (9) If the CRC inmate is held in a state correctional institution, the mechanical restraints rules under ss. DOC 306.09 and 306.10 apply.

DOC 327.18 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.19 DOC 327.19 Chemical agents and firearms.

DOC 327.19(1) (1) Chemical agents may not be used by CRC staff against CRC inmates.

DOC 327.19(2) (2) CRC staff may not carry firearms or other weapons during their working hours.

DOC 327.19 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.20 DOC 327.20 Escapes.

DOC 327.20(1) (1) Plan. The superintendent shall have a written plan to be implemented if an escape occurs from a CRC placement. The plan shall be developed by the superintendent who shall review and update it annually. A copy of the plan shall be filed with the administrator. The plan shall provide for the following:

DOC 327.20(1)(a) (a) If CRC staff believe that an inmate may have escaped because the inmate has left an assigned area, the inmate does not return to the CRC residence on schedule, the electronic monitoring equipment indicates someone has tampered with it or because CRC staff have received other relevant information, CRC staff shall attempt to contact the inmate.

DOC 327.20(1)(b) (b) If CRC staff believe the inmate has escaped or if an inmate is 4 or more hours late returning to the CRC residence without authorization from appropriate CRC staff, CRC staff shall place an apprehension request on the inmate;

DOC 327.20(1)(c) (c) After an apprehension request has been placed on an inmate, the escape shall be reported orally and in writing to the superintendent and the administrator;

DOC 327.20(1)(d) (d) The escape shall be reported to law enforcement officials; and

DOC 327.20(1)(e) (e) The administrator and law enforcement agencies shall be notified by CRC staff when an inmate who has escaped is apprehended.

DOC 327.20(2) (2) Reports of escapes. Reports of escapes required to be made under sub. (1) shall include, if known:

DOC 327.20(2)(a) (a) The method of escape;

DOC 327.20(2)(b) (b) Who was involved in the escape;

DOC 327.20(2)(c) (c) A description of the escapee, including clothing worn;

DOC 327.20(2)(d) (d) Action taken by the institution;

DOC 327.20(2)(e) (e) A brief evaluation of the factors which may have contributed to the escape; and

DOC 327.20(2)(f) (f) The identification of persons who may have information about the escape.

DOC 327.20(3) (3) Order to duty. In the event of an escape, the superintendent may order any off-duty staff member to work.

DOC 327.20(4) (4) Authority of hostage. If a correctional staff member, including the superintendent, is taken as a hostage in an escape or escape attempt, that hostage has no authority to order any action or inaction by correctional staff. Any orders issued by a hostage shall be disregarded by the correctional staff.

DOC 327.20(5) (5) Pursuit. The pursuit of escapees shall be done under the supervision of local law enforcement authorities. Until local law enforcement authorities are able to supervise a pursuit, it shall be supervised by the superintendent. Correctional staff and law enforcement officers may take a CRC inmate into custody from his or her CRC residence.

DOC 327.20(6) (6) Use of private cars in pursuit. The superintendent may authorize CRC staff members to use their own cars to pursue escapees if state-owned cars are unavailable.

DOC 327.20 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.21 DOC 327.21 Search of CRC residence.

DOC 327.21(1) (1) A search of a CRC inmate’s residence, including the grounds, his or her vehicle, areas occupied by other occupants of the residence or any property under the inmate’s control, may be made at any time by any correctional staff member. There is no requirement that there be evidence that contraband is concealed in the residence before a search is conducted.

DOC 327.21(2) (2) Before the search occurs, it shall be approved by a CRC supervisor unless exigent circumstances, such as suspicion the inmate will destroy contraband or use a weapon, require search without approval.

DOC 327.21(3) (3) There shall be a written record of all searches conducted under sub. (1). This record shall be prepared by the CRC supervisor or the staff member who conducted the search. The report shall state: