Chapter DOC 327

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:

DOC 327.21(3)(a) (a) The identity of the staff member who conducted the search and the supervisor who approved it;

DOC 327.21(3)(b) (b) The date and time of the search;

DOC 327.21(3)(c) (c) The identity of the inmate whose residence or property was searched;

DOC 327.21(3)(d) (d) The reason for conducting the search. If the search was a random one, the report shall state that fact;

DOC 327.21(3)(e) (e) Any objects which were seized pursuant to the search; and

DOC 327.21(3)(f) (f) Whether any damage was done to the premises during the search.

DOC 327.21(4) (4) If any objects were seized or property damaged during the search of an inmate’s residence or property, the inmate shall be informed in writing. The inmate shall be reimbursed for damage to any property which is not contraband. Property which is damaged shall be valued at its fair market value, not the cost to replace it.

DOC 327.21(5) (5) In conducting a search, correctional staff shall disturb the effects of the inmate as little as possible, consistent with thoroughness.

DOC 327.21(6) (6) Staff shall not read legal materials belonging to the inmate during a search.

DOC 327.21 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.22 DOC 327.22 Search of CRC inmate.

DOC 327.22(1) (1) Searches of inmates approved for CRC placements shall comply with s. DOC 306.16, modified as follows:

DOC 327.22(1)(a) (a) In addition to the reasons for a personal search of an inmate listed under s. DOC 306.16 (2), a personal search of an inmate in a CRC placement may be conducted by any correctional staff member before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

DOC 327.22(1)(b) (b) In addition to the reasons for a strip search of an inmate listed under s. DOC 306.16 (3), a strip search may be conducted before an inmate enters and after an inmate leaves the security enclosure of a jail or detention facility and when an inmate is taken into custody;

DOC 327.22(1)(c) (c) In addition to the reasons for a body contents search listed under s. DOC 306.16 (5), a body contents search may be conducted:

DOC 327.22(1)(c)1. 1. Immediately before transfer to the CRC placement;

DOC 327.22(1)(c)2. 2. Upon arrival at the CRC placement;

DOC 327.22(1)(c)3. 3. If an inmate is found to possess intoxicating substances or intoxicating substances are detected or found in the inmate’s residence or in an area controlled, occupied or inhabited by the inmate;

DOC 327.22(1)(c)4. 4. As part of a random testing program of all CRC inmates. Selection of inmates for random testing may not be done for the purpose of harassing or intimidating inmates; or

DOC 327.22(1)(c)5. 5. Periodically, if an inmate has a history of alcohol or other drug abuse.

DOC 327.22(2) (2) If the CRC inmate is held in a correctional institution, the search rules under ss. DOC 306.13, 306.14, 306.15 and 306.16 apply.

DOC 327.22 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.23 DOC 327.23 Search of staff. Section DOC 306.18 regulates the search of CRC staff except that a search is authorized before and after a staff member has contact with a CRC inmate or if there are reasonable grounds to believe the staff member is concealing an unauthorized object.

DOC 327.23 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.24 DOC 327.24 Use of test results and contraband as evidence at disciplinary hearings.

DOC 327.24(1) (1) Contraband seized during a search which is done in violation of this chapter may be used as evidence at a disciplinary hearing conducted pursuant to s. DOC 327.13.

DOC 327.24(2) (2) Results of physical examinations and tests performed on body content specimens for the purpose of detecting intoxicating substances may be used as evidence at a disciplinary hearing conducted pursuant to s. DOC 327.13.

DOC 327.24 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.25 DOC 327.25 Emergencies.

DOC 327.25(1) (1) An emergency is an immediate threat to the safety of CRC staff, inmates or the public. An emergency may include, but is not limited to:

DOC 327.25(1)(a) (a) Failure of the CRC inmate’s electronic surveillance equipment;

DOC 327.25(1)(b) (b) Malfunctioning of the CRC inmate’s telephone system; or

DOC 327.25(1)(c) (c) A strike of department employees.

DOC 327.25(2) (2) The superintendent shall have a written plan to be implemented in the event of an emergency that complies with the requirements of s. DOC 306.23 (2) and (3).

DOC 327.25(3) (3) If an emergency occurs that prevents the normal functioning of CRC, the superintendent may suspend those sections of this chapter or other administrative rules to which this chapter refers that specifically relate to the emergency until the emergency is ended.

DOC 327.25 History History: Cr. Register, September, 1990, No. 417, eff. 10-1-90.

DOC 327.26 DOC 327.26 Other rules that apply to CRC placements. The following chapters apply to inmates in community residential confinement placements:

DOC 327.26(1) (1) Chapter PAC 1 on parole;

DOC 327.26(2) (2) Chapter DOC 310 on complaint procedures in adult correctional institutions, modified as follows:

DOC 327.26(2)(a) (a) Under s. DOC 310.06 (3), the complaint shall be considered denied and may be appealed if the superintendent does not send his or her decision to the complainant within 23 calendar days after the ICI’s receipt of the complaint; and

DOC 327.26(2)(b) (b) Under s. DOC 310.03 (15), the superintendent may designate a CRC staff member to function as ICI in addition to other duties. Complaint investigation does not have to be the primary responsibility of this person;

DOC 327.26(3) (3) Chapter DOC 314 on mental health treatment for inmates;

DOC 327.26(4) (4) Chapter DOC 325 on temporary release under supervision; and

DOC 327.26(5) (5) Chapter DOC 326 on leave for qualified inmates.

DOC 327.26 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; CR 16-054: am. (2) (a), (b), Register March 2018 No. 747 eff. 4-1-18.