Chapter DOC 328

DOC 328.21   Firearms or other weapons.

DOC 328.22   Search and seizure; pat-down.

DOC 328.23   Contraband.

DOC 328.24   Absconding.

DOC 328.25   Tolled time.

DOC 328.26   Reinstatement.

DOC 328.27   Custody and detention.

DOC 328.28   Psychotropic medication as a condition of supervision.

Ch. DOC 328 Note Note: Chapter HSS 328 was renumbered Chapter DOC 328 and revised under s. 13.93 (2m) (b) 1., 2., 6. and 7., Stats., Register, April, 1990, No. 412. Chapter DOC 328 was repealed and recreated, Register June 2013 No. 690, eff. 7-1-13.

subch. I of ch. DOC 328 Subchapter I — General Provisions

DOC 328.01 DOC 328.01 Purpose. The purpose of this chapter is to provide rules, services, and programs for offenders who are under supervision of the department. All of the following specific goals and objectives assist the department in fulfilling this purpose:

DOC 328.01(1) (1) To supervise offenders to the extent necessary to meet public, victim, staff, and offender safety responsibilities.

DOC 328.01(2) (2) To assist in providing opportunities to achieve the critical success factors of residence, employment, appropriate treatment, and general stability in the living situation.

DOC 328.01(3) (3) To assist in providing access to community-based programs for offenders on community supervision.

DOC 328.01(4) (4) To establish necessary guidelines, procedures, and controls to maintain program, staff, and fiscal accountability and to promote program efficiency and effectiveness.

DOC 328.01(5) (5) To cooperate with other agencies and communities in activities for the purpose of prevention of crime and victimization.

DOC 328.01(6) (6) To protect the health, rights, and dignity of all offenders involved in the department’s programs and activities.

DOC 328.01 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13.

DOC 328.02 DOC 328.02 Applicability. This chapter applies to the department and to offenders under the division’s custody and supervision for correctional purposes. It implements ss. 165.76, 301.001, 301.03, 301.45, 301.46, 302.11, 302.113, 302.114, 302.14, 302.19, 302.31, 302.335, 304.06 (3), 304.072, 304.074, 304.12, 304.13, 304.135, 304.137, 304.14, 939.615, 941.29, 961.47, 971.17, 972.15, 973.01, 973.04, 973.06, 973.07, 973.08, 973.09, 973.10, 973.125, and 973.20, Stats., and chs. 950 and 980, Stats.

DOC 328.02 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

DOC 328.03 DOC 328.03 Definitions. In this chapter:

DOC 328.03(1) (1) “Abscond” means the failure of an offender to make himself or herself available as directed by the agent.

DOC 328.03(2) (2) “Administrator” means the administrator of the division or designee.

DOC 328.03(3) (3) “Advocate” means a person who assists in the presentation of the offender’s position, is independent, and able to act in an offender’s best interest. The advocate may not be a person in the custody or under the supervision of the department or an employee of the department.

DOC 328.03(4) (4) “Agent” means an employee of the division who may be assigned the responsibilities under this chapter.

DOC 328.03(5) (5) “Alternative to revocation” means placement in a program or imposition of a sanction in lieu of revocation.

DOC 328.03(6) (6) “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.

DOC 328.03(7) (7) “Body contents search” means a search in which the offender is required to provide a biological specimen, including but not limited to a sample of urine, breath, blood, stool, hair, fingernails, saliva, semen, or other identifying physical material.

DOC 328.03(8) (8) “Collateral” means any person who has contact with or information about an offender.

DOC 328.03(9) (9) “Commitment term” or “term” means that period of time during which the offender is subject to the control and supervision of the department.

DOC 328.03(10) (10) “Community supervision” or “supervision” means the control and management of offenders on probation, parole, extended supervision, or other statuses as authorized by court order or statute.

DOC 328.03(11) (11) “Conditions” means specific regulations imposed on the offender by the court or earned release review commission.

DOC 328.03(12) (12) “Contacts” means communications between an agent and an offender or collateral.

DOC 328.03(13) (13) “Contraband” means any of the following:

DOC 328.03(13)(a) (a) Any item which the offender may not possess under the rules or conditions of the offender’s custody or supervision.

DOC 328.03(13)(b) (b) Any item whose possession is forbidden by law.

DOC 328.03(14) (14) “Deadly force” means force which the user reasonably believes will create a substantial risk of causing death or great bodily harm to another.

DOC 328.03(15) (15) “Department” means the department of corrections.

DOC 328.03(16) (16) “Discharge” means the completion of the term of supervision by an offender.

DOC 328.03(17) (17) “Division” means the division of community corrections.

DOC 328.03(18) (18) “Extended supervision” means that portion of a bifurcated sentence that is ordered to be served on community supervision as provided in s. 973.01, Stats.

DOC 328.03(19) (19) “Extension” means the continuation by the sentencing court of supervision beyond the current discharge date.

DOC 328.03(20) (20) “Financial resources” of an offender means any income or assets from any source under the offender’s sole or joint control.

DOC 328.03(21) (21) “Force” means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way. It includes the use of mechanical or physical power or strength.

DOC 328.03(22) (22) “Great bodily harm” means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

DOC 328.03(23) (23) “Hearing examiner” means a person appointed to preside over a hearing to determine whether the department may impose a condition of supervision requiring compliance with prescribed psychotropic medication. The hearing examiner may not currently be involved in the offender’s treatment, diagnosis, or supervision, or the direct supervisor of the agent or psychiatrist treating the offender.

DOC 328.03(24) (24) “Incapacitating agent” means any product or device commercially manufactured for the purpose of temporary control of an offender.

DOC 328.03(25) (25) “Interstate compact” means an agreement between Wisconsin and another state in the United States or territory of the United States, which provides the means for community supervision of offenders between states as authorized under ss. 304.13, 304.135, 304.14, and 304.16, Stats.

DOC 328.03(26) (26) “Intoxicating substance” means anything which if taken into the body may alter or impair normal mental or physical functions.

DOC 328.03(27) (27) “Non-deadly force” means force which the user reasonably believes will not create a substantial risk of causing death or great bodily harm to another.

DOC 328.03(28) (28) “Offender” means a person who is committed to the custody of the department for correctional purposes and is under community supervision of the division.

DOC 328.03(29) (29) “Pat-down” means a frisk of the offender’s body outside the clothing.

DOC 328.03(30) (30) “Personal search” means a search of an offender’s person, including but not limited to the offender’s pockets, an examination of the offender’s shoes, hat, and other clothing, and a visual inspection inside the offender’s mouth.

DOC 328.03(31) (31) “Region” means a subunit of the division.

DOC 328.03(32) (32) “Regional chief” means an employee or designee of the division responsible for the administration of a region.

DOC 328.03(33) (33) “Reporting” means a contact between an agent and offender determined by the rules or conditions of supervision.

DOC 328.03(34) (34) “Revocation” means the removal of an offender from community supervision in accordance with chs. DOC 331 and HA 2.

DOC 328.03(35) (35) “Rules” means departmental regulations applicable to a specific offender under supervision.

DOC 328.03(36) (36) “School” means a public school under s. 115.01 (1), Stats., a charter school as defined in s. 115.001 (1), Stats., or a private school as defined in s. 115.001 (3r), Stats.

DOC 328.03(37) (37) “Secretary” means the secretary of the department or designee.

DOC 328.03(38) (38) “Supervision fees” means financial obligations imposed on offenders pursuant to s. 304.074, Stats.

DOC 328.03(39) (39) “Supervisor” means an employee of the division responsible for the oversight and management of staff involved in direct supervision of offenders.

DOC 328.03(40) (40) “Tolled time” means the period of time between the date of an offender’s violation and the date the offender’s supervision is reinstated or revoked.

DOC 328.03(41) (41) “Waiver” means the written relinquishment of known rights by an offender.

DOC 328.03(42) (42) “Working day” means each day, except Saturday, Sunday, and holidays designated in s. 230.35 (4) (a), Stats.

DOC 328.03 History History: CR 10-126: cr. Register June 2013 No. 690, eff. 7-1-13; correction in (38) made under s. 13.92 (4) (b) 7., Register June 2013 No. 690.

subch. II of ch. DOC 328 Subchapter II — Offender under Supervision

DOC 328.04 DOC 328.04 Community supervision.

DOC 328.04(1) (1) Division employees are to provide individualized supervision of offenders in a manner consistent with the goals and objectives of this chapter.

DOC 328.04(2) (2) When an offender is placed on supervision, an agent’s duties shall include all of the following:

DOC 328.04(2)(a) (a) Obtain information necessary for appropriate supervision of the offender.

DOC 328.04(2)(b) (b) Evaluate the offender’s needs and risk to re-offend.

DOC 328.04(2)(c) (c) Determine the short-term and long-term goals and overall objectives of the offender’s supervision.

DOC 328.04(2)(d) (d) Establish rules and explain and provide the offender with a copy of the rules and conditions.

DOC 328.04(2)(e) (e) Inform the offender of the possible consequences of not abiding by the rules and conditions.

DOC 328.04(2)(f) (f) Cooperate with and assist the district attorney who is responsible for determining restitution.

DOC 328.04(2)(g) (g) Inform the offender of the administrative review process under s. DOC 328.12.

DOC 328.04(2)(h) (h) Inform the offender of applicable state and local law enforcement registration requirements.

DOC 328.04(2)(i) (i) Monitor the offender’s compliance with the conditions and rules including through the use of monitoring and tracking technology at the discretion of the department.

DOC 328.04(2)(j) (j) Maintain complete and accurate case records for each offender.

DOC 328.04(2)(k) (k) Supervise persons committed under s. 971.17, Stats., and ch. 980, Stats., in accordance with the agreement between the department and the department of health services.

DOC 328.04(2)(L) (L) Report suspected child abuse cases to the appropriate authorities.

DOC 328.04(2)(m) (m) Report to a supervisor as directed on the status of the offender.

DOC 328.04(2)(n) (n) Report all violations of the criminal law by the offender to a supervisor and if appropriate, to law enforcement.

DOC 328.04(2)(o) (o) Conduct investigations and prepare institution release plans in accordance with s. DOC 328.05.

DOC 328.04(2)(p) (p) Collect restitution and other court ordered financial obligations, and fees as authorized by statute.

DOC 328.04(2)(q) (q) Inform the offender of the process to petition for termination of lifetime supervision under s. 939.615 (6), Stats., if applicable.

DOC 328.04(3) (3) Standard rules require that the offender shall comply with all of the following: