Wisconsin Legislature: subch. I of ch. DOC 328

Ch. DOC 328 NoteNote: 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 Chapter DOC 328 was repealed and recreated, Register June 2013 No. 690, eff. 7-1-13.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 328Subchapter I — General Provisions

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

DOC 328.02DOC 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 HistoryHistory: 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 328.03DOC 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 HistoryHistory: 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 328Subchapter II — Offender under Supervision

DOC 328.04DOC 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.